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Alexee Trevizo case: New Mexico Supreme Court accepts Amicus Brief

A trial date for the woman accused of murdering her baby in a hospital remains unset. The newly approved legal documents can be used by the court during case review.

ARTESIA, New Mexico — In early December, the New Mexico Supreme Court officially accepted Amicus Briefs from parties outside the State of New Mexico versus Alexee Trevizo case. 

The court could now consider these documents as the case is being reviewed.

The most recent approved documents were filed by Professor Ji Seon Song, the American Civil Liberties Union (ACLU) of New Mexico and the National Police Accountability. Other approved legal documents were filed by the American College of Obstetricians and Gynecologists.

Trevizo is being charged with first degree murder and tampering with evidence after an autopsy determined the death of a newborn as a homicide. 

After her arrest, there were concerns about her privacy rights and whether healthcare and law enforcement acted appropriately.

On July 24, 2023, a judge with New Mexico's Fifth Judicial Court granted the defendant's motion to suppress. The order tossed out evidence including statements Trevizo allegedly made inside the hospital room on January 27, 2023 during the presence of Artesia General Hospital staff and Artesia Police, as well as video footage. 

On July 5, 2024, District Attorney Dianna Luce filed an appeal on the suppressed motion, asking the New Mexico Supreme Court to reverse the district court.

The newly approved document filed in part by the ACLU of New Mexico raised concerns over the legality of law enforcement in emergency rooms. 

In its response, the State of New Mexico made arguments against the brief including stating the case does not raise any problematic concerns regarding the presence of law enforcement in emergency rooms.

The trial against Trevizo was slated for August 26, 2024, however, according to New Mexico court documents, the date was completely removed from the docket. A pre-trial has also not taken place yet.

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