The attorney defending a New Mexico teen accused of killing her newborn by leaving his body in a hospital bathroom tub has hit back at a petition to have her expelled from college.
Gary C. Mitchell, who will represent Alexee Trevizo, 19, at her upcoming murder trial, called the 20,000 strong petitions to kick the teen off the New Mexico State University campus as a “bunch of prejudicial bullshit.”
The “closed, prejudiced and biased” petition signatories, Mitchell told Fox Newswould “realize that (Trevizo)…didn’t kill her baby” if they had all the facts.
Trevizo gave birth in the bathroom of Artesia General Hospital on January 27 after complaining of back pain.
After delivering her infant son alone, she put his body in a garbage can where cleaners discovered it.
Trevizo, 19, gave birth in the bathroom of Artesia General Hospital on January 27 after complaining of back pain
Alexee Trevizo and her boyfriend Devyn Fierro at the Artesia High School Prom on April 22 – 12 weeks after giving birth to their newborn son and putting him in the trash can in a hospital bathroom. She was arrested on May 10 and is now charged with murder
The student will now stand trial for murder starting Oct. 2, with prosecutors claiming she killed the baby by strangling him. They base their case on the fact that the baby allegedly had air in his lungs when he died.
Trevizo claims the baby was stillborn, and her lawyer claims that hospital staff killed the baby by giving the teen drugs such as morphine despite knowing she was pregnant.
The petition, organized earlier this month by Evelyn Grasiano, argues that it is “morally wrong” to allow Trevizo to pursue higher education when she has been charged with an “heinous crime.”
“It is important to consider the impact this case may have on public confidence,” the petition reads.
“Giving someone accused of murder access to education where other individuals will be entrusted to him could undermine public confidence… and the justice system itself.”
The petition repeatedly states that Trevizo is “pursuing a career in nursing or social work,” but there is no evidence to support this claim.
In addition to defending Trevizo for murder, Mitchell also filed a wrongful death lawsuit against Artesia General Hospital.
“The fact is, she didn’t kill her baby. The tests (that have been done) to determine if she did are so outdated it’s medieval.
Gary C. Mitchell, (right), who will represent Trevizo at her upcoming murder trial, called the 20,000-strong petition to kick the teen off the New Mexico State University campus a “bunch of biased bullshit”
Alexee Trevizo, 19, has admitted giving birth to a baby boy and putting him in a bin
The teen was arrested on May 10 and charged with murder
Videos taken Jan. 6 — three weeks before she gave birth — show Alexee Trevizo, 19, cheerleading with a huge baby bump. On January 27, she secretly gave birth and dumped the child’s body in a hospital garbage can. Now she is charged with murder
“There was no strangulation. This is not a murder case,” he said.
Mitchell said he will show how Alexee was given a cocktail of drugs that are not suitable for pregnant women, let alone pregnant women.
“This was certainly the primary cause of the baby’s death. Guess what causes major breathing problems in fetuses? Morphine,’ he said.
Mitchell said 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 claims Alexee didn’t know she was pregnant despite gaining weight and gaining a bump.
Trevizo was photographed in her cheerleading outfit with a visible baby bump just three weeks before she gave birth.
Trevizo is currently out on $100,000 bail, after a judge allowed her to return to school to graduate.
In April, she and her boyfriend, Devyn Fierro, the baby’s alleged father, attended their high school prom.