A lawyer acting for Alexee Trevizo, the New Mexico teenager charged with the murder of her baby, says hospital staff were responsible for the child’s death, not her.
Trevizo, 19, gave birth in the bathroom of 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. She claims he was stillborn.
Prosecutors say she killed him by strangling him, articulating their theory that the baby had air in his lungs when he died.
Alexee has not spoken publicly since being charged, but her attorney Gary Mitchell told DailyMail.com she was unfairly vilified.
Trevizo, 19, gave birth in the bathroom of Artesia General Hospital on January 27 after presenting complaining of back pain. She is pictured with her mother and a nurse. Alexee’s lawyer says she was high on drugs that led to her baby’s death
The 19-year-old has been charged with murder and is awaiting trial in New Mexico
They fight not only to have the charges against her dismissed, but also to prove that the boy died before she gave birth to him.
In legal documents obtained by DailyMail.com, Mitchell claims that hospital staff and city employees violated HIPPA laws by sharing her medical records and discussing the case.
He also claims that by the time the case comes to trial, it will become clear that she did not strangle the child.
“The thing is, she didn’t kill her baby. The tests (which have been done) to determine that she has done so are so ancient that they are medieval.
“There was no strangulation. This is not a murder case,” he said.
Mitchell says he will show how Alexee was given a cocktail of drugs inappropriate for pregnant women let alone those in labor.
“It was definitely the main cause of death for the baby. Guess what causes major respiratory problems in fetuses? Morphine, he said.
Videos taken on January 6 – three weeks before she was due – show Alexee Trevizo, 19, a cheerleader with a huge baby bump. Her attorney says she thought she had just gained weight from eating McDonald’s every day with her boyfriend
Alexee and boyfriend Devin Fierro at prom just months after secretly giving birth and trashing baby
Mitchell says a toxicology report shows the baby had 0.19 nanograms of morphine in his system when he was born, and he also tested positive for COVID-19, influenza A&B and SARS.
He maintains that Alexee didn’t know she was pregnant despite her weight gain and the development of a bump clearly visible through her cheerleading clothes.
‘You know women will tell me ‘she gained 10 or 15 pounds so she must have known’ but she was on her period when she went to the hospital.
“Scientifically, 1 in 2,500 women don’t know they are pregnant when they give birth, especially teenage girls.
“She went to McDonald’s every day with her boyfriend. She thinks gaining weight is normal. She was taking birth control and having her period. She didn’t feel any kicks, she didn’t feel sick.
Alexee’s lawyer, Gary Mitchell, says she was condemned on social media and by the press
‘Why would she think she’s pregnant?’
Mitchell says staff unwittingly continued to give Alexee medication that would interfere with the baby’s breathing for too long.
“On January 26, she goes to the hospital and arrives at 12:03 a.m. At 12:05 p.m. she is admitted. At 12:18 a.m. they start giving her muscle relaxants.
“At 12:28 a.m. they give him morphine and they also give him more painkillers. This continues for 111 minutes.
“They give her ketorolac, which you’re not supposed to give pregnant women, and ondansetron for nausea.
“They give him the muscle relaxant cyclobenzaprine, acetaminophen and morphine, which you’re definitely not supposed to give during labour.
“At 12:28 a.m. she receives morphine and blood tests. At 12:51 a.m., they knew she was pregnant.
“At 1:39 a.m., she goes into the bathroom. They had taken out the IV so she could go to the bathroom.
Prosecutors say Alexee knew she was pregnant but was desperate to hide it from everyone.
After giving birth in the bathroom, she placed the baby in a trash can and covered him with a garbage bag.
The baby was discovered by a hospital cleaner who was traumatized by what she found.
Alexee gave birth at Artesia General Hospital in New Mexico (pictured) on January 27