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Alexee Trevizo
608 Plays11 months ago
This week on the Mothers of All Crime Podcast we are speaking all about Alexee Trevizo. This case is ongoing and trial has yet to take place. A deceased baby was found in a hopsital trash can. The "mother" claims that she had no idea she was pregnant until she gave birth to an alleged stillborn neonate. Hospital surveillance videos and police body cam footage have been ALL OVER tik tok and youtube. Krystal and Monica discuss the timeline of events leading up to the tragic demise of Alexee's infant. We debate the potential pitfalls in the medical care and initial police investigation. A wrongful death suit filed by an accused murder is controversial in itself. We were forced to reckon with HIPPA and Miranda laws. We are still left with many unanswered questions and are eagerly awaiting more information (and a part 2). Is Alexee a cold hearted pre-meditated killer? Why would someone intentionally commit infanticide inside the walls of safe haven hosptial? Did she know she was pregnant prior to her hospital admission? What punishment, if any, is really appropriate or likely in this case?
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May contain explicit language and unfounded accusations.
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Transcript
Introduction to the Podcast and Case
00:00:21
Speaker
Hello and welcome to the Mothers of All Crime. This is a podcast where we deep dive into mothers involved in infamous crimes and scandals. I'm Monica and this is Crystal.
Overview of Alexi Trevizo's Case
00:00:51
Speaker
This week on the mother of all crimes, we're going to be talking about Alexi Trevizo. This one is super like in the moment too. I feel like there's constantly updates going on, which will be kind of fun to go through something that's very new. Oh, I know. And like the trial hasn't happened yet. But I feel like there's so many things to discuss. And I think it would be really interesting to revisit it during or after the trial and see if our opinions from today have changed by new evidence. Absolutely. Because the trial will be up in a couple of months. right And still fresh, I think, with everybody's memory. So we'll be able to come back and whatever your opinions are, our opinions are, we'll see if we end up being right.
00:01:41
Speaker
but let's go back to the beginning.
Alexi's Medical History and ER Visit
00:01:44
Speaker
Who is Alexi? So Alexi is a average cheerleader from New Mexico. She goes to college, she has a boyfriend, she lives with her mom, and she has a history of chronic back and hip pain. And on January 27th, 2023,
00:02:11
Speaker
her mother Rosa Rodriguez brought her to an emergency room because of the back pain that she was having and abdominal pain. and Yeah and once she was there 20 minutes into being there they were giving her a couple medications two of which I'm gonna have you pronounce um other than morphine. So basically they gave her Tylenol And another type of painkiller, like it was all it was all in the painkiller family, but like the acetaminophen is Tylenol. I'm sorry. that a trin autoceta tri I'm definitely pronouncing that wrong. And then another one that I found that they gave her was ceterolic.
00:03:01
Speaker
Don't know what either of those are, but I am not. anywhere related to medical, I know Motrin and morphine, which is some of the ones that I saw. I think the only one that's going to end up being relevant for the discussion is the morphine. So she was given generic like over the counter painkillers, she's given antibiotics, harmless things that she was given for someone who's experiencing back pain because that's what she was admitted under that diagnosis of acute back pain.
00:03:33
Speaker
Right, and when she came in, they gave no other information other than, I have back pain. To the hospital's knowledge, she had no other issues, no history of anything. It was just history of pain. This is the current pain I have, and that's what they treated. Exactly. And I saw in a later interview of her mother that, who is Rosa, who is a very big player in all of this, Rosa said that Alexei has always had back and hip issues due to a beating that Rosa endured during Alexei's pregnancy. She said that she was born premature and that she's always had issues with her spine as a result of domestic violence when she was in utero.
00:04:19
Speaker
So Alexi was a preemie. She's always had issues with pain. This is not new for them to be dealing with something like this. And they regularly go to chiropractors to try to manage this back pain issue that Alexi has. Even though she doesn't have scoliosis, she's very high functioning. Like I said, she does cheerleading, which is very intense as a sport. um But she has these bouts of back pain. Yeah.
Age and Treatment Considerations
00:04:47
Speaker
And I think it's important to note she's 19 too. So she is what I didn't realize that she was 19, which is technically an adult. And a lot of when you start looking her up, it's teenager, teenager. I think it's important to recognize she is an adult. She is 19. This is not a 14 year old we're talking about, particularly as we start getting into things.
00:05:09
Speaker
And I think that's something that was forgotten by a lot of the professionals involved, law enforcement and medical. They kept presuming that she was a minor and deferring a lot of things to her guardian, but she's 19 years old. She's not incapacitated. She's not disabled. She does not have a guardian. She's just an adult. Yeah. So and i will I agree. That's a huge distinction. It's a huge thing. And I will say most 19 year olds do are a little immature. And particularly when you have your mother there, they kind of step into that parent role, even if you are an adult. So I think it's, I'm not surprised that they started doing that personally. Yeah, I think that it kind of infantilizes the patient if their mother is with them.
00:06:00
Speaker
it to a degree where you kind of are like, well, what does mom think? Mom, do you you know, can we get some history from mom? And I work with patients of all different ages. And definitely when people are, especially young teenagers, 14, 15 year old, they often don't know their complete medical history. So you are looking at their parents for this information. Um, and so I think that's some of it's understandable, but it also, it's a very big difference between 17 to 19 legally. Yes. Oh, a hundred percent. And so as they were in the hospital, they were there for honestly, not a huge amount of time. I feel not a huge amount of time. I have particularly for an ER.
00:06:49
Speaker
right yes because they got admitted right before midnight to the ER it was like 11 50 pm so everything that we're going to talk about subsequently is in the very early out hours of the morning which i do think makes a difference staffing and just a bunch of things this is in the middle of the night um so we could talk about You know, the initial time that Alexi is there, she is in pain. She's receiving multiple medications. Her mother is with her throughout. She is only expressing things about her back pain and hip pain to the providers. Um, but they did run a lot of other tests and in hospital systems like this one and like the one that I work for, the records are electronic and are updated automatically.
