Video of cheerleader’s confession CAN’T be used against her in trial

Damning police body camera footage that shows a former high school cheerleader apparently confessing to dumping her newborn in a hospital trash bag cannot be used as evidence against her.

Alexee Trevizo, now 22, gave birth to a son in a bathroom at the Artesia General Hospital in New Mexico on January 27, 2023, before putting his body in a trashcan, police have claimed.

She arrived at the hospital that day complaining of ‘back pain,’ and was caught on surveillance footage running into the bathroom where the newborn was found.

When the doctor treating Trevizo then confronted her about the discovery, she told the physician, ‘I’m sorry, it came out of me. I didn’t know what to do,’ police-worn body camera footage showed.

The then-high schooler then went on to claim that the baby showed ‘no movement, no breathing, nothing.’

But prosecutors will not be allowed to use either of those videos against Trevizo, as the New Mexico Supreme Court ruled on Thursday that the statements she made and her actions at the hospital are protected under doctor-patient confidentiality.

As a result, prosecutors will now have to rebuild their case against Trevizo, who stands charged with first-degree murder in the newborn’s death.

Prosecutors will not be allowed to use police body camera footage showing Alexee Trevizo allegedly confessing to throwing her newborn in a trash can at the Artesia General Hospital in New Mexico at her murder trial

Trevizo, then 19, was caught on camera running into the bathroom where the newborn was found, but that footage also will not be allowed at the trial

Trevizo has long maintained that she did not know she was pregnant when she sought treatment for back pain at Artesia General Hospital in January 2023.

The then-19-year-old was then given multiple medications, including morphine, for the pain, the opinion from the New Mexico Supreme Court notes.

Then, at around 2am, she allegedly told nurses that she needed to use the restroom, and was filmed by hospital surveillance cameras running down the hall, clutching at her behind.

After locking herself in the bathroom, prosecutors said she gave birth to the full-term baby boy, separating the umbilical cord in a way that nurses said resembled how an animal might tear it.

Trevizo then allegedly wrapped the boy in a plastic bag and put him in the trash, before emerging calmly to make her way back to her room.

When she was later asked by one nurse in the hallway about all the blood in the room, she said it was ‘her period.’

But when a member of the hospital’s cleaning crew later went to clean the bathroom, she said the trash bag felt ‘heavy’ so she looked inside and discovered the body of a newborn baby. 

Trevizo was then confronted by hospital staff about the discovery, with two armed Artesia police officers in tow.

Police body cam footage caught the moment Dr Heather Vaskas informed Trevizo and her mother that they had found a newborn baby in the bathroom

As the officers then stood in the doorway of Trevizo’s hospital room, their body worn cameras filmed Dr Heather Vaskas and a charge nurse questioning the teenager and her mother, Rosa Rodriguez, about the newborn.

When the nurse then mentioned that the baby appeared to be ‘full-term,’ Trevizo insisted, ‘Nothing was crying.’

At that point, Rodriguez asked her daughter: ‘Where did you put the baby at? Tell me the truth, you put it in the bag.’

Trevizo could then be seen confirming that she did place the baby in the bag, to which her mother asked her to clarify ‘what bag.’

‘The trash bag,’ Trevizo responds. 

It was only after Trevizo made those remarks that the doctor informed her that the police would be investigating the incident. 

The teen was ultimately allowed to leave the hospital, but was taken into custody months later, after an autopsy report showed that the child had air in his lungs and that there was evidence of a hemorrhage consistent with hypoxia.

Prosecutors have argued that the finding is inconsistent with the claim Trevizo allegedly made to hospital staff when she said the newborn was not crying.

Her defense attorneys, however, argued that hospital staff and city workers violated HIPAA laws by sharing her medical records and discussing the case.

Trevizo was arrested months later after an autopsy determined the newborn had air in his lungs

New Mexico Supreme Court justices unanimously agreed in their decision on Thursday as they rejected prosecutors’ arguments that the teen waived doctor-patient confidentiality because police officers and her mother were also in the hospital room.

‘The State’s argument urges us to adopt a per se rule that whenever a third person is present who is not necessary for care or treatment while a patient communicates with their doctor, a waiver of confidentiality takes place,’ Justice Michael Vigil wrote in the opinion.

‘We reject that argument as inconsistent with case law and the policy interests underlying the physician-patient privilege.’

The Court also found that Trevizo was in no condition to voluntarily waive her physician confidentiality rights because she had been administered narcotic medications, had just given birth and was experiencing life-threatening blood loss.

‘Despite her unresolved medical crisis, Dr Vaskas, without authorization, ambushed Defendant, bringing with her two armed officers who stood in the doorway of her hospital room,’ Vigil wrote.

‘Considering this sudden unauthorized disclosure, coupled with Defendant’s compromised medical condition, under the totality of the circumstances, we cannot conclude that Defendant’s waiver of her physician-patient privilege was voluntary.’ 

Justices further rejected prosecutors’ argument that because New Mexico state law requires medical professionals to report suspected child abuse, physician-patient privilege should not apply.

The justices instead found that the reporting requirement is limited to notifying authorities about suspected child abuse.

Once the mandatory report is then made, law enforcement ᴀssumes the responsibility for the investigation, while confidential medical communications remain privileged, the justices concluded. 

A court spokesperson confirmed to the Daily Mail the ruling only applies to prosecutor’s ability to use the footage in trial, and does not bar the media from using it. 

Trevizo is now facing first-degree murder charges in connection with the baby’s death

Videos taken on January 6, 2023 – three weeks before she gave birth – show Trevizo cheerleading with an enormous baby bump

Trevizo’s lawyers have previously claimed that she didn’t strangle the infant.

‘The fact is, she did not kill her baby. The testing [that was done] to determine that she did is so antiquated that it is medieval,’ they wrote in legal documents obtained by the Daily Mail

‘There was no strangulation. This is not a murder case.’

The lawyer also claimed that a toxicology report shows the baby had 0.19 nanograms of morphine in his system when he was born, and that he also tested positive for COVID-19, influenza A&B and SARS.

He maintained that Alexee did not know she was pregnant despite gaining weight and developing a bump that was clearly visible through her cheerleading clothes.

The Daily Mail has reached out to the Fifth Judicial District Attorney’s Office for comment.