The New Mexico Supreme Court ruled on [date] that body camera footage of a woman confessing to hiding her newborn baby in a hospital trash can cannot be used as evidence in her murder case due to doctor-patient confidentiality protections.
In a unanimous decision, the court upheld a lower court’s ruling that statements made by Alexee Trevizo—who was 19 at the time of her arrest in 2023—while in a hospital room with her doctor, mother, and two police officers are inadmissible. The ruling also extended to surveillance video and any body camera footage captured by police during the incident.
Trevizo was charged with first-degree murder and tampering with evidence after hospital staff discovered a dead newborn in a trash can. Body camera footage shows her saying, “I’m sorry, it came out of me. I didn’t know what to do,” and later confirming to her mother that she placed the baby in the trash bag.
Court Rationale
The New Mexico Supreme Court determined that the statements were protected under doctor-patient confidentiality, as they were made in the presence of a medical professional. The court’s decision cited the state’s confidentiality laws, which bar the use of such statements in legal proceedings unless specific exceptions apply.
Background of the Case
Alexee Trevizo was a high school cheerleader when she gave birth in 2023. According to the body camera footage, a doctor entered her hospital room with two officers and informed her and her mother that a dead newborn had been found in the trash. Trevizo’s mother asked about the baby’s size, and a nurse confirmed the infant appeared full-term. Trevizo responded that the child “was not crying or nothing.” When pressed by her mother, she admitted placing the baby in the trash bag.
The Fifth Judicial District Court had previously ruled that the evidence was inadmissible, and the state Supreme Court upheld that decision. Prosecutors had sought to use the confession and related footage to support their case.
Legal and Ethical Implications
The ruling raises questions about the balance between medical confidentiality and criminal prosecution. Legal experts note that while confidentiality laws protect patient communications, they may also limit the admissibility of evidence in cases involving serious crimes. The decision does not address whether Trevizo will face alternative charges or if other evidence exists to support the prosecution’s case.
Trevizo remains charged with first-degree murder and tampering with evidence, though the exclusion of the bodycam footage and related statements may significantly impact the prosecution’s ability to secure a conviction.