New Mexico Court Rules Bodycam Confession Inadmissible in Murder Case
A New Mexico woman accused of hiding her newborn in a hospital trash can will not have her body camera confession used against her in a murder trial. The New Mexico Supreme Court has unanimously ruled that statements made by Alexee Trevizo while in her hospital room, including her confession to disposing of the infant, are protected by doctor-patient confidentiality and cannot be presented as evidence. This decision upholds a previous ruling by the Fifth Judicial District Court, which also deemed surveillance footage from the hospital and police body camera recordings inadmissible.
Confession Protected by Confidentiality
The pivotal moment in question occurred in January 2023, when Trevizo, then 19, was a patient at Artesia General Hospital experiencing severe back pain. While undergoing treatment and denying she was pregnant, Trevizo experienced a medical emergency that led to the discovery of a deceased newborn in a hospital bathroom trash can. Shortly after the discovery, a doctor entered Trevizo’s room accompanied by two police officers, who were recording with body cameras. The doctor informed Trevizo and her mother that a baby had been found in the trash and that the incident had to be reported.
It was in this context that Trevizo made her statements. “I’m sorry, it came out of me. I didn’t know what to do,” she was heard saying on the body camera footage. She further stated, “I was scared,” and claimed the child “was not crying or nothing.” When Trevizo’s mother inquired about the baby’s size and where it was placed, Trevizo confirmed she had put the newborn in a trash bag.
Prosecutors had argued that Trevizo’s statements were not protected because she was speaking in the presence of officers and not directly to them, and she had not been read her Miranda rights. However, the state’s high court disagreed. The court’s opinion, authored by Justice Michael E. Vigil, highlighted that Dr. Heather Vaskas entered Trevizo’s room with officers without her explicit consent to discuss her personal medical information. The justices concluded that Trevizo, who was still in a “compromised medical condition,” did not have a voluntary opportunity to waive her physician-patient privilege under these circumstances.
The Discovery of the Newborn
Trevizo’s ordeal began when she sought treatment for severe back pain at Artesia General Hospital. Despite repeated assertions that she was not pregnant, hospital staff administered tests and pain medication. Her condition prompted her to leave her room and go to the bathroom, where her mother and hospital staff eventually found her after about 20 minutes of waiting outside a locked door. Upon entering, they discovered a significant amount of blood on the floor and walls of the bathroom.
Initially, hospital staff suspected the bleeding was related to an attempted termination of pregnancy. A janitor was called to clean the bathroom. While cleaning, the janitor noticed the trash can felt unusually heavy. Upon investigating, the janitor discovered the lifeless newborn baby concealed within the trash bag, beneath bloody paper towels and other refuse. The discovery was reported to nurses, who then notified the authorities as legally required.
Autopsy and Trevizo’s Defense
An investigation by the New Mexico Office of the Medical Investigator determined that the newborn died by homicide. The autopsy report indicated the cause of death was entrapment, with the child placed and secured in a plastic trash bag amidst garbage. Evidence of air in the lungs and hemorrhage consistent with hypoxia was also noted. Despite these findings, Trevizo has consistently maintained that the baby was stillborn and that she was unaware of her pregnancy until she gave birth in the hospital bathroom.
Legal Ramifications and Public Reaction
The district attorney’s office had initially planned to use the body camera confession and hospital security footage as key evidence in the murder and tampering with evidence case against Trevizo. However, the New Mexico Supreme Court’s ruling effectively removes these pieces of evidence from the prosecution’s arsenal. The court’s decision underscores the importance of protecting patient confidentiality, even in the context of a criminal investigation.
Following her arrest in May 2023, Trevizo was released pending trial. She was permitted to complete her senior year of high school, though she was ultimately not allowed to attend prom or graduation ceremonies. Her case also drew significant public attention, with a petition circulating at New Mexico State University, where Trevizo enrolled, calling for her to be banned from campus, gathering over 30,000 signatures.
Conclusion
The New Mexico Supreme Court’s ruling represents a significant legal development in Alexee Trevizo’s case. By deeming her confession inadmissible due to doctor-patient confidentiality, the court has altered the landscape of the prosecution’s strategy. The case will now proceed with the remaining admissible evidence, and the legal proceedings will continue to navigate the complex intersection of patient rights and criminal justice.
