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Trial delayed for Alexee Trevizo accused of killing newborn at hospital

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The trial of Alexee Trevizo, accused of smothering her baby in a trash can after giving birth in a hospital emergency room, has been delayed as the prosecution and defense debate the inclusion of crucial evidence before the New Mexico Supreme Court.

Police said Trevizo, 20, gave birth to the child in a bathroom at the Artesia General Hospital in January 2023 and put him in a nearby trash can where he died of suffocation. She was charged with first-degree murder and tampering with evidence.

Trevizo’s case was scheduled to go before Fifth Judicial District Judge Jane Shuler-Gray in a jury trial Aug. 26 at Eddy County District Court but was delayed after the Fifth Judicial District Attorney’s Office appealed a ruling by Shuler-Gray to throw out evidence gathered by police at the hospital.

Court suppresses evidence, appeal filed In a motion to suppress the evidence Trevizo’s attorney Gary Mitchell argued that statements made by Trevizo and her mother at the hospital were protected by doct or-patient privilege and that she was not properly read her rights against self-incrimination when talking to police at the scene.

Shuler-Gray ruled in favor of the defendant in a sealed opinion, and Fifth Judicial District Attorney Dianna Luce filed an appeal to the state Supreme Court July 18.

Records show the Aug. 26 trial date was canceled as the Supreme Court considers the case, with a Sept. 13 deadline set for the “brief in chief” to present the facts of the appeal. Subsequent answer and reply briefs would be submitted within 60 days from that date, according to a timeline set by the Supreme Court in a July 31 notice.

The argument to suppress Trevizo’s statements hinged on what she said to hospital staff after the baby was found dead. Her comments were entered as evidence by the prosecution.

Records show she told a doctor at the hospital “I’m sorry…it came out of me…I didn’t know what to do,” which prosecutors argued was an admission of guilt in the murder.

Mitchell also contended Trevizo’s medical records were improperly provided by the hospital to law enforcement, a violation, he said, of the federal Health Information Portability and Accountability Act (HIPAA).

The prosecution responded in a subsequent filing that HIPAA did not protect records needed for the criminal investigation, and that Trevizo’s statements were made voluntarily while she was not under arrest or any pressure by police. The presence of Trevizo’s mother, a third party, in the room removed doctor-patient privilege, prosecutors argued.

Hospital fights subpoena As Trevizo’s statements were being debated in the Supreme Court, Artesia General Hospital and the defense could face another challenge as Artesia General Hospital sought to quash subpoenas issued by Mitchell and Trevizo’s defense.

On Aug. 5, the hospital wrote in its motion that the defense improperly attempted to serve the subpoena on July 25. That’s because it was addressed to the Artesia Special Hospital District, a separate entity from Artesia Genera Hospital, the motion said.

The subpoena could be key to the defense since it requested Trevizo’s medical files generated by the hospital such as her history of injury, x-rays, diagnostics and any notes from doctors or nurses. The court has yet to rule on the motion to quash, and a hearing on the issue is scheduled for Aug. 22.

Adrian Hedden can be reached at 734-972-6855, achedden@currentargus. com or @AdrianHedden on the social media platform X.

Oil and gas industry supporting community via non-profits

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New Mexico students can win a backpack filled with electronics, school supplies and other prizes via the New Mexico Oil and Gas Association (NMOGA)’s annual Ultimate Backpack Giveaway contest.

This year, five winners will receive a backpack with an iPad, AirPods, a keyboard, school supplies and free pizza party, read a NMOGA news release.

“Education is the cornerstone of a bright future, and NMOGA is committed to supporting our students’ academic journeys,” read a statement from NMOGA. “Our Ultimate Backpack Giveaway is designed to equip students with the tools they need for success in the classroom and beyond.”

NMOGA pointed out all the products included in the backpacks were made using petroleum products generated via oil and gas production in New Mexico, read the news release.

“The technology and school supplies provided in our backpacks have a unique connection to the oil and gas industry,” the release read. “Products like iPads, AirPods, and even the backpacks themselves are made possible thanks to petroleum byproducts. These byproducts are essential in creating the plastics and materials used in a wide range of modern technology and everyday items.”