00:07:44
Speaker
So, yeah, sorry, I'm talking a lot. No, you're good with it. I think it's important for... you to take up more of this because again, you work in the medical field for people who are new to us. I work more on criminal justice and this is a case that really blends the two of us together. It really does. Because I have a civilian perspective of the, you go to the hospital, they take the labs, you tell them what's wrong, they treat that and like they kind of go from there unless you say, hey, this other thing is bothering me.
00:08:18
Speaker
particularly in like a hospital setting, they're there to do what you were telling them is the issue, I feel, versus, I don't know what's wrong. And then they'll start running all these other tests. So they did run their labs at like 1250. And to me, that's very standard. Like you go in, they take some blood and they go off. Like, I don't know. Yes, it's very standard. And there is one test that No matter what your symptoms are, if you're a female between a certain age range, they're going to run a test for HCG, which is the pregnancy hormone. And that test was of course run on a 19 year old. And in the electronic records for the hospital at 1251 AM, it showed a positive pregnancy test.
00:09:16
Speaker
Yeah. And something that's going to be very, very important going forward is that this information was not related to Alexi. She was not told this by any staff at the hospital. At that point. Well, here's my first instinct is obviously you have cases that come in, the lab work gets ran, it gets put into the system. It doesn't necessarily mean doctors or nurses or whoever's reviewing it is going to immediately see that. Like you're not the only person they're treating. So I think it's hard until we get into more things. But it came in at 1251. Nobody told Lexi yet. And she's just kind of sitting there doing her thing, which feels normal from an outside viewpoint, I feel at first. It, it does
00:10:11
Speaker
with one exception and that exception is going to become very significant throughout the rest of what we're going to talk about is that no one communicated that to her while she's actively getting morphine because she was on a morphine drip right and that is something that's going to come up um and it potentially has big consequences and it's not something that's so it's it is sometimes used in the treatment of pregnant people definitely during labor it sometimes is used during c-sections or epidural sometimes morphine is part of the cocktail um but in early pregnancy
00:11:01
Speaker
you're not really supposed to use morphine. And then a pregnancy test, like the one that they did, doesn't show you how far along a person is. It just shows that they are positive or negative for HCG. So on the providers, just to play devil's advocate, she could have been very early pregnant and you they are The providers are aware that she's pregnant. Lexi may or may not be aware, but she also may or may not be aware of the contraindications of morphine use in early pregnancy, and no one has explained the risks and benefits of this current treatment.
00:11:44
Speaker
And I watched a lot of interviews of staff of this hospital in, you know, later times. And they definitely did look at the lab work. It's just there was no physician that was available to give this information to Alexi. So it was nurses, it was CNAs. It was, you know, there were doctors that were there. But like you said, she is not the only patient on the floor. There's not that much time passing. I think anyone that's been in an emergency room knows that time can really slip away from you. And sometimes you're waiting
Discovery of Newborn and Legal Complexities
00:12:19
Speaker
for hours and hours for very basic information. So it's not crazy to me that an hour could pass without this being communicated to her. But I do think that it's important. Yeah. That morphine is not recommended.
00:12:34
Speaker
in pregnancy. Oh, sure. Yeah, absolutely. um So obviously, at this point, no one had informed her of any of this information. And she went to the bathroom between somewhere between like one 30 and two o'clock in the morning. And on her own came back. And so I have an exact timeline of that if we want to do yeah for the exact times. Yeah. um Because I do think it's um i think it's significant for this, for how long she was in the bathroom. And it's also important that this was not a private bathroom that was just in her exam room. This was in the hallway of the emergency room. And there is a video, because there's a lot of footage that has been released, body cam footage and security camera footage from the hospital, from the police officers that's been released and is available on YouTube.
00:13:30
Speaker
there's arguments of whether or not that's really okay that that information has been released at all. But it has been and I've watched all of it because I was obsessed with this case when it happened and I guess still am a little bit. um So I have a timeline and at 11 I'm sorry 139 a.m. That's when you can see on the footage Alexei waddling running to the bathroom and holding her butt as she runs to the bathroom. She locks the door. She's in there alone. There's obviously no camera in the bathroom, which, of course. um And then one minute later at 1.40 a.m., Rosa, her mother, tried to check on Alexei. At 1.49 a.m., Rosa came back to try to check on Alexei.
00:14:20
Speaker
at 1.53 a.m and 1.54 and 1.55 and 1.56 different staff of the ER r were knocking on the door were asking Alexi if she was okay we're trying to see if she needed help and then at 1.57 a.m Alexi left the bathroom came back to the room and um She told people that she had her period, and that's why there was blood in the bathroom. That was the story that she initially came back with.
00:14:54
Speaker
um So significantly, there was a lot of blood found in the bathroom, and a after-hours housekeeper was called in to the floor, and at 2.08 a.m., Lila, the housekeeper, started cleaning the bathroom, And at 2.26 AM, Lila was taking out the trash and thought that the trash felt extremely heavy based on how, I guess, how heavy it usually is. And this is after cleaning the entire bathroom with bleach, with disinfectant, because there was blood all over the walls, all over the floor. There was a lot of blood on the toilet, on the trash can, around the trash can.
00:15:39
Speaker
So after Lila has cleaned all of this up, she goes to take the trash out, she pulls out a trash bag that's under the first trash bag, thinks it's heavy, opens it, discovers a lifeless body of a newborn baby, and alerts medical staff to her finding. So at 2.28 a.m., that infant, neonate, is taken in for an exam and then pronounced dead. There was no signs of life. The core temperature was 95 degrees. There was no ability to resuscitate the infant. There was no signs of life. um But this obviously changes everything for the staff that's caring for Alexi.
00:16:27
Speaker
Yeah, which is I can't imagine being that cleaning lady just witnessing that because obviously they're not they work in a hospital setting, but they're not emergency personnel and that's going to be really difficult for someone who isn't, I want to say, I don't want to get used to it, but that's going to be really traumatic. And at this point, obviously the local police department in New Mexico was called in and the investigation started.
