← I Wish You Were Here
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- [00:02]
Hospital Staff / Nurse
What they did to your family.
- [00:03]
Narrator / Host (Michelle Cuervo)
You're lucky to make it out alive. Streaming on Peacock. These men are going to come after me. Taking them out. It's my only chance. Put a bullet in her head. From the CO Creator of Ozark. Looks like a family was running drugs. Execution style killing. It's rare for the Keys. Any leads on who they might have been running for? The cartel killed my family. I'm gonna kill them. All of them. MIA Streaming now only on Peacock. When you go to medical school, you spend years preparing for the worst. You train for cardiac arrest, traumatic injuries, life or death, decisions made in seconds. And you are taught that your patient always comes first. That no matter what walks through those emergency room doors, your job is to save them. But on January 27th of 2023 at Artesia General Hospital in New Mexico, the staff on duty encountered something that no medical textbook, no training program, and no amount of experience could have ever prepared them for. That night, a housekeeper reached into a hospital bathroom trash can and pulled out a newborn baby. And just like that, a medical emergency became a murder investigation. Today's case is on Alexi Treviso. I'm sure most of you guys have heard this story. If you haven't, your jaw will be on the ground. This, I think, was maybe my. It was in my first five videos that I ever made on TikTok, and going back and researching it again broke my heart all over again. This is not by any means an easy episode to listen to, especially because we are talking about a newborn baby. So if you think that listening to this is going to harm your mental health in any way, shape or form, please skip this episode. I will see you in my next one. I've said it a million times. I will continue seeing it a million times. I would hate for nothing more than for one of my podcast episodes or Tik toks to hurt your mental health. So I really, really hope that you guys know how much I mean it when I say that. But we have a lot to talk about, so let's get into it. Welcome to this episode of I wish you were here. I'm your host, Michelle Cuervo. The year is 2023. It is just after midnight on January 27th in Artesia, New Mexico, a small, quiet town of about 11 to 12,000 people tucked into the southeastern corner of the state. Most people are asleep. The streets are empty. And at Artesia General Hospital, the overnight shift is well underway. That is when a 19 year old girl walks through the emergency room doors. Her name is Alexi Treviso. She is a high school senior, she's a cheerleader, just a regular teenage girl by every definition of the word. Alexi, along with her mother are at the hospital to begin with because Alexi says that she has been experiencing severe back pain and she needs help. She had tried going to bed and falling asleep, but she just couldn't. The pain was way too much, she was way too uncomfortable. And so she decided to wake up. Her mom felt them to both head to the er, so that's what they do. And nothing about their arrival seemed out of the ordinary at first. To the nurses on duty, she really did look like just any other young patient coming through those doors at night. She is scared, she's in pain, and she is obviously there looking for answers. They admit her, they make sure that she's good, she's settled, they hook her up to an IV and start running tests to figure out what's going on. So like I said, In 2023, Alexi was 19 years old. She was living in Artesia, New Mexico with her family. She was a high school senior. And everything that she had going on in her life pointed her to having a beautiful and amazing future. She really did have a lot going for her. She cheered on at the sidelines at the football game, she hung out with her friends. She had a long term boyfriend called Devin Fierron. She was truly, by every outward appearance, a completely normal teenage girl living a completely normal life, which to me only makes it that much weirder, right, because she had been experiencing severe back pain, yet she was so young, she was healthy, she was active, she went to practice, she cheered at every football game underneath the Friday night lights. And so she needed to sort out what it was that was wrong with her to get back, to get better and continue living her normal life. So she shows up with her mom, they kind of fill in the nurses about what's going on. They go through all of the usual questions, and when she is asked, Alexi confirms with the doctor that no, she is not pregnant. Not only does she say that, but she also says that she is not sexually active and, and that she is a virgin who has her regular monthly cycle. Her mom even tells the nurses that she buys pads for her every single month. So no, under no circumstances would she be pregnant. Fine, very normal. No