To enter, students can go to NMOGA. org and fill out the registration form. Winners are chosen randomly.

“Join us in celebrating the role of oil and gas in education and everyday life,” the release read. “Sign up today and gear up for a successful school year with NMOGA’s Ultimate Backpack Giveaway.”

ConocoPhillips joins nonprofit to support businesses A local Carlsbad nonprofit partnered with one of southeast New Mexico’s biggest oil and gas companies to support businesses and entrepreneurs looking to open up shop in the community.

Carlsbad MainStreet, through a partnership with ConocoPhillips announced the third year of its Small Biz Builder Program in Eddy County.

The program is “uniquely designed” to meet the specific needs of businesses throughout the Permian Basin, read a MainStreet news release.

The program offers a three-week virtual and in-person course, educating those interested in starting their own business in the region, or growing and existing company.

It’s designed for 75 entrepreneurs, providing two virtual business training sessions and one in person. Participants also receive one-on-one coaching through “expert business consultations,” read the release. Participants also receive free Chromebook laptops.

An information and networking session was planned for those interested from 4:30 to 6 p.m., Aug. 22 at the Other Side at Milton’s Brewing, 213 W. Mermod St. in Carlsbad.

“Please share with any business owners or entrepreneurs that you think would benefit from this great resource to the community, and if you have any questions on it, feel free to reach out,” read a statement from Carlsbad MainStreet.

Bulldogs prepare for Aug. 23 season opener against Carlsbad

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Aug. 8 varsity and junior student-athletes of the Artesia High School football team gathered for team pictures at the Bulldog Bowl.

The annual team photo was taken on opening day for the Artesia Public Schools as students reported for the 2024-2025 academic year.

The Bulldogs are the defending 2023 New Mexico 5A state champions. Artesia defeated Roswell last year 35-21 in the title game.

Artesia opens the 2024 campaign Aug. 23 against the Carlsbad Cavemen at Bulldog Bowl.

The Bulldogs clubbed the Cavemen last year 55-7 in Carlsbad.

Mike Smith can be reached via phone at 575-308-8734.

Marion Denise (Meme) Bean

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Memorial Services are scheduled for Marion Denise (Meme) Bean on August 22, 2024 at 2:00pm.

Services will take place at Harvest Fellowship in Artesia, New Mexico with Tate Branch officiating.

Meme was born on May 4, 1966, in Las Cruces, New Mexico to David and Joan Kincaid. She passed away peacefully surrounded by family on August 9, 2024, after a brave and lengthy battle with cancer.

Honorary pall bearers include Jack Coupland, Mike Ingram, Clay Kincaid, Cole Kincaid, Marc Kincaid, Rob Taylor, and John Neel.

Meme was a 1984 graduate of Carlsbad High School. After high school, she furthered her education and obtained a diploma from Southwest Institute of Fashion Merchandising and Design, in El Paso, Texas.

Meme and Bullet met on July 29, 1990, and married that same year on September 22, 1990; at 24 years old she met and married the love of her life, and they would soon be celebrating 34 years together. Meme and Bullet were blessed to blend their families to include Bullets son and daughter, Bucky and Lori, along with Memes son, Josh. They went on to have one son together, JT, to complete their beautiful family. Meme loved supporting her boys as an avid Bulldog Baseball Mom along with her granddaughters, Bristol and Blayke, in all their activities.

Her passions were flowers, horses, people and smiles and her favorite colors were red and black. Meme had a favorite saying, Be yourself, everyone else is already taken!.

Meme was a member of West Main Baptist Church.

Honoring her ranching heritage, Meme was a dedicated member of the New Mexico Cowbells, Yucca Cowbells, and Wool Growers Association where she was an advocate for New Mexico agriculture.

Those left to cherish her memory include her husband, Bullet Bean of the family home; son JT Bean and wife Kendra and granddaughters, Bristol and Blayke Bean; son Bucky, grandchildren Desiray, Nathan and Matthew; daughter, Lori Ingram and husband Mike Ingram and grandchildren Brianna Robinson, Zach Hinojos, Kamryn Zwemstra, Cadence Neumann and Carl Neuman; her parents David and Joan Kincaid; brother Mark and wife Tamela Kincaid, nephews Cole and Clay Kincaid; Aunts Tina Kincaid and Joyce Laumbach; and brother in laws Robert and Kenneth Bean.