00:17:01
Speaker
Yes and I think that this is where I'm really gonna need your expertise along the way because it starts, didn't start to get kind of muddled for me about what the proper way to handle this situation and I definitely feel for Lila the housekeeper I don't think she's ever been in a situation like this and I watch interviews that she gave to the police and I i think that this was very upsetting for her of course I think I mean, the staff at the hospital, these are people who work in an emergency room, they were all saying they've never dealt with something like this before either. This is a very, very unique situation. And it is worth mentioning, as we have on previous episodes, that this hospital and this state, which is New Mexico, has safe haven laws and infants can and are surrendered at birth to this facility with no questions asked.
00:18:00
Speaker
CNA and RN, both of them mentioned it during interviews that if she had shown up, if she had handed a baby to someone, she could have just left. There would have been no investigation. There would have been nothing further. She would have just been able to walk away. So I think that that, you know, it's important to mention, but we could talk about how the police arrived. and what they proceeded to do and how they proceeded to handle things. But I do think it's significant. So I will disclose that I am not a police officer. I've never worked in New Mexico. So obviously things are a little different in every state. But at the end of the day, she is an adult and she can be questioned alone.
00:18:49
Speaker
But from everything I saw, never once was she fully alone during any questioning by law enforcement, nor was she originally read any kind of Miranda when the police arrived and started talking to her. um yeah and But here's the thing, you don't need to be given Miranda unless you are under arrest. So you have a police officer coming in, he's talking to her as a person of interest because you know they're putting little dots together and just having conversations. At no point, in my opinion, would they, in the moment, have thought to read her Miranda because she wasn't under arrest. She was just someone that they were talking to and inquiring about what was happening. Because at this point, technically, they didn't know the baby belonged to Alexi yet.
00:19:49
Speaker
right I mean, there's a bunch of reasons that they may have not read her Miranda. And they said, I watched a lot of the body cam footage, some of it's very boring. And it's just the cops drinking a lot of coffee, and it's hard to get through. But I did sit through it and watched a lot of it. um And they speak to her initially with one of the attending physicians, the physician explains the situation to her, the police are there, her mother is there. And they tell her that she is not under arrest, but that she is not free to leave either. And the reason that they give initially is that she's not stable medically and that the primary
00:20:35
Speaker
focus right now has to be her medical state and making sure that she is okay physically because Alexei is bleeding heavily, which also needs to be mentioned.
Legal Procedures and Rights Issues
00:20:46
Speaker
And so she's making statements to the police. She's making statements to her mother. She's speaking to healthcare care professionals, but she is both hemorrhaging as this is going on. So she's not medically stable. um So I think that they were in a very precarious situation and almost unprecedented prince unprecedented situation. And they did not read her her Miranda at any point that she was at the first facility. So I'm not sure I think it probably would have been better evidentiary if they had read her her Miranda rates, but I think it also
00:21:23
Speaker
it kind of changes the night dynamic when you're speaking to a patient, a suspect, to read them their Miranda rights. It puts everybody on guard. It changes the situation. And I think that they didn't want to scare her because they just wanted to understand what happened and they weren't even sure that a crime had happened initially. Oh, sure. And then also consider the fact of If she is knowingly aware, one of your Miranda rights is that you have a right to an attorney and you do not have to talk to the police. You're welcome to your right to remain silent because at the end of the day, what can will be used against you. And if you say that to every single person you talk to in law enforcement, you're going to be saying that 900 times a day and and you're going to get it nowhere. And I also hate to say it like,
00:22:16
Speaker
99% of criminals, the reason they get caught is because they're not very smart.
00:22:23
Speaker
And most of the time you could be talking to them and they're just going to tell you what happened. They're going to brag or they'll slip up or whatever the case is. But why would you prevent that when you have a fluid conversation happening? Because a lot of them also think, Oh, I totally got away with it. There's no way they knew. And then they totally do. So, I don't know. I just, looking at it from after the fact, it would be very helpful if they did. But in the moment, I, from all the footage I've seen of this case and other cases, I don't think any other cop would do any different. Yeah, I am, I am not blaming the officers that arrived on scene. I think that they were very
00:23:11
Speaker
nice and understanding when they were speaking with Alexei. I think also without an autopsy, without a cause of death, it's very unclear about the extent of a crime that has been committed here. So it's it's a tricky gray situation, but her her rights were certainly not read to her. And then there's also a question of was her medical privacy violated? Should any of this been have been spoken about initially in front of her mother? Should the police have been there when the doctors were first speaking to her? It's a very blurry line when it becomes a crime and a medical situation at the same time. sure Which of these things takes priority? Who was supposed to relay this information to Alexei?
00:24:05
Speaker
is her mother supposed to be immediately kicked out of the room? Well, I think before even any of that were to come up, they first had to establish that the baby did belong to her. They had to establish her stability from a health perspective. Because like you said, she was hemorrhaging and having all these other issues that regardless if they knew it was a crime right then and there. They can't do anything if she is unable to defend herself because one of the rights that you have in our criminal justice system is you have to be able to aid in your own defense. If you are not competent or not healthy enough, that's a problem. So they are absolutely going to make sure that she is
00:24:58
Speaker
I don't want to say like back to one piece, um but also start talking to her and trying to figure out what had happened. Did you panic? Did you not know? Did you know when you didn't want it? Like what happened? um And she had multiple stories as well as her mom, I feel, when it came to her knowledge of being pregnant to begin with.
00:25:27
Speaker
Yes, I also think... Man, it's so tricky. It's so tricky and so easy to, in hindsight, say exactly what I think the officers and the doctors should have done in these situations, but I do understand that they had a lot less information than I do now to make those decisions and they were coming in cold to a very unusual situation. um I think it would have been better though, to separate Alexi from her mother. She is an adult. And I think it probably also would have been better to have one of the positions speak with her alone for her medical sanity reasons. But also, I don't know. It's it's very difficult. I'm not sure that there was really a perfect way to handle something like this. Oh, absolutely.
