A lawyer representing Alexee Trevizo, the New Mexico teen accused of killing her baby, says hospital staff are responsible for the child’s death, not them.
Trevizo, 19, gave birth in the bathroom of Artesia General Hospital on January 27 after complaining of back pain.
After giving birth to her baby boy alone, she put his body in a garbage can for cleaners to find. She claims he was stillborn.
Prosecutors say she killed him by strangling him, basing their theory on the fact that the baby had air in his lungs when he died.
Alexee has not spoken publicly since she was charged, but her attorney Gary Mitchell told DailyMail.com that she was unfairly slandered.
Trevizo, 19, gave birth in the bathroom of Artesia General Hospital on January 27 after complaining of back pain. She is shown with her mother and a nurse. Alexee’s lawyer says she was pumped full of drugs that led to her baby’s death
The 19-year-old has been charged with murder and is awaiting trial in New Mexico
They fight to not only have the charges against her dismissed, but to prove that the boy died before she gave birth to him.
In legal documents obtained by DailyMail.com, Mitchell says hospital and city employees violated HIPPA laws by sharing her medical records and discussing the case.
He also claims that by the time the case goes to court, it will become clear that she did not strangle the child.
“The fact is, she didn’t kill her baby. The testing (that was done) to determine she did is so outdated it’s medieval.
“There was no strangulation. This isn’t a murder case,” he said.
Mitchell says he will show how Alexee was given a cocktail of drugs that are not suitable for pregnant women, let alone women in labor.
“This was certainly the leading cause of the baby’s death. Guess what causes major breathing problems in fetuses? Morphine,’ he said.
Videos taken on Jan. 6 — three weeks before she gave birth — show Alexee Trevizo, 19, cheering with a huge baby bump. Her lawyer says she thought she had just gained weight by eating McDonald’s every day with her boyfriend
Alexee and her boyfriend Devin Fierro at prom, a few months after she secretly gave birth and threw the baby in the trash
Mitchell says a toxicology report shows the baby had 0.19 nanograms of morphine in his body 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 developing a bump that was clearly visible through her cheerleading attire.
“You know, women will say to me ‘she put on 10 or 15 pounds so she must have known,’ but she was on her period when she went to the hospital.
“Scientifically, 1 in 2,500 women don’t know they’re pregnant when they give birth, especially teenagers.
“She used to go to McDonald’s with her boyfriend every day. She thinks gaining weight is normal. She took birth control and had a period. She didn’t feel kicked, she didn’t feel sick.
Alexee’s lawyer Gary Mitchell says she has been condemned on social media and by the press
“Why would she think she was pregnant?”
Mitchell says the staff inadvertently continued to administer drugs to Alexee that would impair the baby’s breathing for too long.
“On January 26, she goes to the hospital and arrives at 12:03. She is admitted at 12:05 pm. At 12:18 they start giving her muscle relaxants.
“At 12:28 they give her morphine, and they also give her more painkillers. That takes 111 minutes.
‘They give her ketorolac, which you shouldn’t give to pregnant women, and ondansetron for nausea.
‘They give her Cyclobenzaprine, a muscle relaxant, paracetamol and morphine, which you should definitely not give during childbirth.
‘At 12:28 she’s getting morphine and bloodwork. At 12:51 they knew she was pregnant.
“She enters the bathroom at 1:39 am. They had removed the IV so she could go to the bathroom.’
Prosecutors say Alexee knew she was pregnant but was desperate to hide it from everyone.
After giving birth in the bathroom, she placed the baby in a garbage can and covered it with a garbage bag.
The child was discovered by a hospital cleaner who was traumatized by what she found.
Alexee gave birth on Jan. 27 at Artesia General Hospital in New Mexico (pictured).