Amicus Briefs Accepted by New Mexico Supreme Court

In early December, the New Mexico Supreme Court officially accepted Amicus Briefs from several outside parties in the case of Alexee Trevizo. These briefs will now be considered as the case is reviewed by the court.

Among the documents approved were submissions from Professor Ji Seon Song, the American Civil Liberties Union (ACLU) of New Mexico, and the National Police Accountability Project. Additionally, the American College of Obstetricians and Gynecologists also filed legal documents in the case.

Trevizo is facing first-degree murder and tampering with evidence charges after an autopsy determined the death of her newborn was a homicide. Following her arrest, questions arose regarding her privacy rights and whether healthcare providers and law enforcement acted appropriately in handling the situation.

On July 24, 2023, the Fifth Judicial District Court in New Mexico granted Trevizo’s motion to suppress certain evidence, including statements she allegedly made in the presence of hospital staff and police at Artesia General Hospital, as well as video footage. The ruling dismissed this evidence from being used in the case.

On July 5, 2024, District Attorney Dianna Luce filed an appeal, requesting that the New Mexico Supreme Court overturn the district court’s decision to suppress the evidence.

In response to the appeal, the ACLU of New Mexico raised concerns regarding the legality of law enforcement presence in emergency rooms, specifically questioning the actions of the police during the hospital interaction. The State of New Mexico countered, arguing that the case does not raise significant issues regarding the presence of law enforcement in such settings.

The trial for Trevizo, initially scheduled for August 26, 2024, has been removed from the docket, and no pre-trial date has yet been set, according to court documents.

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