Footage from police body cameras, which captured Alexee Trevizo appearing to confess to placing her newborn son in a hospital trash bag, cannot be used as evidence against her in her murder trial. The New Mexico Supreme Court ruled Thursday that statements and actions at the hospital are protected under doctor-patient confidentiality.
Trevizo, now 22, gave birth to a son in a bathroom at Artesia General Hospital on January 27, 2023. Police allege she then put the infant's body in a trash can. She had arrived at the hospital complaining of back pain and was captured on surveillance footage running into the bathroom where the newborn was later found.
When confronted by her doctor about the discovery, Trevizo stated, "I'm sorry, it came out of me. I didn't know what to do," according to the body camera footage. She also claimed the baby showed "no movement, no breathing, nothing."
Prosecutors must now rebuild their case against Trevizo, who is charged with first-degree murder in the newborn's death. Her defense attorneys have argued that hospital staff violated HIPAA laws by sharing her medical records and discussing the case. Trevizo has maintained she did not know she was pregnant when she sought treatment for back pain.
Court's Decision
The New Mexico Supreme Court justices unanimously agreed, rejecting prosecutors' arguments that Trevizo waived doctor-patient confidentiality because police officers and her mother were present in the hospital room. Justice Michael Vigil wrote in the opinion that the court "reject[s] that argument as inconsistent with case law and the policy interests underlying the physician-patient privilege."
The court also found that Trevizo was not in a condition to voluntarily waive her physician confidentiality rights, citing the narcotic medications she had been administered, her recent childbirth, and significant blood loss. The justices noted that Dr. Heather Vaskas, "without authorization, ambushed Defendant, bringing with her two armed officers." They concluded that, under these circumstances, Trevizo's waiver of privilege was not voluntary.
Furthermore, the court rejected the argument that New Mexico state law requiring medical professionals to report suspected child abuse should override physician-patient privilege. The justices determined that this reporting requirement is limited to notifying authorities, and once reported, law enforcement assumes the investigation while confidential medical communications remain privileged.
Case Details
Trevizo, then 19, was allegedly given multiple medications for pain before going to the restroom around 2 a.m. and giving birth. Prosecutors claim she separated the umbilical cord in a manner described by nurses as animalistic, wrapped the baby in a plastic bag, and disposed of it in the trash. A hospital cleaning crew member discovered the infant's body.
Months later, Trevizo was arrested after an autopsy report indicated the child had air in his lungs and showed evidence of hypoxia, which prosecutors argued was inconsistent with Trevizo's claim that the newborn was not crying.
Trevizo's lawyers have contended that she did not kill her baby, stating that the testing used to determine cause of death was "antiquated" and that there was "no strangulation."
A court spokesperson confirmed that the ruling only affects the prosecution's ability to use the footage in court and does not prevent media outlets from using it.