00:26:24
Speaker
But in keep in mind during this entire thing, Alexei's claiming that she just had her period and that's why she was bleeding. She claims that she didn't know she was pregnant. Her mother says that she was completely unaware she was pregnant, which I think doesn't even matter because at that age, if you are pregnant, a lot of people don't necessarily, and not married, not planned, whatever the case is, you probably don't want to tell your mother that you're pregnant and not deal with that. So her mom, not claiming she doesn't know, to me doesn't matter. Um, but Alexi was very adamant at the beginning that she didn't know she was pregnant at all. Yes. It's actually even beyond that because before the discovery of the baby in the trash can,
00:27:15
Speaker
The blood was noticed and nursing staff was speaking to her about because prior to going in the bathroom, the pregnancy test results were not revealed to Alexei. But after she left the bathroom, they saw the blood and she came back to the room. They did tell her that the test was positive and that she may have experienced a miscarriage in the bathroom. And maybe that's why she was bleeding so heavily. And they were explaining to her that she was going to need a pelvic exam. And she was saying in front of her mother that she was still a virgin and that was impossible. Immaculate conception. Immaculate conception. Yeah. And so as the conversations keep going, eventually Alexi, it's put together that is her baby. And she claims that the baby was stillborn and
00:28:10
Speaker
that's why she just it it was dead already so it doesn't matter she did say that she said it wasn't crying and that she put it in the trash she panicked she didn't know what to do which well i mean i do want to talk about the autopsy is this where we want to discuss right so at that point obviously no arrests can be made because they were kind of waiting for that autopsy. So the baby was brought, at that point she kind of was allowed to return home. She started kind of going back to her regular life for the most part. So initially she was life flighted to another hospital.
00:28:57
Speaker
that had an obstetrics team because she was hemorrhaging
Autopsy Results and Investigation Details
00:29:01
Speaker
so much. So that also, to me, makes the officer's behavior ah make a lot more sense. Like if someone is so critical that they literally need to take a helicopter to a better facility, they probably are not okay to be questioned, to be Mirandized, to be arrested. It makes sense to detain her with the situation that's happening. I don't know if it's appropriate to arrest her at that point. But she was kind of critical to necessitate a life flight. um Because it's a huge expense. It's a huge ordeal to orchestrate. And I do think that her bleeding was significant enough that they thought it warranted it. so But she was released home after she was admitted to the other facility. um But yeah, the autopsy came back fairly quickly. And I do have it in front of me. Came back on March 28.
00:29:54
Speaker
let me Let me pull that up right here. I mean, some of it's blacked out, but you can get the gist of it. And I work in perinatology, so I work with fetuses all the time who become neonates, obviously. um But I think that the important things from the autopsy is that this was a completely normal full-term infant. This baby had no signs of any kind of genetic abnormalities, of any kind of disease, any kind of, it wasn't even premature. There was nothing wrong with this kid at all. There was air in the lungs, there was air in the stomach, which to me and to the people doing the autopsy and to most medical providers means that the baby took at least one breath.
00:30:43
Speaker
but Yeah, there was morphine and a weight loss drug called Fentermine discovered in the baby's bloodstream, which the theory is that it crossed the placenta from Alexei because she had been taking weight loss pills and she was on an IV drip from morphine. Whether or not those things were contributing factors in the ultimate demise of this baby I mean, no one's ever determined that, but both of those drugs are contraindicated in pregnancy and do have potential harmful effects to fetuses. So it is significant as a finding, but cause of death has been ruled as asphyxiation, basically that it's suffocated. Which then led to the classification of it becoming a homicide. Yes. Yes.
00:31:41
Speaker
And that to me is where, not that I had a lot of sympathy for her to begin with, because you're literally sitting in a hospital. I know. But this is where I think she lost a lot of people. Where even though as like a human being, you're like, this is a baby that you're giving birth to. But they go, okay, well, she is young and she could have panicked. like I think her age definitely helped that, which is why a lot of the time in the media it's teenager did this. um But I think the minute that people found out after the autopsy that this baby was to term this baby wasn't sick. This baby was alive. I think that's when everyone kind of turned it personally. Yes. And the placenta was not found. The theory is that she flushed it down the toilet.
00:32:41
Speaker
And anyone that knows how like fetal development works know that the baby is attached to the placenta by an umbilical cord. And just to be super graphic for a minute, the umbilical cord stump that was attached to the baby had been shredded, essentially. And people, I mean, the descriptions of it are horrifying, but it appeared that it had been ripped I even saw one theory that maybe she had bitten it to separate it. That's the theory I'm going with just because, first of all, how is this girl giving birth, A, so quickly, B, how is everyone breaking down the door? She is alone in a bathroom. For 18 minutes. For 18 minutes. For 18 minutes that are pretty quiet during birth. We have some episodes coming up talking about certain people.
00:33:41
Speaker
but it's one of those like nine times out of ten don't again not a medical professional but i can't imagine you're just like calmly sitting there like like it sounds so painful how is nobody like breaking down the door during this i mean it does seem crazy fast to give birth but it also seems like a very long time to be alone in a bathroom in the emergency room the staff was threatening to break down the door though and that or to get a key to unlock the door. And that's when she ultimately came out of the bathroom.
00:34:15
Speaker
right um
00:34:19
Speaker
but Because there's also a question of Should she even have been allowed to go to the bathroom alone? I've seen that a bunch of places. Like, oh, it's a pregnant patient who is in a lot of pain, unknown gestational age. She should have been escorted to the bathroom, never left alone. Well, her that was one question I wanted to ask you is because in my personal experience, I have never been pregnant, but I've been to the ER a lot. i was a I like to get hurt, apparently, as a little kid playing all my sports, so I was very familiar. But now yeah even now, still love to do a little check-in. But as long as you're not in for certain things, you can typically go to the bathroom by yourself, as long as like you're able to. I've had people walk out of the room, they'll be like, do you need help? You go, no, I'm good. And you just kind of go, well, isn't abnormal.