more questions asked. And even though back pain isn't necessarily super alarming, especially considering that Alexi was an athlete and she was active and maybe she could have just pulled something on her back, who knows, she really wasn't Letting the nurses examine her properly. She was wearing a pretty baggy sweatshirt, baggy sweatpants. She didn't really want them to touch her, which I guess is completely fine. But that obviously did make them wonder if something else was going on, something more serious like kidney stones or something that would have her in such excruciating pain that she did not want absolutely anyone to touch her. So they give her something for the pain, they run some tests, and pretty much after that, it's just kind of a waiting game. They give her a pregnancy test just to make sure to be able to completely rule that out. And about 45ish minutes later, the test comes back positive. Yet her and her mom were adamant when they were first asked if Alexi could be pregnant that there was just absolutely no way that she could be. So doctors then decide to do a blood test, because who knows, Sometimes there are false negatives. Blood test comes back positive. And at that point, staff members at the hospital are becoming aware and maybe a little bit concerned about the dynamic between Alexei and her mom, because Alexei is in absolute denial, clearly, that she's pregnant. She's not even considering the possibility. And, and her mom as well just keeps saying, no, no way. I buy her patch. She is, period. She's not pregnant. So staff members at the hospital, they don't know if her mom is controlling, if maybe Alexi is scared of her mom or if she just isn't comfortable saying the truth in front of her, or they don't know if that is just how their relationship is and that it is completely normal for them to interact with each other in that way. But sometimes it is better to remove a parent from a situation. Other times it is better to have them there for moral support. Alexi, her mom and other hospital staff are in the room around 1:39 in the morning when Alexi gets up because she has the strong sudden urge to go to the bathroom. She books it to the bathroom. Like she's not sprinting down the hallway, but she's definitely walking, slash running. She's also putting her hand on her behind, like on her butt, like she's really, really gotta go. You know what I mean? So much so the staff members that see her passing by notice it and think, oh, you gotta go when you gotta go. There's CCTV footage of this, and Alexi walks into a single stall bathroom. Less than a minute later, her mom follows. She knocks on the bathroom door, asks her if she's okay through the closed door, and then her mom walks back to the room. About 10 minutes later. So now, around 1:49 to 1:50am I, Alexi is still in the bathroom. She has not opened up the door once, and her mom checks on her again, then walks back to the room again. Hospital staff that is walking by is aware obviously, that Alexi very abruptly ran to the bathroom. So they want to make sure that she's okay and not in pain and not in any danger. But Alexi isn't answering the door for anyone. She says she doesn't need anything. But staff members then are kind of listening in to see if they can hear, to get an idea of what's going on in there. And they hear the toilet flush, then the paper towel dispenser over and over and over again, repeated flushing, the paper towel dispenser, the water running. But Alexei is still denying that anything is going on and that she needs help. So now at that point, nurses are concerned and they tell her that she needs to open the door or else they're going to ask the clerk for the key and they are going to come unlock the door themselves. Around 1:56 ish in the morning, when, when they tell Alexei through the door that they're about to unlock the door and walk in, she unlocks the bathroom door just literally moments before the nurse was about to open it. She walks out looking very relaxed, in my opinion, and she just walks back to her room, her hospital bed. She doesn't say anything, just walks back in silence, climbs back into her bed. So, still in silence, a nurse peeks inside of the bathroom and he sees what he has described to be a very large amount of blood on the floors, on the walls, kind of behind the toilet. And it looks pretty smeared, as if Alexi had been in there trying to clean it up.
- [09:51]
Hospital Staff / Nurse
I can't. Maybe two o' clock or so. I think it was the time. I'm not too sure. So when I went in there, it was a glory bloody massacre mess.
- [09:59]
Narrator / Host (Michelle Cuervo)
Can you describe it, if possible?
- [10:01]
Hospital Staff / Nurse
Yeah, there was blood everywhere. There was blood on the floor, on the wall. Do you remember which wall? The one behind the toilet. And then the one on the side right here. You know, there's the one where the toilet sits back of that.