Meme was preceded in death by her son Joshua Sterling Beeman, grandson Michael Bean, grandparents Kyle and Alta Hunter and Hugh and Nancy Kincaid, uncles Gene Kincaid and Peter Laumbach, father-in-law Marshall Bean, mothers-inlaws Alice Cornett and Shirley Bean.

Memorial donation in Memes honor may be sent to the following: Grammys House P.O. Box 654 Artesia, NM 88211 Or Written in Red Foundation P.O. Box 1501 Artesia, NM 88211 Our family would like to extend a special thank-you to Enhabit Hospice for the exceptional care theyve provided Meme throughout this time. Wed also like to express our heartfelt appreciation to Linda Taylor for her tireless efforts in caring for Meme and giving her so much love and attention. Meme has been blessed with a host of friends and family who have gone above and beyond to provide meals, run errands, help with arrangements and just sit at her side exemplifying the true meaning of friendship and family. May God richly bless you all!

Frank B. Hernandez

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Our beloved Frank B. Hernandez has passed away August 5, 2024. He was born on June 1, 1952. Frank was the son of Pete & Lola Hernandez.

He leaves behind his brothers Johnny Chapo, Martin, Arturo, Raymond, Steve and wife Carmen and his sisters Nancy Contreras, Lucy Campos and husband Ed, Lupe and husband Sid Levario, and Corina Hernandez. He had one Godson Jared Frank Hernandez.

Frank proceeded in death by his parents Pete and Lola Hernandez and 6 brothers and 1 sister.

Frank loved spending time with his family and his dogs. He liked to do track in school and loved Friday nights watching Artesia Bulldogs play football. He worked on a farm for 42 years. He loved to grow vegetables, fruits and pumpkins. He had a record for the biggest pumpkin. His favorite holiday was the 4th of July because he got to buy the biggest fireworks they had and he put on good show for his family. He loved the Dallas Cowboys and the cheerleaders. He was excited when he got to go to a game and take a picture with the Dallas Cowboys cheerleaders. His favorite artist and song was Shania Twain UP. He had the biggest heart and will be missed but never forgotten and we will cherish all the good times we had with him.

A funeral service will be held on Monday August 19,2024 at Our Lady of Grace Catholic Church. Rosary will be at 9:30 a.m. and Mass at 10 a.m. Interment to follow immediately at Woodbine Cemetery.

Linda Kathleen Newell

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Linda Kathleen Newell passed away after an extended illness on August 6, 2024, at the age of 78. Born on July 28, 1946, Linda’s life was a testament to the love, kindness, and faith that always defined her.

Born in Roswell, New Mexico, Linda grew up in Artesia, NM as the first daughter of the late Della Louise Daugherty. Linda is survived by her loving husband, Harold (Hal) Newell; her two children, son Eric Newell and daughter Jana Randolph; her younger sister, Shirley Lee Thiel; grandchildren Kylie Vasquez, Michael Miller and Cody Miller; three wonderful great-grandchildren, Della Rose Vasquez, River Jace Miller and Rowdy Blas Vasquez; and many loved aunts, uncles and cousins.

After her children were older Linda resumed her academic goals at the University of Texas at San Antonio, where she earned a Bachelor’s degree in education. This academic achievement was the starting point of a 20-year career educating 4th and 5th grade students in San Antonio’s NEISD, where she left an indelible mark on the lives of countless children. Her love for, and commitment to her pupils was frequently confirmed by prior students who made a point of looking her up many years later to tell her how much they appreciated her as a teacher.

While family was always her first priority, Linda’s interests were varied and rich. She found peace and joy in her garden, lovingly tending to her roses and plumeria. Her musical talent shone as she played the piano, filling her home with hymns and beautiful melodies. Linda developed a love for travel which took the Newell’s on many adventures, including living in Turkey and Germany, where she quickly embraced new cultures and experiences with open arms.

