36: Alexee Trevizo Part 2: “It’s Not My Fault!!” The Disturbing Story of Teen Who Dumped Newborn in the Trash Can
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Today's episode of Serialistly is brought to you by Progressive Insurance. Now, most of you listening right now are probably multitasking. Yes, I know you are. While you're listening to me talk, you're probably also driving, cleaning, exercising, or maybe even grocery shopping. But if you are not in some kind of moving vehicle, there is something else you can be doing right now, getting an auto quote from Progressive Insurance.

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Multitask right now. Quote your car insurance at Progressive.com to join the over 28 million drivers who trust Progressive. Progressive Casualty Insurance Company and Affiliates. National average 12-month savings of $744 by new customers surveyed who saved with Progressive between June 2022 and May 2023. Potential savings will vary. Discounts not available in all states and situations. Hey, True Crime Besties. Welcome back to an all-new episode of Serialistly.

Hey everybody, welcome back to an all new episode of Serialistly with me, Annie, your true crime bestie.

We are going to talk about a case today that is a part two. It's a little bit of a follow-up because it is one that we talked about a couple of weeks ago. There have been some new developments and it is crazy. Now, if you haven't guessed by now, the case that we are going to talk about is the one that I covered a few weeks ago, Alexi Treviso, the 19-year-old woman from New Mexico who put her baby in the hospital trash can after claiming that she was a virgin.

It is an incredibly heartbreaking case and one that is just so difficult to wrap your head around. Now, if you haven't listened to the first episode, I highly recommend starting there and then coming back for this update portion.

Because again, this is more of a part two. So the first episode is linked in the show notes below and if you're watching this on YouTube in the video description. For those of you who have listened or watched the first episode about this case, you know that it was definitely a long one. And I included a lot of body cam footage as well as hospital staff interviews, footage and surveillance footage from the hospital, you name it.

Now, what's crazy is even though I included all of the major details, there's actually more that I didn't include, which, yes, believe it or not, that was the shortened version of the full story that we went over a few weeks ago.

And now, in light of a huge twist in this case and more details revealed, you know we have to go over this case again and go through the police footage that I didn't include in the first episode, because just when you think this case couldn't get any crazier...

Boom, it does. Now, if you're watching this over on YouTube, be sure to comment along with any new red flags that you see because, like I said, this one is wild. And as a reminder, this is an ongoing case and everything in this episode is alleged and sourced from court documents or police body cam footage and then anything else that I state is strictly my opinion only, so please remember to do your own research.

Now guys, let's get into it. Tampering with evidence? At the hospital? We discovered a dead baby in the bathroom. Oh my gosh. I'm sorry. I'm sorry. Lexi, I told you about this. I just asked you, baby, to tell me the truth. I was not crying or nothing.

Let's see. Have you watched the news of the girls that what they do to their babies and what they go to jail? I'm crying. This is over. I'm coming to the hospital. I am. Yes, ma'am.

From where we last left off, Alexi had been arrested and was let out on bail. She was ordered to attend therapy and a few other minor restrictions, but to be honest, it wasn't much considering the charges that she's facing. Alexi has been taking a lot of heat online, though, and so has her mom Rosa. A lot of people are wondering if Alexi was hiding the pregnancy the whole time or if her mom truly had no idea that she was pregnant.

From Rosa's reaction when the ER doctor came into Alexi's room and accompanied by the police and said, we need to talk, I discovered a dead baby in the trash. My initial inclination was thinking that Rosa had to have a feeling that Alexi could have been pregnant based on all of the cheer footage we saw and the pictures of her stomach, but maybe didn't know how far along Alexi really was.

It's also possible that she didn't know that she was pregnant at all, and I don't know what to think, to be quite honest. Do you guys have, I'm the charge nurse here, do you guys have any questions for me? Like how big is the baby? It's full term. What? Nine months? Let's see. Have you watched the news of the girls that, what they do to their babies and what they go to jail? Let's see.

But then again, I think back to this. We discovered a dead baby in the bathroom. Oh my gosh. I'm sorry. He came out of me and I didn't know what to do. Lexi, I told you about this. I just asked you, baby, to tell me the truth. I was scared. I was not crying or nothing. So, I mean, I've been taking her to a chiropractor because I always thought, you know, well, this time...