00:35:19
Speaker
but yeah in all lot of time they don't know 90% of the staff don't know she's pregnant. Only the couple people that might have read that report at this time. So I don't think it's really fair to be like her attorney was one of the ones that kind of started that is that you should never let a pregnant woman go to the bathroom by herself in case she miscarries or she starts to have birth. And he claims it's common knowledge. I don't think that's common knowledge. I have a feeling that's a thing. It's not a thing. It's definitely not a thing. And I will say though, Gary Mitchell, her defense attorney, he is excellent. Oh, he's phenomenal. I think he's very convincing. He's very compelling. I think he's very well spoken. I commend him on his word prowess, but obviously he's not an obstetrician. He's nothing like that. He is just
00:36:14
Speaker
he's trying to make an argument, and I understand where he's coming from. But I think that what he doesn't want to acknowledge, which is what we do at my practice and at most obstetrical places that I've worked, is that there is a nurse call cord in the bathroom. Correct. If you're having a problem, you can literally pull a cord and it sets off a light, it sets off an alarm, and people will come running. Like we have those in all of the bathrooms where I work. And it's like that in most emergency rooms, including where Lexi was. There was every intrusive thought I've ever had my whole life sees those and go, I really want to pull it. hate okay because i do Well, if you do pull it. Like, because as a kid, you look at it and go, I wonder if it works. I wonder how fast they'll come. But everybody knows, particularly by 19, that if you pull it, what happens?
00:37:14
Speaker
If you were it will go off and her alarm will sound. Right. So she has the ability to do something. And she did a lot of them say, if you need help pull this cord or something similar. emergency alarm like they say things like that they try to make it idiot proof and she also could have literally opened the door and screamed because she is in an emergency room i don't think you even would have had to open the door just yeah scream someone's coming i promise she was also checked on multiple times her mother came to the door twice the staff were there persistently for over four minutes trying to get
00:37:58
Speaker
confirmation from her that she was okay, and they didn't need to unlock the door from the outside. She was not really alone. She was just in private. She was in to keep herself removed. Yeah. And that is also like, because I do feel like I can find a lot of empathy and sympathy for people who are in tough situations that don't know they're pregnant, that give birth at home, that panic, that there are all kinds of circumstances that I could short all day long defend. You are in the emergency room. It's very hard to defend this. Gary Mitchell is doing a great job. I'm glad I don't have to do it because it is truly, truly incomprehensible to me.
00:38:50
Speaker
And I think that she just really thought that nobody was gonna look in the garbage. And if Lila did not take the extra five seconds to investigate why the bag was so heavy, they would have just thought that Alexi miscarried in the bathroom. It would have explained everything. It would have explained the positive pregnancy test, all the blood, all the pain she was having. Oh my goodness, what a tragedy. That's so sad that you had a miscarriage. And well, I think that was exactly her plan and it didn't work out. yeah I think that was a hundred percent her plan. Um, I think that was her motivation to even going to the hospital to begin with. I think she fully knew she was pregnant in and how, cause if you just dispose of it in a normal trash can, it's more likely to be seen versus if you try to do an angle like this.
00:39:47
Speaker
You have people backing up. Oh, cause she, her mom doesn't know. She doesn't want mom to know. And then you can claim whatever on how the baby was conceived. Were you attacked? oh Oh, you know what mom, I was attacked. I didn't want to tell you. And then this happened and I didn't want to deal with it cause I was just so traumatized. Like she could have played a huge story and got away with it completely. I think the premeditation is a major factor in this case. And the argument really is just when does it start? When did the premeditation start? Did it start in the bathroom or did it start prior to the bathroom? Because to me that makes a huge difference. I could understand you are in a
00:40:37
Speaker
completely feral state in full on transition. You are an active labor, you're 19 years old, you're maybe you're having pain meds, but you have not had an epidural. This girl had not been through something like this before. And for her to just give birth to a baby, assume it's dead and throw it in the trash
00:41:02
Speaker
To think that she went to the hospital with the plan of doing that, it's a level of forethought and execution. I don't know that this girl's capable of. But maybe she snowed me, too, because I think she's very manipulative. Oh, absolutely. And I think that to her mom, she wants to play. She's very innocent. But I know that she lied to her mom multiple times because I watched it on camera. Right.
00:41:33
Speaker
she's a liar. So it's very hard to believe anything that she says. Yeah. So obviously after the autopsy came back, um, formal charges were filed and she was placed under arrest and charged with first degree murder, which in New Mexico classifies for, uh, child abuse resulting in death and tampering with evidence.
Arrest and Charges Against Alexi Trevizo
00:41:58
Speaker
And she was arrested and charged on May 10th of last year. yes Yes. And then she was given the opportunity to get bail and is now out on bail on a $100,000 unsecured bond. so Which isn't super abnormal. She doesn't have a criminal history. She doesn't have all these issues. She does have ties to the community. She's not a huge white risk. She's 19, has no resources.
00:42:31
Speaker
So I wasn't super surprised that that happened. um Yeah, me either. It honestly, considering her family financial status as well, 100,000 is pretty decent. And it is proportional. um I think some people have a hard time considering the charges and considering what she did. But also She's not going to flee. Like it's a way too public at this point, but also she doesn't really have the means to do so. So I think it's, I think it's all right. There's also a huge, you know, weighing of public safety that happens with setting bond. And if she had gone into someone's home or into a hospital and killed someone else's baby,
00:43:21
Speaker
she would probably be being held without bond because she would be a risk to the community, to the safety of others. But right now she's really only viewed as a danger to her own offspring, babe not happeninging and potentially herself. But is that really like the court's problem? And she wasn't Yeah, I mean, her psychopaths have not prompted anyone to hold her. She's not been on any psychiatric holds. So, and she's now medically stable. She's not really a threat to the community in a traditional sense. So there may not be a huge benefit to keeping her in jail awaiting trial, especially since it is a lengthy wait time and preparation and it keeps getting pushed back.
00:44:14
Speaker
I mean, she would have been held without, if she was held without bail, she would have been incarcerated for over a year at this point. And instead she's home, she's attending college classes. Oh, don't forget, she went to prom.