- [10:15]
Narrator / Host (Michelle Cuervo)
Yeah.
- [10:16]
Hospital Staff / Nurse
And then on the side where the call button is. Yeah.
- [10:19]
Narrator / Host (Michelle Cuervo)
Okay.
- [10:20]
Hospital Staff / Nurse
And on the floor, everywhere, there is
- [10:23]
Narrator / Host (Michelle Cuervo)
so much that Alexi is even leaving partial bloody footprints on her walk back to room. So he asks her again, are you okay? What happened? Is everything all right? And Alexi just says, oh, yeah, I'm on my period. But their first stuff is she had a miscarriage in the bathroom. It's just, it's too much blood for this to be a period. Something is wrong. We need to make sure that she's doing all right. Remember, by that point, the pregnancy test was confirmed to be positive. Now, there is a ton of blood in the bathroom and it is definitely a reason for concern. However, they had not told Alexi that the test had come back positive. They had asked her, as we know, about the possibility of her being pregnant, which she denied. But they had not told her that the test came back positive. Right. A short time later, a member of the hospital cleaning crew is called in to clean up the bathroom. That housekeeper cleaned up what she also described to be a very large amount of blood first. And, and then she went to go and get the trash bin. She pulls the trash bag. Well, no, actually, she picks up the trash can at first and she notices that it's way heavier than usual. She looks inside and initially it looks like the trash is empty because the trash can had a fresh liner in it. It looked empty, but it didn't make sense because it was heavy. So she ends up looking under the liner and she finds a tied up trash bag underneath the other liner. There were also paper towels and toilet paper on top of the bag, but the bag itself had been tied up and twisted so it wouldn't come undone. Very obviously an attempt at hiding the bag. Inside of that trash bag was a newborn baby boy. The plastic bag was suctioned to his face and he was pulled out and taken into a trauma room immediately. But it was too late. The baby was full term. He had a full head of hair and his skin was completely blue and purple. He was pronounced deceased at 2:28 in the morning.
- [12:25]
Hospital Staff / Nurse
To go through the trash. I felt that when I picked up the trash and I looked in it, there was a. You know, there was trash in it. I knew that it was. It didn't feel like when I picked it up, it was some weight. So I thought it was the trash bags because we put the trash bags on the bottom. And so I started getting the trash out. And then when I did that, I seen that there was a baby. And, and, and that's when I, I freaked out. And I called Lori and HT or the nurses up front and. Because there was a baby in the trash, like in a, you know, like in the bottom of the trash can and with trash on top in a trash bag.
- [13:01]
Narrator / Host (Michelle Cuervo)
And so how did you.
- [13:02]
Hospital Staff / Nurse
Did you see it?
- [13:03]
Narrator / Host (Michelle Cuervo)
Like, as soon as you picked it Up? No.
- [13:05]
Hospital Staff / Nurse
After I picked up the. The trash bag that was on top, you know, where they were throwing the trash at. When I picked that up to change it, that's when I noticed that there was. When I seen the baby. You'd, like, describe the baby? Yeah, he was about that big. He had hair, and he was, like, purplish, but still not, like, pink, you know, I don't know how to describe it. You know, he was like. He wasn't bruised or nothing like that. Then he was like, purple. Pink. Pink skin type color. That's when I noticed it even more because all I saw was black and purple. But once we picked it up, like, the bag suctioned to his face. And that's when I yelled for my charge nurse, which was ht. And I told him, hey, she put her baby in the trash can. So I handed the baby to him, and he took off to the trauma room and opened up the bag. And then that's what we went and got. Dr. Vasquez.