You know, I didn't know. I honestly didn't know she was pregnant. I didn't know. I just thought, like she said, I have back pain more. My hips are hurting me. I think I need to go to the chiropractor. I said, okay, let's go tomorrow. But she was, like, in really a lot of pain and, you know. When did it start, like, the pain? Yes. Yesterday she said it was really bad, that her hips were hurting and her back. And then last night we were on the phone together and she said her back.

her hips are hurting bad hasn't passed her if anything else is hurting and she said just everything and she went to sleep but she's a cheerleader too so she's big in cheers they have a cheer competition she's she works out i mean she's been active this whole time she's been active this whole time and who does she live with with me she's with us she's in school she's a senior

And how long have you all been together? Almost two years. Two years? Okay.

So I'm not trying to be rude to you, but you are more than likely will be the father. Okay. We know that multiple members of the hospital staff all said that Alexi and her mother both completely denied even the smallest chance Alexi was pregnant. Rosa said that she buys pad for her every month. Alexi said that she was a virgin, all of these things.

Now, if that's the case, why is it a laughing matter when the officer asks her boyfriend if he's the dad? And what exactly did she quote-unquote tell Alexi about when she told her to tell the truth? A few days after the incident, Rosa talked with Artesia Police Department about the incident.

Yeah, that's just small town stuff.

But that shouldn't have happened. It shouldn't have. That's why it's HIPAA. Well, because I was reading on that and like on Facebook, everyone's doing all that stuff. Because we did do a disclosure, and that was through our personal contact. That's our PSU command supervisor. So he did do one. He didn't put any name in it or anything like that. That's just something he did because he was being asked about it for so long. So that one was done, but then I hear like the high school's talking a lot. Yeah.

Yeah, I had teachers message me and everything. Really? So everyone already knows? Yeah. That's the bad thing about a small town. Yeah, that is the bad thing about a small town. But, like I said, more importantly, I talked to interest about therapy. And I am going to keep her home for about a week. And I am going to look for therapy for her. So, yeah, I'm going to do all of that as much as I can today and tomorrow. Okay.

Appreciate it. At least you're actually a parent that cares. I love my daughter. She's my everything. But yeah, you guys can come over tomorrow. We will be there. It has a red roof. We'll contact you before and make sure it's still okay. Yeah. We do that all just before so that way you're not like forget about it. Some people do. No, I won't forget about it. Okay.

Well, you have my number. The supervisor we talked to is Sergeant Perez. He's also... Yes, I've been talking to him. You have his number? Yeah. Yeah. We've been keeping in contact, so... All right. Also, do you know, like, when... Anything about the autopsy? How fast? We asked to expedite it. I still haven't heard a word back. So it did happen on Saturday, but from speaking with Weidman, though my person assigned to the case, he said we were not hearing anything yet.

So he told me as soon as we find out, or as he finds out, he'll let me find out. Are we getting him back? Did you know? We are getting him back, right? You will, yes. And that's why I was telling y'all at the beginning that, you know, with like names, stuff like that, and then who you'd want, like turpaning, who do you want to do end of life care with. Okay. When do you think we'd... I don't know. That's not up to me. When would you want... Okay. Okay. So you know how... So with...

With it being tricky because technically you're not next to him, it would be your daughter. She would still, y'all would still be contacted with it because they'd have to find out where y'all want him to be transported to. Because some people pick them up from Albuquerque, other, because it's free of charge whenever they go from here to Albuquerque. Okay. And so it's free of charge coming back, but some people want to do, like with just other cases, they'll do it in Albuquerque because it's cheaper to cremate, stuff like that there. They have to get a hold of you first. Mm-hmm.

To get well they didn't have to get a hold of her first to let them know what they want to do next So they'll get a hold of you as soon as they're done with him. I don't know what's taking so long. Usually they don't know we haven't even really we've tried to talk about that but she just She didn't know she don't know well in town we have interpreting Roswell has way more options for like morticians stuff like that

Because you have to talk about do you want to do cremation, do you want to do burial, stuff like that. And so that's because she is of age so she would be having to be the one to sign off on everything. Because like, and I don't know y'all's financial situation, but y'all guys may be able to pay for it, but she still has to be the one to sign off on stuff with how that goes. Because with OMI and stuff like that, it has to be who's immediately next.

Okay, so it's one of those that they will get a hold of her and with that out something I would you and her would talk about what you guys want to do and him. Yes. And you know, keep that involved. Okay. One of those things you always all have to mesh out. Yeah. Okay. We'll do that. Thank you so much. Get a hold of you tomorrow. Make sure. All right. Sounds good. All right. Thank you. See you tomorrow. Bye.

