A New Mexico woman accused of killing her newborn and disposing of the baby in a hospital trash can cannot be prosecuted using statements she made in the emergency room, the state’s highest court ruled Thursday — and the reason why is raising serious questions about what really happened that night.
The Supreme Court of New Mexico unanimously upheld the suppression of all statements made by Alexee Trevizo, now 22, finding that her physician-patient privilege was violated when a doctor brought two armed, uniformed police officers into her hospital room at 2:41 a.m. without her knowledge or consent.
Trevizo was 19 years old in January 2023 when she reportedly gave birth alone in a locked hospital bathroom. The newborn was later found dead. She was arrested in May 2023.
What the court found deeply troubling was how the confrontation unfolded. According to the unanimous opinion, Trevizo had just delivered a baby alone, was suffering from life-threatening blood loss, and had been administered multiple medications — including narcotics — when her doctor suddenly disclosed her private medical information to everyone in the room, including law enforcement.
The court did not hold back in its criticism, writing that the doctor “without authorization, ambushed Defendant,” bringing armed officers who stood in the doorway while her personal medical details were discussed without warning.
The justices ruled that for a patient to legally waive their doctor-patient confidentiality, they must have the mental and physical capacity to do so. Given Trevizo’s critical medical condition at the time, the court concluded she had no such capacity.
Prosecutors had argued that Trevizo waived her rights simply because her mother and police were present during the conversation — but the court rejected that reasoning entirely.
With the emergency room statements now suppressed, the case against Trevizo faces a significant setback. She has appeared in court only once since her 2023 arrest.
The case now returns to Eddy County District Court, where prosecutors must determine how — or whether — they can proceed.