New Mexico cheerleader accused of killing her newborn baby in a hospital bathroom has asked that her alleged confession be kept out of her first-degree murder trial

Alexee Trevizo, now 21, gave birth to her son in a bathroom at the Artesia General Hospital in January, 2023, before putting his body in a trashcan

Investigators allege the infant was strangled on account of having air in his lungs when he died

Confronted by hospital staff who’d contacted police she admitted to the act in the presence of officers

Her defense team citing HIPPA laws, are claiming doctor-patient privilege because a a doctor was present during the questioning

Trevizo and her mother who took her to hospital for back pain both claimed they were not aware she was pregnant

Videos taken on January 6, 2023, three weeks before she gave birth, show the soon to-be mom cheerleading with an enormous baby bump

On January 27, 2023, Alexee: Trevizo [seen with her mother, Rosa Rodriguez], then 19, gave birth in the hospital have gone complaining of back pain. They both insisted they did not know she was pregnant when police confronted them about finding the infant’s body in a trash can 

A New Mexico cheerleader was accused of killing her newborn baby in a hospital bathroom, aged 19 in 2023. Subsequently she confessed and was charged with the murder of her newborn son.
Alexee Trevizo, now 21, through her attorneys is seeking to have her alleged confession excluded from her first-degree murder trial. 
Trevizo gave birth to her son in a bathroom at the Artesia General Hospital on January 27, 2023, before putting his body in a trashcan, according to police. 
Officials said she secretly gave birth to a full-term baby boy after she went to the hospital for ‘back pain’.
On March 28, 2023, based on an autopsy report, death was ruled a homicide.
Originally arrested on charges of intentional abuse of a child, tampering with evidence, and murder in the first degree. Later, the criminal complaint against the then high school student was dropped to a single count of child abuse.

Trevizo‘s lawyers have now requested that her alleged confession from her hospital bed be excluded from her upcoming murder trial, arguing it should be suppressed because she was speaking under doctor-patient privilege

With an appeal by prosecutors against prior defense favoring rulings pending in New Mexico’s Supreme court, Trevizo’s lawyers have now requested that her alleged confession from her hospital bed be excluded from her upcoming murder trial, arguing it should be suppressed because she was speaking under doctor-patient privilege.
Trevizo was still 19 when police said she gave birth to a baby and put it in a trash can in the hospital bathroom. Prosecutors allege Trevizo killed the infant by strangling him, hinging their theory on the fact the baby had air in his lungs when he died.
By contrast, Trevizo’s attorneys insist she has been unfairly vilified. The baby was stillborn, her lawyer Gary Mitchell has claimed.

Trevizo and her mother, Rosa Rodriguez, both insisted they did not know she was pregnant, but videos taken on January 6, 2023, three weeks before she gave birth, show the soon to-be mom cheerleading with an enormous baby bump

In bodycam footage of the moment police responded to Trevizo’s hospital room, Trevizo allegedly said: ‘I’m sorry, it came out of me and I didn’t know what to do… I was scared … it was not crying or nothing.’
Requesting suppression, Trevizo’s lawyers argued in court that those statements should be kept from the courtroom based on the presence of a doctor was in the hospital room, and Trevizo not understanding it was a police interview when she made the comments.
‘Physicians and medical personnel take on the role of caregiver. Police take on the role of investigator,’ said Trevizo’s attorney, Amber Fayerburg.
‘If we accept the state’s position in this case, that line completely disappears and it’s to the detriment to the patients of New Mexico at their most vulnerable moment.’

Trevizo was arrested and charged with murder on May 10, 2023. She was bonded out of jail until she graduated high school. However more than 12,000 people signed a petition to ban the young New Mexico resident, then a teenager, from attending college following accusations that she killed her baby

A district court agreed and ruled in favor of the defense team. However, prosecutors have appealed to New Mexico’s Supreme Court, seeking to reverse the lower court’s decision and reinstate the alleged murder confession. 
The Supreme Court is yet to make a ruling regarding the alleged hospital bed confession.  
In January, 2023, Trevizo insisted she never knew she’d been pregnant. She was allowed to return home from the hospital while police conducted their investigation. 
She had gone to the hospital with her mother, Rosa Rodriguez, on January 27, complaining of back pain.

Alexee Trevizo and her boyfriend Devyn Fierro at Artesia High School Prom on April 22, 2023, about 12 weeks after she gave birth to their newborn son and put him in the trash in a hospital bathroom. She was arrested on May 10 and is now charged with murder 

Alexee Trevizo is shown on surveillance cameras running to the bathroom in Artesia General Hospital to give birth. Prosecutors allege the infant was strangled, on account of the baby having air in his lungs when he died 

At around 2am, she told nurses that she needed to use the restroom.
She was filmed by hospital surveillance cameras running down the hall, clutching at her behind.
After locking herself in the bathroom, she gave birth to the full-term baby boy, separating the umbilical chord in a way that nurses said resembled how an animal might tear it.
Trevizo then wrapped the boy in a plastic bag and put him in the trash, before emerging calmly to make her way back to her room.
When questioned by one nurse in the hallway about all the blood in the room, she said it was ‘her period’.
Once back in the treatment room, she was confronted by staff, who called police.
Trevizo’s lawyer Gary Mitchell in court filings is claiming that hospital staff and city workers violated HIPPA laws by sharing her medical records and discussing the case.
He also claimed by the time the case goes to trial, it will become clear that she didn’t strangle the infant.

Devyn Fierro who at the hospital with his mother Melanie Fierro on January 27, 2023, [photo] was at the time Trevizo’s boyfriend of nearly three years. He affirmed with a nod when police inquired if he was the father

‘The fact is, she did not kill her baby. The testing [that was done] to determine that she did is so antiquated that it is medieval.
‘There was no strangulation. This is not a murder case,’ he said.
Defense said they intend to show that their client was given a cocktail of drugs inappropriate for pregnant women, much less those in labor: ‘This certainly was the primary cause of death of the baby. Guess what does cause major breathing issues in fetuses? Morphine,’ he said.
According to Gary Mitchell, a toxicology report shows the baby had 0.19 nanograms of morphine in his system when he was born, and that he also tested positive for COVID-19, influenza A&B and SARS.
Despite gaining weight and developing a bump that was clearly visible through her cheerleading clothes, her lawyer maintains Trevizo was unaware she was pregnant.