- [14:06]
Narrator / Host (Michelle Cuervo)
And this is so horrible. But the umbilical cord was still attached to him, and it looked like it had been ripped apart by an animal. One of the nurses used those exact words to describe it. Ripped apart like an animal because it wasn't cut as would be regular procedure. And you cannot just cut that off. It's pretty thick and strong. And, yeah, it looked like it was forcibly ripped apart. The ends of it were frayed, and it was a very, very, very disturbing sight to see, you know, have you
- [14:44]
Hospital Staff / Nurse
ever eaten string cheese? Like, you know, when you twist it, that's how the bottom of the bell cord looked. And it. I just remember it caught my eye, and I was like, God, I thought this. This chick really ripped this thing apart.
- [14:55]
Narrator / Host (Michelle Cuervo)
Hospital staff immediately alerted the police. And as is required by law, officers arrived at the hospital, and at least one of them was wearing a body camera when they walked into Alexi's room. In the room was an officer, the charge nurse, the doctor, Alexi lying on the hospital bed and her mom sitting at the edge of it. When Alexi's doctor walks inside, she says, we need to talk. And says, quote, we discovered a dead baby in the bathroom. End quote.
- [15:21]
Hospital Staff / Nurse
I'm sorry.
- [15:24]
Narrator / Host (Michelle Cuervo)
We discovered a dead baby in the bathroom.
- [15:27]
Hospital Staff / Nurse
Oh, my gosh. I'm sorry.
- [15:29]
Narrator / Host (Michelle Cuervo)
It came up. And being. I didn't know what to do. Lexi, I told you about this. I just asked you baby to tell me the truth. It was not crying or.
- [15:41]
Hospital Staff / Nurse
Maggie, what did you do to it?
- [15:44]
Narrator / Host (Michelle Cuervo)
Okay, stop right here.
- [15:46]
Hospital Staff / Nurse
Stop, stop.
- [15:47]
Narrator / Host (Michelle Cuervo)
Number one, priority Guys, number one priority is she just had a baby. I don't know if she's delivered the place placenta. She's bleeding significantly. Yeah, I've spoken to the obstetrician at Loveless. They want her up there as soon as possible. We need. I need your. Obviously need your permission to transfer her from medical. She is. She's 19.
- [16:03]
Hospital Staff / Nurse
Oh, you're right. But she is a student too. She's still 19 years. Right. You're right.
- [16:08]
Narrator / Host (Michelle Cuervo)
She needs to. I'm sorry, I forgot.
- [16:09]
Hospital Staff / Nurse
She's 19.
- [16:10]
Narrator / Host (Michelle Cuervo)
Keep having me. You need to.
- [16:12]
Hospital Staff / Nurse
For.
- [16:12]
Narrator / Host (Michelle Cuervo)
To make sure that you're safe. I need to send you to Loveless to labor delivery. Will you please agree to that? Yes. Yes. Great. I'm gonna work on that. In terms. I'm sorry about this, but in terms of delivering a baby and it looked like you tried to hide it, we do have to have the police involved. And nothing was crying. It came out with nothing. I know, I know, but the baby's gonna have to be taken for autopsy and there'll be an investigator and everything.
- [16:46]
Hospital Staff / Nurse
I'm really sorry, guys. I'm sorry.
- [16:49]
Narrator / Host (Michelle Cuervo)
Alexi's mom, Rosa, her immediate response is, oh, my gosh. And Alexi, she starts crying and she says, quote, I'm sorry. It came out of me and I did not know what to do. Nothing was crying. It came out with nothing. End quote. Her mom says, lexi, I told you about this. I asked you baby, just to tell me the truth. What did you do to it? And quote, quote, the doctor says the number one priority is to make sure that Alexi is safe. She tells her that she needs to be taken to labor and delivery, given that she gave birth. She just gave birth in the bathroom. There was a lot of blood and they needed to make sure that she was fine. But she also makes sure to say that because there was a dead baby found in the bathroom, police officers had to be involved. 19 year old Alexi Trevisa was not arrested, but she was detained until they spoke to her and checked her out. Like you just heard, when Rosa was told that the baby was full term, her response was to look over at Alexi and say, quote, Alexi, have you watched the news of the girls that what they do to their babies and what they go to jail, it is such an extremely, extremely uncomfortable tension present in that room. And also the charge nurse in body cam footage of him at the scene, but also in footage of him from an interview that they conducted months later. Later, you can hear the heartbreak through the screen. You can hear it in his voice. You can see it all over his face. And one of the biggest things that affected him was that that baby did not even get a chance. He says he wasn't even given a chance to try and save him. Saving people is his job, and he was not given the chance to do so. And it is so visibly noticeable just how much he felt that.
