The lawyer defending a New Mexico teenager accused of murdering her newborn baby by leaving his body in a hospital bathroom bin has hit back at a petition to remove her from college.
Gary C. Mitchell, who will represent Alexee Trevizo, 19, at her upcoming murder trial, called the 20,000 strong petition to kick the teen off New Mexico State University campus a ‘bunch of prejudiced nonsense’.
The ‘closed-minded, biased and prejudiced’ signers of the petition, Mitchell told Fox News, would ‘realize that [Trevizo]… did not kill her baby’ if they had all the facts.
Trevizo gave birth in the bathroom of the Artesia General Hospital on January 27 after showing up complaining of back pain.
After delivering her baby boy alone, she put his body in a trash can where cleaners discovered it.
Trevizo, 19, gave birth in the bathroom of the Artesia General Hospital on January 27 after showing up complaining of back pain
Alexee Trevizo and her boyfriend Devyn Fierro at Artesia High School Prom on April 22 – 12 weeks after she gave birth to their newborn son and put him in the trash 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 October 2, with prosecutors alleging she killed the baby by strangling him, hinging their theory on the fact the baby allegedly had air in his lungs when he died.
Trevizo claims the baby was stillborn, and her lawyer argues hospital staff killed the baby by giving the teen medications like morphine despite knowing that she was pregnant.
The petition, organized earlier this month by Evelyn Grasiano, said allowing Trevizo to pursue higher education when she has been charged with a ‘heinous crime’ is ‘morally wrong’.
‘It is important to consider the impact this case may have on public trust,’ the petition states.
‘Allowing someone charged with murder access into education where they will be entrusted with other individuals could undermine public confidence… as well as the justice system itself.’
The petition repeatedly references that Trevizo is ‘pursuing a career in nursing or social work’ but there is no evidence to support the claim.
In addition to defending Trevizo on murder charges, Mitchell has filed a wrongful death suit against Artesia General Hospital.
‘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.
Gary C. Mitchell, (right) who will represent Trevizo at her upcoming murder trial, called the 20,000 strong petition to kick the teen off New Mexico State University campus a ‘bunch of prejudiced nonsense’
Alexee Trevizo, 19, has admitted to giving birth to a baby boy and placing him in a trashcan
The teenager was arrested and charged with murder on May 10
Videos taken on January 6 – three weeks before she gave birth – show Alexee Trevizo, 19, cheerleading with an enormous baby bump. On January 27, she gave birth in secret and dumped the infant’s body in a hospital trash 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 inappropriate for pregnant women, much less those in labor.
‘This certainly was the primary cause of death of the baby. Guess what does cause major breathing issues 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 maintains that Alexee did not know she was pregnant despite gaining weight and developing a bump.
Trevizo was photographed in her cheerleading outfit with a visible baby bump just three weeks before she gave birth.
Trevizo is currently free 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.