00:44:33
Speaker
She got released and went to prom. But either way, like this was after they had, I think so Oh, let's see if I can, I wrote down what the class was. She was 19, I thought she was already in college. She wasn't attending college classes, but she did attend her high school prompt. She was in high school during this time because she was actually planning to walk in graduation and the school asked her not to due to the pending charges and the circumstance that she was involved with. There's photos of her,
00:45:13
Speaker
smiling happy with her prom date, getting ready to go to prom, which is, first of all, who in their right mind is like, yes, my prom date is it being investigated for murdering her infant, but I'm still going to take her to prom? I saw those pictures and I thought that they were for like a ah college formal because she was 19 when this happened. I think she'd already graduated from high school. She goes to like La Cruces, like she goes to a big university in New Mexico and the guy in the picture is her current boyfriend. They're still together. That was the guy that was the father of the neonate
00:45:58
Speaker
they are still to this day together. There are pictures of them from April of 2024. And yeah, Devin is his name, Devin Ferriero. And he says he had no idea she was pregnant. Which I guess, but I feel like in his defense, that's probably true. Because if she was hiding it from everybody, without her telling him, poor kid Granted, she could show and might look like it, but the poor kid, how would he know?
00:46:32
Speaker
I guess, but like he's the only one seeing her naked and I looked at pictures of her from a month or two prior to delivering the baby and she looks visibly pregnant. like Her and her cheerleading outfits and stuff. like I don't know. Maybe they weren't having sex for a few months. Maybe they were only having sex occasionally. Maybe it wasn't an everyday thing. and So he didn't see her naked or he didn't touch her body naked. But I mean, there's one thing to be said. She also was on weight loss drugs. So it wouldn't shock me if he knew about that. Because there were people asking her if she was pregnant and she was just saying that she's gaining a lot of weight all in her stomach. And so maybe he didn't push it. Right. Maybe like, okay, she's uncomfortable, buth blah, blah, blah.
00:47:24
Speaker
but i could see it and also high school boys are stupid but never when you have a small frame a small athletic frame and you're nine months pregnant It doesn't look like you're fat. It looks very different from that. And she really only gained weight in her belly in a very outward fashion. And at nine months, like I see pregnant bellies every single day. And it's if he was seeing her in any state of undress, it may it makes no sense to me that he would not have known. But maybe he wasn't.
00:48:06
Speaker
I mean, I don't know. he He has been very adamant the whole time that he had no idea and Alexi had no idea.
Defense Claims and Legal Strategies
00:48:13
Speaker
Which you have to, considering the circumstance, you have to decline it. You have to deny, deny, deny. Otherwise her entire image she's been trying to try or even story falls shattering away. Granted in her defense, there is that one in 25 thousand percent chance that she didn't know that but that just seems a little incorrect. There is something called a cryptic pregnancy where people can go all the way up to full term without knowing that they are pregnant and I can think of an example that springs to mind very quickly for me. I had a patient
00:49:00
Speaker
who had bariatric surgery. She was morbidly obese, and she got a gastric bypass or sleeve. And over the course of a year, she lost more than 100 pounds. And prior to the surgery, she was not getting a period. She was told she was infertile. And during that year where she lost over 100 pounds, she became pregnant without her knowledge and delivered a baby
00:49:32
Speaker
at home. She went into labor, thought that she had some terrible stomach issue. She ended up calling 911 before even having the baby and then delivered the baby before the paramedics got there and was genuinely completely shocked. She had never gotten her period back after getting the bariatric surgery and was told that she was infertile and had lost over 100 pounds. So her body was getting smaller. And she literally had no idea that she was pregnant. She was going to doctors all the time. Oh, absolutely. Again, it happens, but it's such a weird case. It does, but it's very unusual. And that's what I think the entire point is. But for someone of her stature and her body type, it's even less believable. Right. I don't believe it.
00:50:25
Speaker
I was, I don't either, but I was able to get some, I finally found the information in my notes. She was in high school when this was happening originally. Um, she attended prom on April 22nd. So after the birth had happened, but before her arrest and then her high school did deny her the ability to walk at graduation. And after she was arrested is when the college classes came into conversation because she had been accepted to attend in-person school. She has since been taking online classes and the judge did approve her in August of 2023 to attend to those classes if she chose to. um And at that point a petition actually came out
00:51:18
Speaker
had 15,000 signatures almost immediately urging, um, NMSU to pull her admission and acceptance to the school. Because a lot of people had a very strong reaction to that. Yeah, for sure. I mean, I think it's probably very, very difficult for Alexei right now in the area that she lives in. I think that it's a small, like it's a big university, but the town and community that she lives in, I think she's very recognizable. I think people know, and it's probably brutal for her.
00:51:59
Speaker
Well, that's partially, I think, why they sent her to her grandparents. So she did spend the summer in Texas with her grandparents, which did have to be approved by the judge. um They went in front of the judge, asked for a condition release modification so that she could do that. And I think that's partially what it is, is to remove her from all of the media attention that was starting to come to this case. Because again, like even if it's a big university, word gets around. And sometimes that makes it even worse. Definitely. And that's also why there was such a big push for her to be kept in a special population or in isolation when she was in jail awaiting bail before that was all figured out. Because her mother, her lawyer, everybody was very worried that she would be attacked in jail. yeah She would have been 100%.
