The New Mexico Supreme Court has ruled that crucial video evidence, including police body camera footage of Alexee Trevizo's statements about her newborn's death, cannot be used against her in a first-degree murder trial. The court determined that these statements and actions are protected under doctor-patient confidentiality.
Trevizo, now 22, was accused of giving birth in a hospital bathroom on January 27, 2023, and then placing the infant in a trash bag. She had arrived at Artesia General Hospital complaining of back pain. Surveillance footage captured her entering a bathroom, and later, when confronted by a doctor, she reportedly said, "I'm sorry, it came out of me. I didn't know what to do." She also claimed the baby showed "no movement, no breathing, nothing."
The court's decision on Thursday stated that prosecutors cannot use either the body camera footage or hospital surveillance video. The justices unanimously rejected the state's argument that Trevizo waived confidentiality because police officers and her mother were present in the room. They found that her medical condition at the time—having just given birth, administered narcotic medications, and experiencing significant blood loss—prevented her from voluntarily waiving her rights.
"Despite her unresolved medical crisis, Dr Vaskas, without authorization, ambushed Defendant, bringing with her two armed officers who stood in the doorway of her hospital room," wrote Justice Michael Vigil in the opinion. "Considering this sudden unauthorized disclosure, coupled with Defendant's compromised medical condition, under the totality of the circumstances, we cannot conclude that Defendant's waiver of her physician-patient privilege was voluntary."
The court also addressed the argument that New Mexico law requires medical professionals to report suspected child abuse, stating that this requirement is limited to notifying authorities, after which confidential medical communications remain privileged.
Trevizo, who was 19 at the time of the incident, has maintained she did not know she was pregnant. Her defense attorneys have argued that she did not kill the infant and that the testing used to determine cause of death is outdated. They also stated that toxicology reports showed the baby had morphine in his system and tested positive for various viruses.
An autopsy report indicated the child had air in his lungs and evidence of hypoxia, which prosecutors contended was inconsistent with Trevizo's claim that the newborn was not crying. Trevizo was arrested months after the incident. The ruling specifically applies to the prosecution's ability to use the footage in court and does not prevent media outlets from using it.