Those who knew Linda will remember her as a loving, faith-filled, and compassionate individual with a beautiful smile. Her gentle spirit and compassionate nature were the hallmarks of her character, and her unwavering faith guided her through life’s challenges.

Linda’s family takes comfort in knowing that she is now at peace and reunited with her beloved mother, Louise. Her legacy of love, kindness, and faith will continue to live on through her family and the countless lives she touched.

Linda Newell was a woman of extraordinary warmth and generosity, and her memory will forever be cherished in the hearts of her family, friends, and the students whose lives she shaped. May she rest in peace, knowing that she was a source of love and inspiration to all who knew her.

Robena J. Duncan

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Graveside services are scheduled for 9 am Thursday, August 15, at Woodbine Cemetery for Robena J. Duncan of Artesia, New Mexico.

Mrs. Duncan, 96, died on August 13, 2024 in Artesia.

Michael Duff will officiate at the services. Visitation will be at Terpening & Son Mortuary from 4 to 6 pm on Wednesday.

Robena was born on August 8, 1928 at home on a farm in Collingsworth County, Texas; the daughter of Noah Robert Johnson and Elnora Pitcock Johnson. She was the third child of 8 children. She graduated from Samnorwood High School in 1947. She was married to George W. Duncan Jr. on February 28, 1948 in Wellington, Texas. From 1948 to 1953 she worked for Irby Drug, and later on worked for many years in the Artesia Public School Cafeterias.

Robena was a member of First Baptist Church. She served as a Cub Scout leader and enjoyed life and time with her family.

She was preceded in death by her parents, husband George Duncan, seven siblings, and a grandson Brad Duncan.

Survivors include her son Robert Duncan and wife Patty; a daughter Kathy Wadkins and husband Jim; grandchildren Ross Duncan, Michael Wadkins and wife Laura, and Kandice Duncan; great-grandchildren Hayden Wadkins, Jarren Wadkins, Nykol Duncan and Bradley Duncan.

The family would like to offer a special thank you to the staff at Artesia General Hospital Emergency Room and ICU, the staff at Artesia Healthcare, and hospice nurses Jamie and Louisa.

“Ponder the path of your feet, let all of your ways be established.”

2024 TRUCK SERIES STANDINGS

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Rank/Driver Points

1 Corey Heim #11 2041

2 Christian Eckes #19 2038

3 Ty Majeski #98 2023

4 Nicholas Sanchez #2 2018

5 Rajah Caruth #71 2009

6 Grant Enfinger #9 2007

7 Tyler Ankrum #18 2007

8 Taylor Gray #17 2003

9 Ben Rhodes #99 2002

10 Daniel Dye #43 2001

Rank/Driver Points

11 Tanner Gray #15 407

12 Stewart Friesen #52 378

13 Matt Crafton #88 365

14 Chase Purdy #77 355

15 Layne Riggs #38 352

16 Jake Garcia #13 324

17 Dean Thompson #5 316

18 Ty Dillon #25 296

19 Bayley Currey #41 287

20 Bret Holmes #32 274

NEXT RACE: LiUNA! 175, Milwaukee Mile, West Allis, WI, 4 p.m. ET Sunday, Aug. 25, FS1

2024 XFINITY SERIES STANDINGS

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Rank/Driver Points 1 Cole Custer #00 761

2 Justin Allgaier #7 705

3 Austin Hill #21 674

4 Chandler Smith #81 661

5 Riley Herbst #98 618

6 AJ Allmendinger #16 609

7 Jesse Love #2 587

8 Sheldon Creed #18 576

9 Parker Kligerman #48 553

10 Ryan Sieg #39 510

Rank/Driver Points

11 Sammy Smith #8 507

12 Sam Mayer #1 502

13 Shane v Gisbergen #97 500

14 Brandon Jones #9 441

15 Anthony Alfredo #5 396

16 Brennan Poole #44 353

17 Parker Retzlaff #31 317

18 Josh Williams #11 309

19 Jeb Burton #22 286

20 Leland Honeyman #42 277

NEXT RACE: CABO WABO 250, Michigan International, 3:30 p.m. ET Saturday, USA