A New Mexico teenager accused of killing her baby by stuffing it in a hospital trash can didn’t know she was pregnant, her lawyer says.
“Not one of them told her she was pregnant,” Gary Mitchell told Law&Crime Network.
Body camera video of the January 27 incident has gone viral, showing police and medics speaking with 19-year-old Alexee Trevizo after the baby was found in a trash can.
“Nothing was crying. He came out with nothing,” Trevizo can be heard saying in the recording.
At the time, Trevizo was admitted to a hospital in Artesia, New Mexico with back pain.
“She went to the hospital thinking she had lower back pain and severe abdominal pain,” Mitchell explained. “[She] indicated on a scale of 1 to 10 that it was a 10.
After cleaning a bloody bathroom that Trevizo had just used, a hospital staff member found the baby in a garbage bag.
“She put the baby in the bin and put another clean liner on it,” a hospital staff member told police on the body camera recording. “She killed the child.”
Not allowed to attend graduation ceremony
The newborn died and Trevizo was charged with first degree murder and tampering with evidence on May 10. She was released on $100,000 bond on May 16 ahead of her high school graduation next week.
“They’re not going to allow him to go to his graduation because of the controversy in the community. And they just don’t want to have chaos. She’s okay with that,” Mitchell said of Trevizo’s graduation.
Law&Crime Network has reached out to Artesia High School for comment. Superintendent Thad Phipps replied via email: “I am not in a position to comment on personal student affairs.
“There was no order or order from the school, as far as we know. They just asked that she not be there so as not to generate problems. And so she accepted that”, Mitchell said.
According to Mitchell, Trevizo returned to school after giving birth in January, but after her arrest only returned to take a final exam. He said she had a 3.86 GPA and was already committed to attending New Mexico State University.
“She has absolutely no criminal record, not even a moving traffic check. It’s no criminal record, no school suspensions, no school infractions,” he said. “[She was] member of the cheer squad since she was a freshman in high school, member of the choir. Just a top notch student and person.
“She is shocked”
When Trevizo was admitted to Artesia General Hospital on January 27, Mitchell said she was not expecting to give birth.
“She’s shocked every time she delivers a baby,” Mitchell told Law&Crime Network. “I already have a very good idea of what caused the death of the baby. It had nothing to do with my client. She was not at fault. »
Before being admitted to hospital, Trevizo spent four hours training with her cheerleading team and was dehydrated. Mitchell said she didn’t realize she was pregnant.
“There is no doubt that she thought she had been protected. There is no doubt that she had used birth control,” Mitchell said. “Obviously it didn’t work.”
“Nurses and doctors let her down”
According to Mitchell, Trevizo was loaded with drugs including zofran, sodium chloride and morphine after arriving at the hospital.
“They gave him important medication. Some of these drugs are definitely dangerous to an unborn child or fetus,” Mitchell said. “This medication was started without knowing whether she was pregnant or not.”
Trevizo wasn’t told she was pregnant until she went to the bathroom, according to Mitchell. He said she gave birth alone and without assistance.
“It’s a situation where the hospital let her down. The nurses and the doctors let her down. The medical investigators let her down,” he said.
As Law&Crime Network previously reported, an autopsy conducted by the Office of the Medical Investigator showed the baby’s death was not consistent with a stillbirth, finding that he had air in his lungs.
“I will obviously have another expert look at this. I don’t know if that’s true or not, because I don’t have much faith in IMO,” Mitchell said.
“She still tried to do the right thing”
When asked why Trevizo put her baby in a trash bag, Mitchell said she believed the baby was dead.
“She still tried to do the right thing with her baby, I’ll tell you. And that baby didn’t go in the trash right away,” he said.
Mitchell told Law&Crime Network that the hospital illegally released portions of Trevizo’s medical records, which could be considered professional misconduct.
“I absolutely believe that not only will we be able to show that she is completely innocent, but we will be able to show what some might call professional misconduct that took place,” he said.
Law&Crime Network contacted Artesia General Hospital for comment on the allegations, but did not receive a response.
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