LEA COUNTY, N.M. — We're just one week out from the Alexis Avila trial. Avila is the Hobbs mother who is accused of throwing her baby away in a dumpster.
Today in Judge Shoobridge's courtroom in Lovington, New Mexico, a hearing was held where the State of New Mexico was making a motion to exclude evidence and an expert to testify during the trial.
The expert the defense is wanting to call is Dr. Susan Cave, a clinical psychologist who evaluated Avila twice. The first evaluation was in May 2022 and the second was in February 2023.
The attorney representing the state in today's hearing, Alyssa Cervantes, mentioned that due to the untimely matter they received the witness's name and evidence, just last month, it would make it hard for the state to move forward in a concise, timely manner.
"We're asking the court to find that this not only was untimely, was not only clear violation of the rules, but it does prejudice the state and the court from moving forward in a concise, timely and prepared manner to conduct a meaningful trial next week," Cervantes said.
She also noted how the state believes Cave doesn't meet the qualifications to be an expert and give opinion in the trial, questioning what opinion the doctor would give.
"I'd argue she is not licensed or qualified to opine about how this defendants mental state impacted specific intent in this case," Cervantes said.
Today's hearing was the first time the state had the chance to speak with Cave. After she was sworn in and was questioned by the defense and state, the state noted that Cave's May report had limited sources of information.
They acknowledged the fact that Cave did not review the three hour interview between law enforcement and Avila after the offense was made.
The state then went on to note that before Cave made her May evaluation, she never looked at Avila's medical records. Instead, she relied on self reports from Avila and her mom. The evaluation was also done six months after the offense was made.
The state still has not received the report from the February 2023 evaluation, another problem they pointed out.
Once sworn in by the judge, Cave was first questioned by the defense. She gave her qualifications and mentioned how she did a psych evaluation on Avila in the Law Offices of the Public Defender in Hobbs.
Cave mentioned that she observed the way Avila acted, her demeanor, how she answered questions, and she even spoke with Avila's mom.
Cave went on to note that she believes Avila has a diagnosis of bipolar 1 disorder.
Dr. Cave also said that when she spoke with Avila during her evaluation, she claimed she didn't know she was pregnant, and found out the day before giving birth.
The doctor claimed Avila went into a dissociative state, or neurocognitive issues, since Avila told her she doesn't remember her actions that day.
The state questioned Cave on why she didn't watch the three hour interview law enforcement conducted with Avila the day of the offense.
They also wondered why Cave didn't follow up with the inconsistencies in the report, and questioned the confirmation of a bipolar diagnosis.
The defense closed their argument by stating they believe Cave is qualified and can be a reliable expert during the trial.
Judge Shoobridge concluded today's hearing by asking the defense to send Cave's report to his office.
The judge said he will have his written report by Monday.