- [18:38]
Charge Nurse / Hospital Staff
To do what she did and with no emotion, I've never seen anything like it.
- [18:44]
Hospital Staff / Nurse
And it was a pretty good sized baby. Pretty good size.
- [18:47]
Charge Nurse / Hospital Staff
It looked term to me.
- [18:49]
Hospital Staff / Nurse
Yeah, me too.
- [18:50]
Charge Nurse / Hospital Staff
I mean, it was turned. I can't tell you that was. But the only thing that upsets me the most is I understand she was scared. And I think her mother had a big dynamic on her. And I, I understand that. I mean, I think her mother was probably pretty controlling. I don't know that I'm just speculation, but she gave me no chance to save that baby. I had no chance. And that's not what I do. My job is to save lives. And I had no chance on that baby. She gave me no chance. And we are a facility that you can drop the baby off, no questions asked. You know, I don't even. You can just leave the baby and go. I, I don't care, you know, as long as you bring the baby to a safe. We are one of those type of hospitals. So it's hard to fathom what was going on in her mind. I. I don't know. I've never. I've never seen anything. And I pray to God I never see it again.
- [19:44]
Narrator / Host (Michelle Cuervo)
Taking a very quick break to talk about today's sponsors. I'm always, always over the moon. So excited to talk to you guys about Quinn. So you guys know how much I love them truly and deeply. I'm having my bachelorette party at the end of the month and I'm so, so excited to be in a big Airbnb with all of my girls and all of my friends. My mom is coming to. Mitchell's mom is coming to. It's going to be amazing. Anyway, I have been putting little gifts together to give my girls. There's a total of 13 of us going. And I thought of Quince's T shirts immediately because they are just so perfect. They are so lightweight. Some of my bridesmaids live in Chicago, others live in Florida, so they live in Boston. Different weather conditions, yet Quinn has pieces for everyone. I also did want to get silly little gifts that would not last them a long time. So I wanted to get them quality pieces and quality pieces in my mind, I immediately think of Quinn. 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Instead I wake up actually feeling like I had a good night's rest and I am ready to work out and then recovering from the workouts. It also makes it 10 times easier too. I keep telling you guys over on Instagram to do 75 hard with me because I feel like I need the moral support. But if you don't want to do that, here is what you can do. You can try Bio Optimizers. Try it. Track your sleep. If you have an aura ring, an apple, watch whatever else kind of Garmin, watch whatever tracks your sleep. Pay attention to how you feel. See if you wake up feeling more refreshed, well rested, you truly have nothing to lose and you have a whole lot to gain. Because good sleep matters so much. Bio Optimizers offers a 365 day no questions asked money back guarantee. That means you can try it for a full year. Zero risks. There is literally no reason why you shouldn't. So join me in taking it. Let me know how you feel. You guys always know that I'm trying to respond in my comment sections. Always. I want to know what you guys think of it. If you're ready to feel more rested, head to bioptimizers.com wish and use my exclusive code wish to get 15% off any order and when you subscribe you will get great discounts, free gifts and the peace of mind of never running out again. That is 15% off any order at bioptimizers.com wish make 2026 the year you finally start sleeping great again. Also important to note that Safe Haven laws exist and they were in place at the time in New Mexico. Meaning that if a parent feels they cannot care for a newborn and or if they're in a crisis or I think just if they do not want the baby, they can surrender the baby at a designated location without being arrested or prosecuted for abandonment, no questions asked, no criminal charges, the baby goes to the state and is then placed for adoption. Let me say that again. New Mexico's Safe Haven law allows a person to leave a baby with a staff member at a Safe Haven site. Safe Haven sites are hospitals, fire stations or police stations. Under the law, that person will not be charged with a crime of abuse or abandonment. Alexi Trevisa was also 19 years old at the time, an adult, meaning that at the hospital, she could have delivered her baby, handed him over to hospital staff, no questions asked, and without having to tell her mom because she was an adult. But that was a choice that Alexi did not want to take, I guess. Alexi was taken to a different hospital to be looked at where she did not deliver the placenta. So the options were that either she delivered it in the bathroom when she delivered