A New Mexico teenager charged with murdering her newborn baby in a hospital bathroom was seen in court for the first time on Tuesday.
Alexee Trevizo, 19, sat behind her attorney during the virtual court appearance as he discussed details of her upcoming trial, where she will plead her innocence.
His lawyer Gary Mitchell agreed to the trial taking place on October 2 during the hearing supervised by Judge Jane Gray.
The teenager gave birth in a toilet at Artesia General Hospital on January 27 after presenting complaining of back pain.
After giving birth to her baby boy alone, she put his body in a trash can for cleaners to find.
Alexee Trevizo sat behind her attorney during the virtual court appearance as he discussed details of her upcoming trial on Tuesday.
The 19-year-old has been charged with murder and is awaiting trial in New Mexico.
Trevizo gave birth in a toilet at Artesia General Hospital on January 27 after presenting complaining of back pain. She is pictured with her mother and a nurse
Prosecutors claim she killed him by strangling him, basing their theory on the baby having air in his lungs when he died.
She claims the baby was stillborn and her lawyers now claim hospital staff killed the baby by giving her drugs like morphine.
On Tuesday, Mitchell argued that videos showing Trevizo in her hospital room and in the hallway after giving birth violated her right to privacy. He also alleged that the police asked him questions without reading his rights to Miranda.
Trevizo admitted on body camera footage that she gave birth to a baby boy and put him in the trash.
The state, however, argued that privacy laws do not apply if there was a third person in the room, in this case Trevizo’s mother, or in public spaces such as a hospital corridor.
Judge Gray requested additional information from both parties.
Trevizo has not spoken publicly since being charged, but her lawyer Mitchell told DailyMail.com she was unjustly vilified.
“The thing is, she didn’t kill her baby. The tests (which have been done) to determine if she did are so antiquated they are medieval.
“There was no strangulation. This is not a murder case,” he said.
The teenager was arrested and charged with murder on May 10
Videos taken on January 6 – three weeks before she was due – show Alexee Trevizo, 19, cheerleading with a huge baby bump. On January 27, she gave birth in secret and threw the baby’s body in a hospital trash can. Now she’s charged with murder
Mitchell says he will show how Trevizo was given a cocktail of drugs that were inappropriate for pregnant women, let alone those in labor.
“It’s definitely the main cause of the baby’s death.” Guess what causes major respiratory problems in the fetus? Morphine, he said.
Mitchell says a toxicology report shows the baby had 0.19 nanograms of morphine in his system when he was born and also tested positive for COVID-19, influenza A&B and SARS.
He maintains Trevizo didn’t know she was pregnant despite gaining weight and developing a bump clearly visible through her cheerleading clothes.
However, as DailyMail.com previously reported, Trevizo’s high school friends claimed she knew she was pregnant.
The friends claimed that Trevizo even chose a name for the little boy. She was going to call him Alex.
And she claimed she gained weight, not because she was expecting but because she started taking birth control pills.
Alexee Trevizo and her boyfriend Devyn Fierro at the Artesia High School Prom on April 22 – 12 weeks after she gave birth to their newborn son and threw him in the trash in a hospital toilet. She was arrested on May 10 and is now charged with murder.
Trevizo was pictured in her cheerleading outfit with a visible baby bump just three weeks before she gave birth.
Just 21 days later, she was in hospital crying when police told her she had been caught trying to dispose of her son’s body.
Trevizo is currently on $100,000 bond after a judge allowed him to return to school to graduate.
She and her boyfriend, the baby’s alleged father, attended the high school prom after she was released from prison.
In the last week of April, when her son would have been three months old, she donned a mini dress and sneakers to dance the night away with Devyn Fierro, her boyfriend of “almost three years”.