00:52:52
Speaker
it's a bit I don't only you think it was a question. It would have been a question of when. Exactly. I mean, she's not safe from the community. Right. In there or out here. so Another condition for her um release was she wasn't allowed to talk to her. The father of the baby boyfriend that did again also get modified. She was able to since then be able to talk to him. Since then, the attorney her attorney specifically has been doing a lot of work. um Like we mentioned earlier, this man is very good at his job. They found someone who is actually has the ability to probably have a chance of getting her off in my opinion. um Not only
00:53:40
Speaker
do other criminal charges filed against Alexi, but he has then also filed a civil suit against the hospital trying to blame the hospital for a wrongful death and negligence due to the medications that were used that could have been blamed for the baby's death. um and this is interesting but also not surprising because it casts that partial reasonable doubt all he needs to do is have reasonable doubt from the criminal case and with an open case against the hospital that does plant that seed particularly for a jury trial where you can blame the hospital he's not necessarily arguing her innocence he's arguing blame which i think was very smart on his part and there are
00:54:32
Speaker
There are multiple reasons that Gary Mitchell states the hospital could be at fault. And most of them boil down to the administering of those medications that we talked about earlier. In that they did not give Alexi the information that she needed to make an informed decision to consent to getting those medications, but also did it alter her state of mind to be on those medications. And was she in her right mind when she was in that bathroom or was she high on morphine essentially? Sure. And again, just reasonable doubt is all he needs. yeah um So obviously the media has gone crazy. um There's been a lot of video and things thus far been released to the media, which depends on who you ask.
00:55:29
Speaker
there in our modern society, there's a lot of public access. So you can request as a common person for it most body cam footage, you can request through legal needs, you have to submit a couple forms that you can get documentation of pretty much anything, which I think people forget. yeah I think some of it probably was leaked to do, don't get me wrong. But as a common person, if I really wanted something bad enough, there's ways to get it and reporters are going to do what they got to do. I think in a lot of these cases. So from here, like we had mentioned at the beginning, this case is ongoing. So we just recently got an update actually about one of the pretrial motions that the attorney put in for a suspension suppression, there we go, of evidence regarding her case.
00:56:28
Speaker
Do you want to tell us quickly what that is? So my understanding is that the video evidence cannot be used in trial. That that stuff is all out. So everything that she did and said on camera in the hospital cannot be used in her trial. Right. And then because of that fruit from a poisonous tree, anything that they got leading from that also is And it has been agreed to and given by the judge that all of that is out. Nothing can count. Um, and his argument was that doctors violated her patient confidentiality. Which I don't, I feel conflicted about. I do think that in an exam room, you should have privacy and I,
00:57:26
Speaker
should not have been able to watch the officers through a crack in the door, watch her get an ultrasound, watch her get these exams, watch her speak with her physician. I should not have been able to view those things and I did. um I think that there's a fine line and maybe it went over those fine lines but my issue and the thing that I should think should have been kept in is her walking to the bathroom. I really feel like that I don't think she should have had an expectation of privacy during that. That was not an exam room. That was just a hallway in the ER. I don't understand how you could have
00:58:11
Speaker
of right to privacy and in just the hallway, just walking around. My argument, I think, is how it happened was they got that in result of some of the other actions, which is how it all got tied together. um I think it... I agree with you not necessarily as much, like but at the same time, let's argue she was she wasn't really that helped, but what happens if she, because of that, went downhill instead. These officers needed the ability to have these conversations. God forbid that she was incapable of speaking for X amount of days. She went into a coma. They needed to hear some certain information. sure I personally put it on the doctor and not the police officers. That doctor walked into the room and started talking fully aware that those officers were standing there.
00:59:09
Speaker
Yes, I think she is the one that has that requirement for confidentiality. It's not on the police officers to be like, Oh, your doctor's talking. s Excuse us. Let us forget this combo BRB. It's on the doctor to look at them and be like, we're about to have a private conversation. Please step out. But this is also where that fine line between medical and criminal comes in. And I don't think there's a lot of situations where these things are happening simultaneously. But I think that this also would have been rectified if at that time the officers read her her Miranda rights. And I think that they had no reason not though. That's what's so hard.
00:59:51
Speaker
It's so hard, but I think that you could make the argument the same way for the doctors. Because I think at that time, everybody was just like, what happened? I don't understand what happened. And nobody was thinking about how this was going to look in a trial two years from now. Everybody is in crisis mode. And I think that if the doctor spoke to her alone, she's going to come out of that room. She can't tell the cops shit. She wouldn't really tell him anything. So then you have an unstable patient who needs to be life flighted. The doctors probably shouldn't have allowed the police officer to speak to her at all.
01:00:29
Speaker
Right. Yeah, I think it's 100%. I do agree with the attorney. But I don't think any of that stuff was somewhat responsible. I don't think any of that stuff would have been either in either way. I think the only way it could have been in is if she had been Mirandized and then everything she said could have been used against her. Because nothing she says to a doctor is going to be used against her. But the stuff that she said to her mother in front of the cops could have been used against her in court if they had Mirandized her. They could have used that even if they didn't Mirandize her. It's because the doctor was present. Right, but it because the doctor is present is the issue. She could have said it in front of a room full of people, but if the doctor wasn't there, they could have used every word of it. It's 100% because the doctor's presence gives that ability of confidentiality where your friends don't, your parents don't, your
01:01:26
Speaker
whoever, i I don't have any responsibility. to To the doctor's credit, you do not have a right to privacy in front of a third party. And she had a third party there, her mother. Right. And that's where- If you're getting implied consent for the physicians to speak to you in front of your mother, then it's a little gray. Yeah. And that's where I think the doctor thought it would have been fine because she wasn't alone with the patient. And again, that's where I don't think anyone would have done anything different. If you've changed out the people, think of the exact same thing would have happened. Um, but either way, all that got thrown out and her attorney didn't move for dismissal actually because of it. And he's arguing there's not enough evidence now. Yes. So it is whichever a jury trial in August. Um,
01:02:25
Speaker
The next pretrial is going to be in July of this year. um And it's going to be
Predictions and Potential Outcomes
01:02:33
Speaker
really interesting. do What do you think as of today is going to happen? Do you think it's going to go to trial or do you think it's going to get dismissed?
