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Doctor-Patient Privilege Blocks Murder Case Evidence
2 Aug
Summary
- Court ruled hospital confession inadmissible due to doctor-patient confidentiality.
- Body camera and surveillance footage of accused was excluded.
- Newborn was found deceased in a hospital trash can in 2023.
In a significant ruling, the New Mexico Supreme Court determined that crucial evidence against Alexee Trevizo, charged in the death of her newborn, cannot be used in court. The court unanimously upheld that statements made by Trevizo in her hospital room, including her confession about placing the baby in a trash can, are protected by doctor-patient confidentiality. This decision bars prosecutors from using body camera footage and surveillance video that captured these admissions.
The ruling stems from Trevizo's January 2023 hospital visit for severe back pain, where she eventually gave birth in a hospital bathroom. Hospital staff discovered the deceased newborn in a trash bag, leading to Trevizo's arrest and charges of first-degree murder. Prosecutors had argued her confession was not made directly to police, but the court found her medical condition and the circumstances of the disclosure invalidated any waiver of her privilege.
The Fifth Judicial District Court's initial decision to exclude the evidence was affirmed. This means the confession, made after a doctor discussed Trevizo's condition with officers present, will not be admissible at trial. Trevizo, now 22, has maintained the child was stillborn.