the baby and then was able to flush it down the toilet, or perhaps the housekeeper flushed it down accidentally, thinking that it was just a clump of paper towels and bloody toilet paper. Then Alexei was released and sent back home until authorities received the autopsy results of the baby to decide what their next steps were going to be. The baby was taken for the autopsy. When the results came back, the coroner determined that the baby died from entrapment after being sealed in that plastic bag inside of the garbage can. He died alone, unable to breathe, at the bottom of a trash can just minutes after being born. The manner of death was ruled a homicide, but there was one critical detail. The autopsy showed that the baby had air in his lungs, proving that he had at least taken one breath after birth. That finding meant that the baby was born alive and did not have any complications. At least no complications that would be life threatening. Later on, the prosecution would use this to say that Alexei killed her son intentionally. She placed a living, breathing baby into a trash bag, tied it shut, and left him there to die. However, the defense would push back on that hard. And Alexei's attorney would argue that when she gave birth in the toilet, she tried to hold the baby and put him in the sink. That baby never cried. That baby never breathed. The baby never moved its eyelids. The. The baby never showed signs of life. She did not know what to do. End quote. Two completely different stories. But before I get too ahead of myself, let's talk about the biggest question that is probably on your mind right now. One of the biggest debates in this case was whether or not 19 year old Alexi Treviso was aware that she was pregnant before she walked into that hospital room. Three weeks before she walked into that emergency room, Alexi Treviso was at cheerleading practice. And there's a video of it. In that footage, she is in her cheerleading uniform, she's performing with her squad, and she has, in a lot of people's opinions, a visible, significant baby bump. She was such A small girl. And in the recent months she had gained a significant amount of weight, but only in her stomach. So it didn't really look like she gained weight altogether. Like all over her body. It looked like a bump that to most people looks unmistakably like a pregnancy. She was also in a long term relationship. Like I said, I believe she had been dating her boyfriend for around two years. And her boyfriend was actually also questioned at the hospital. He mentioned not knowing anything about the pregnancy, but he did say that the night before she went into the ER, they had been on FaceTime and she had been complaining a lot about back pain and hip pain. There was also another weird interaction in the hospital waiting room between Alexi's mom, Rosa, the boyfriend and the boyfriend's mom, in which authorities asked the boyfriend if he is 100% for sure, the father of the baby. And they all giggle. They giggle. Something was funny, I guess. And none of them, not Rosa, not the boyfriend's mom, nor the boyfriend, the father of the deceased baby, mind you, none of them, not once asked anything about the baby. They had absolutely zero questions about the baby. Alexi's mom, Rosa, was still holding on to the fact that she obviously, according to her, had no idea that her daughter was pregnant. Whether she did or did not have an idea is up for you to decide. However, to not notice a bump of that size on your daughter's stomach, it does seem unusual to me. And she, no, she did not necessarily look to be nine months pregnant, but her stomach had grown for sure. Also say she did wear baggy clothing all the time, like she was wearing when she walked into the ER fair. But that video of her cheering in that cheerleading uniform. I personally find it so incredibly hard to believe that not a single person in Alexi's life would have questioned it. And as far as Alexi herself, I mean, she was a liar. You can't say that she wasn't. She told doctors and nurses and apparently her mom over and over again that she had not had sex, which obviously she had. And she knew that. That right there in itself makes me question her credibility altogether. Because if you're lying about that, then what else are you lying about? Probably a lot of things. And on top of that, she knew that she was having pain in her back and in her hips, like she told her boyfriend and her mom. And that night had not been the first time that she said it. She knew that she was gaining weight in her belly. There's just no way that she didn't. I assume she took Showers, like a normal person probably looked at her own body in the mirror like a normal person does. Probably felt her own body. And on top of the pain, I don't know. It would just. It would take a