01:02:42
Speaker
That's a good question. So I don't think it will be dismissed. I think it will either go to trial or she will be offered a plea. I think there is a lot of evidence without the cameras and I think that it just comes down to the DNA and the autopsy and those things are not going to be thrown out and they can still provide a basic timeline of events not as well as we have today obviously but
01:03:19
Speaker
they could still provide what happened, who the people are, who the baby is. It's not arguable who the baby is and how the baby died. I guess you could argue how the baby died, but there is an autopsy which is used as evidence, and I think that the DNA proving who the mother of the baby was is also very good evidence. I think that it will be much harder for a jury that's never heard any of these things to slap a very hard punishment though on Alexi. So I think- Keep in mind that the punishment doesn't matter because at the end of the day, it's are you charged with the items? Because everything is kind of paired to what the charge is. Yeah. But I don't know if she will be convicted of first sugar degree murder, I guess is what I'm saying.
01:04:09
Speaker
I think it's hard to prove. I think it's going to be harder for a jury to look at this situation without the videos and say that this was a premeditated murder. Maybe manslaughter would be a second degree. Definitely tampering with evidence. I think that that conviction is almost guaranteed. I think that that one's really provable, but that's just not the big deal. Obviously the big Kahuna is the first degree murder charge, and I don't think she will be convicted of that. Maybe she'll plead out. Maybe there'll be a jury trial, but at this moment, I don't think she'll be convicted of first degree murder. How about you?
01:04:48
Speaker
Yeah, I would agree. I think her and this I don't necessarily agree because I don't think there's enough evidence. I think there are ways tactical ways that the prosecuting attorney could open the door without introducing the evidence through witnesses, through records, because all you need someone to do is bring it up. And then you have the ability to question certain things. ah But I think her attorney is very, very good. And I think he is aware of what's on the line. And if he doesn't get all of it thrown out, um, I think he'll end up with a plea, um, just because the prosecutor is going to have a hard time getting that full, uh, charge put through. But I don't think that the
01:05:45
Speaker
defense attorney is naive enough that you also don't know what a jury is going to do. This is a sensitive matter, but particularly with cases with kids, juries tend to be a lot more sympathetic toward the prosecution. And I could see him being like, listen, I got you out from life without possibility to three years. Like that's a huge difference. And I think she'll end up taking a plea.
01:06:16
Speaker
I think that if I was her attorney or I was the prosecutor, that's what I would think would be the best outcome at this point. I always kind of thought it was a stretch that she would be convicted of first degree murder, but definitely without the videos, I think it's gonna be really hard for a jury to conceptualize this the way that we are. um Also, I wanted to ask you what you think an appropriate judgment for her would be. Like, what do you think she should, you know, should she be offered a plea? What should she be convicted of? How much time, if any, should she serve? Well, that's where it's so hard. And anybody who has had conversations with me either on this podcast, you and I outside of it, or does anyone in my life, I have a hard time with sentencing as in general, simply because
01:07:13
Speaker
I don't always feel that the charges are the same. So for example, when you're being sentenced to first degree murder and you're, in this case, murdering an infant baby who never has a chance versus murdering your abusive husband, I have very different opinions. However, your sentence range is exactly the same. Yeah. for sure. So i I always have a really hard time because I think there's a lot of circumstances in law that you don't deserve to be put away for only five years or whatever it is for, but then there's other times I'm like, no, you should be locked up for the rest of your life. Like, and I think it's tough. Um, I think they're going to end up mandating her to counseling. I could definitely see them taking a
01:08:06
Speaker
a sanity approach if there is any history of mental health issues for her because that's not something that has come up. um I think he's using that in his back pocket. I think they're going to dig up some kind of mental health issues and she's going to go with an insanity plea. So I don't think she'll serve any jail time personally. But if you got to just solely decide. Oh, I did? Do knowing everything that I know or with the evidence that goes to court. You know everything you know right now and you are the judge and jury. What should happen? She'd be in jail for at least, I would do probably 25, which is the minimum. Um, because again, I look very harshly on people who hurt children. Um, and fair enough.
01:09:00
Speaker
I would probably have a very different opinion if this was an adult or even a teenager, which is really terrible to say. Um, but just given how does baby live for like, what, an hour? Not even like, we'll never know one breath, multiple breaths. I mean, did it suffer in the trash can? Well, I mean, we won't know. And that's where I think I go on the harsh side because you had every opportunity available to you to do something like you had mentioned earlier, safe haven, walk outside and go, I don't want it and walk away. so Yeah. Yeah.
01:09:38
Speaker
And I'm inclined to agree. I also think that's an appropriate punishment. I think this is first degree premeditated murder. I don't know if she knew about the pregnancy prior to going in the bathroom, but I agree. I don't think it really mattered because I think she figured it out. And once she figured it out, I could understand being panicked and not wanting to tell your mom, but you don't have to tell your mom. Right. all you had to do is when one of those nurses came by going, yes, come in. They come in and you book them and say, my mom is not allowed to know. they They'd say, hey, I need you to step out, blah, blah, blah, blah. Easy. I think that she was very young and immature and didn't realize her rights in that situation. But I mean, it I don't give her a lot of grace for that. I think that she had every opportunity to try to prevent this from happening. And I think she actively
01:10:36
Speaker
disposed of her baby that was alive and I think it's terrible to pretend that a baby is miscarried or stillborn when it's ah alive. I mean it's one of the more reprehensible things I could even think of. um Oh absolutely. I think Alexi is a manipulative monster and if she has mental health problems in the past or not I don't think it's super relevant it may be to a jury and maybe for plea deals and stuff. But yeah, that's the only situation I think this is I think this is first degree murder. I think she could do 2025 years. I do feel like she could be a danger to the public because I think anytime she was pushed into a corner, she would do whatever. She felt it was in her belt own best interest and I think that that is a person that's dangerous. Absolutely.
01:11:30
Speaker
Well, I can't wait until her trial slash plea because you know that the minute it happens, it's going to come out pretty quickly. And yeah either you're going to hear from us in July when her pre-child comes around or you'll hear us probably towards the end of the year as her trial concludes. So yeah we will chat soon about Miss Alexi. Okay. Have a great night. Any final thoughts? Oh, no, I think I'm good. Do you? Nope. That was it for me. All right. It was kind of cathartic. I know. Well, thank you. Thank you. And to our next topic. All right. Till the next one. All right. Bye.