El Rito Media Prosecutors appealed to the New Mexico Supreme Court after a district judge agreed to suppress evidence taken from Artesia General Hospital amid the investigation of a 20-year-old Artesia woman who allegedly gave birth at the facility and suffocated the baby in a trashcan.

Alexee Trevizo of Artesia was charged with one count of first-degree murder and tampering with evidence stemming from the incident in January 2023 when police said she gave birth to a boy who was later found dead by hospital staff. Trevizo was arrested in May 2023 and released from custody weeks later despite a motion from prosecutors that she be incarcerated ahead of trial.

A jury trial was scheduled for Aug. 26, 2024, but arguments remained as to what evidence would be admitted in the case. A motion filed by her attorney Gary Mitchell in July 2023 aimed to exclude interviews and medical records obtained from the Artesia General Hospital.

District Judge Jane Shuler Gray on May 13, 2024 ruled in a sealed opinion that statements made by Trevizo to medical staff and police at the hospital be excluded from the case, but did not exclude medical records obtained by investigators, read the prosecution’s appeal filed July 8 in New Mexico Supreme Court. It was unclear when the appeal would be heard.

Defense looks to dismiss, argues suspect’s rights violated Shuler Gray’s ruling followed an Aug. 22, 2023 hearing on the defense’s motions to suppress both the Trevizo’s medical records and statements made at the hospital.

The defense motion argued the case should be dismissed as Trevizo’s doctor-patient privilege was violated when statements she made to a physician were used as evidence in the criminal prosecution, and that she was not properly given her rights to avoid self-incrimination when speaking with police officers at the scene. According to the state’s appeal, Trevizo told a doctor “I’m sorry… it came out of me…I didn’t know what to do,” when she was told by medical staff that her son was found in the trashcan, thus allegedly admitting her role in the infant’s death while not under arrest or restraint. Prosecutors also argued Trevizo’s mother was present during the conversation as a third party, thus removing doctor-patient confidentiality.

“Essentially, the district court determined that Dr. Vaskas was acting as a police agent the moment she walked into defendant’s room. Yet, at the (Aug. 22, 2023) hearing, the district court was not presented with testimony to suggest Dr. Vaskas planned her entry into defendant’s room, that her only purpose was to elicit incriminating statements from defendants, or that she acted in concert with law enforcement agents,” read the appeal.

‘A massive violation’ of Trevizo’s rights, defense argues The defense’s argument centered on this statement being admitted as evidence of Trevizo’s guilt despite being made confidentially as a patient. The motion also argued the hospital violated the Health Insurance Portability and Accountability Act (HIPPA) when it released her medical records to investigators without Trevizo’s consent.

“Sadly, the desire to cover up a constitutional, statutory and rule violations by the Artesia Police Department and Artesia General Hospital have resulted in a massive violation and massive publicity thereby destroying Alexee Trevizo’s attempt to get a fair trial before a fair and impartial jury,” read the defense’s motion.

In its response to the defense’s motion to suppress the evidence, prosecutors argued that once Trevizo was arrested, investigators refrained from asking questions with “investigative intent” and asked the suspect’s mother to not ask questions either.

“At all times. The defendant’s Miranda rights were scrupulously honored. Therefore, there is no basis upon which her statements should be suppressed.” Prosecutors also argued HIPPA did not prevent the hospital from providing information to law enforcement relating to a crime committed at the facility.

Adrian Hedden can be reached at 734-9726855, achedden@currentargus.
com or @
AdrianHedden on the social media platform X.