very, very strong argument to prove that she has no idea when there is photo evidence of the way that she looked. And don't get me wrong, there are cases of women who give birth who genuinely have no idea that they're pregnant until they give birth. That does happen. We've actually talked about a few cases before on this podcast where that has happened, but to me, at least, this does not sound like one of those cases. Also important to note that further testing revealed that Alexi had weight loss drugs in her system. The toxicology report on the baby revealed that Alexi had phentermine in her system, a prescription appetite suppressant. She took it, so it got to the baby and it ended up showing up on the test results. That drug is not approved for use during pregnancy, but it is meant to help with weight loss. It is unclear if Alexi was prescribed it or how long she had been taking it. But again, that just tells me that she obviously noticed changes in her body causing her to make the decision to take that drug in the first place. On the other side of that argument, though, just to mention both sides, if she was taking a weight loss drug, her defense would later argue, does that sound like someone who knew that they were carrying a baby? Who knows? After Alexi was sent home, you may be wondering, what did she do? Did she lay low for a little while? Did she hang out to recover from. From, like, everything she was just through? No. She went to prom. She went to prom with her boyfriend, Devin Fierro, the baby's father, as if nothing ever happened. Formal charges were filed. On May 10, 2023, Alexi was charged with first degree murder and tampering with evidence. She was only 19 years old and facing life in prison. On May 11, authorities showed up at Alexi's house. Her mom, Rosa, was the one who answered the door. And she, I'm not even joking. Looked to be almost confused as to why police officers were there. She opens the door asking, what is she under arrest for? Police tell her that there is, quote, a warrant out for her arrest. And they explained to her that it is, quote, on the account of homicide and tampering with evidence. And Rosa sounds baffled. She just could not believe it. Her immediate response was tampering with evidence at the hospital. She also didn't question the homicide charges, just the tampering. With evidence. I. What? So I. Yeah. What? Alexi was released five days later and was out on a $100,000 bond. She was not required to wear an ankle monitor. She did have a curfew, but other than that, she pretty much just continued on her life as normal. She graduated high school, she enrolled in college, and that was a whole thing in itself, college, given that she was awaiting trial on murder charges. So many students started and signed a petition demanding that Alexi Treviso be removed from campus. But since then, this entire case has pretty much stayed a legal battle. Defense attorney Gary Mitchell, one of New Mexico's most prominent criminal defense lawyers, is fighting hard for Alexi. He has argued that everything that happened inside of the hospital room was protected and should not be able to be used in court, saying that Alexi was a patient seeking medical treatment and that the conversations between her, her doctor and her mother were private medical communications that law enforcement had no right to be present for, let alone record. He also argued that by the time police officers entered that room and with her body cameras rolling, Alexi was effectively in custody. She was in a hospital, gowned in a hospital bed with officers standing guard outside of her room. Yet she had not been read her Miranda rights. Anything that she said in those circumstances, he argued, could not be used against her. This is a quote from him, quote, my great fear is that in the haste of trying to convict people, our courts ignore these constitutional rights that we've had for centuries, end quote, quote. On July 24, 2023, a judge with New Mexico's Fifth Judicial Court sided with the defense. The judge granted the defendant's motion to suppress all of that evidence and body cam footage from the hospital, which, keep in mind, is basically a confession. I mean, the entire incident, if you want to call it that, feels wrong calling it that, but the entire situation was recorded and now they're saying they can't use that in court. All of Alexi's statements at the hospital, including the I'm sorry it came out of me, I didn't know what to do. Everything was thrown out. The body cam footage of her in the hospital room was gone, no longer allowed to be used in court. The biggest pieces of the prosecution arguments, gone. Gary Mitchell told the media, quote, I think without that evidence, they don't have a case because they are not entitled under the present decision of the trial court court to utilize those medical records or to utilize any statements that she may have made, end quote. That was a huge twist in the case, obviously, and it changed a lot Mainly just making it harder for the prosecution to argue that Alexi did know what she was doing, but they still had to try. The district's attorney's office was not going to accept it. DA Loose appealed the ruling and stated, quote, is this really just a medical issue that is private and confidential, or where there are some type of actions that rise to the level of. Of criminal intent? We believe that it rises to the level of criminal intent. Our job is to protect children, especially any infant who cannot protect themselves. So we made the decision to file charges, end quote. That appeal was filed with the New Mexico Supreme Court, and as a result, a jury trial for Alexi was scheduled for August 26, 2024, but it was removed from the docket after the appeal was filed, meaning that there is no trial date, no timeline. It's pretty much legal limbo. And while that criminal battle was underway, the defense then struck again, this time filing a civil lawsuit against Artesia General Hospital itself. Gary Mitchell argued that the hospital was responsible for the baby's death, not Alexei. He argued that hospital staff improperly administrated a series of medications that you are not allowed to have for pregnancy, even after his client's test results showed that she was pregnant. So his point is that Alexi Treviso's baby had morphine in his system when he lost his life, saying that that was because of the hospital, and the hospital was fully to blame for that baby passing away. He stated that this was negligence of the highest order, that the hospital knew that she was in labor, gave her medicine, and then let her walk to a bathroom where she gave birth unattended. Quote, this is a situation in which the hospital failed her, the nurses and doctors failed her, the medical investigators failed her, end quote. The prosecution then pushes back attorney Michael Thomas of the State Department of Justice, stating that reading Alexi her Miranda rights was not necessary because police didn't ask her any questions, and she was not formally placed. Placed in custody. And they do tell her that she isn't in custody, but they tell her that because she just gave birth and everything pointed to the fact that she tried to hide it. They had to bring in the police to get involved because they wanted to handle the situation correctly. The prosecution also argued that Alexi had waived her physician privilege by making statements in front of her mother and in front of law enforcement. As of September 2025, the Supreme Court took the arguments under advisement and deemed themselves submitted to be decided on at a later date. No decision has been made as of 2026. The Alexi Treviso case has still not yet reached a final conclusion. The criminal trial has faced delays due to legal motions and evidence disputes. The courts continue to review what testimony and what recordings can be used. The other civil lawsuit also remains active. Pre trial hearings, from my understanding, continue and no settlement or verdict has been reached. So Alexi Treviso is now 21 years old and she remains free. Heartbreaking, heartbreaking case. And very sadly I feel like there are so many cases like this recently and it breaks my heart because this the part, everything, every aspect of this is sad. But the part that breaks my heart the most is knowing how many families and parents do want children. And so many people spend so much money and so much time and so much effort in hopes of being pregnant because that is their dream and they consider a newborn baby a miracle. As do I. And yet you have people like Alexi that are so okay with just putting their baby in the bottom of a trash can and leaving him alone to die. That baby could have been loved. A family would have been over the moon to receive a newborn baby, I'm sure. And yet, no. Alexi Treviso decided that that would not be the case. That is all I have for today's video. Please let me know your thoughts on this case and thank you so so much for spending time with me. Today really means a lot. I love you guys more than I could ever put into words. Hope everyone is having the best day. If not, go do something to make it the best day. Make somebody happy and I will see you in my next video. Massive kiss on the forehead to every single one of you. Thank you so much for tuning into this episode of I wish you were here. As a reminder, you can listen to this podcast anywhere. You get your podcast video version also available on YouTube. Love you. Your next chapter in healthcare starts at Carrington College's School of Nursing in Portland. 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