I don't know what exactly happened, but it does sound like HIPAA is possibly broken. It also sounds like she is more upset that HIPAA was broken than the death of the baby, but that is just my opinion. Now remember what she said here, because this will come up again later.

But really quick, we are going to take a quick break to hear from one of today's sponsors. And I just want to thank you guys in advance because while I understand ads are not always the most fun thing to listen to, it does help keep this podcast free. So let's hear from our first sponsor.

Today's episode of Serialistly is brought to you by Progressive Insurance. Now, most of you listening right now are probably multitasking. Yes, I know you are. While you're listening to me talk, you're probably also driving, cleaning, exercising, or maybe even grocery shopping. But if you are not in some kind of moving vehicle, there is something else you can be doing right now, getting an auto quote from Progressive Insurance.

It's easy and you could save money by doing it right from your phone. Drivers who save by switching to Progressive save nearly $750 on average. And auto customers qualify for an average of seven discounts. Discounts for having multiple vehicles on your policy, being a homeowner, and more. So just like your favorite podcast, Progressive will be with you 24-7, 365 days a year, so you're protected no matter what.

Multitask right now. Quote your car insurance at Progressive.com to join the over 28 million drivers who trust Progressive. Progressive Casualty Insurance Company and Affiliates. National average 12-month savings of $744 by new customers surveyed who saved with Progressive between June 2022 and May 2023. Potential savings will vary. Discounts not available in all states and situations.

An official message from Medicare. A new law is helping me save more money on prescription drug costs. You may be able to save too. With Medicare's Extra Help program, my premium is zero and my out-of-pocket costs are low. Who should apply? Single people making less than $23,000 a year or married couples who make less than $31,000 a year. Even if you don't think you qualify, it pays to find out. Go to ssa.gov slash extra help.

paid for by the U.S. Department of Health and Human Services. A few months later, detectives were trying to reach Alexei on April 26, a few days after the hospital staff interviews took place.

Alexi didn't want to speak without a lawyer present, which wasn't an issue, and you can clearly hear the detective say that in the next clip. He just needed to hear that information from Alexi, not from her mother, because again, she is 19 years old, a legal adult. One of the detectives went to Alexi's school, where Alexi completely avoided and ignored him entirely. So later that day, he called Rosa. Hello? Hi, Ms. Rodriguez?

Yes, sir. Hi, this is Detective Gonzales, Artesia Police Department. Who is this? Detective Gonzales, Artesia Police Department. Yes, sir. Hi, I'm calling you today because I tried to get a hold of Alexi at school. Why would you go to school? Why wouldn't you come here to my house? Well, because you told me that I need to speak with the lawyer before you talk to me. But I need to hear that from Alexi first. Would she be willing to just tell me that in person at your house? Okay, why... What...

Yeah, I'll have her tell you. So are you only going to talk to him about the lawyer present? I need to hear it in... I have to be in person, ma'am, so I know it's her. Hello? Hello? Hello? Hi, this is Detective Gonzalez. Okay. Hi, is this Alexi? Yes. Hi, ma'am. I just need to meet you in person. I know your mom told me for you that you want to talk... you'd only talk with the lawyer present. I just need to hear that in person, okay? Well, I will only talk with the lawyer present.

I just have to hear that in person, okay? When would be a good time to meet you to tell me that in person? You can come to my house right now, Detective Gonzalez, if you want to. I'm here and she's here. Okay, that'll work. I'll head that way then. Alright, thank you. Thank you.

Now let's get into the day that Alexi was arrested, May 10th, 2023. I played a short clip in the last video and episode, but this is a part that makes a lot more sense now with this huge wrench that was thrown into the case recently. And like I said before, when I first covered this, just when you think this family cannot behave even remotely like they understand the gravity of the situation or have an ounce of humility, we see this.

Now, I apologize in advance for the sound quality. It is not the best, so definitely rewind if you need to. What is she under arrest for? What do you mean that's all you're going to tell me? She's over the age of 18. I understand that, but I have a right to know as well. We'll tell you that. Okay, then let me know now. Let me know now. I'm giving you the corporation. I told you to answer my question. What is she under arrest for? She's over the age of 18.

What is she under arrest for? No, I'm not bringing her out here yet. Let me know what she's under arrest for. For what? For what? For what? Open count of homicide. And tampering with evidence. Tampering with evidence? At the hospital? Give me a minute.

Okay. I have a right to see a warrant. It doesn't matter if she's over the age of 18. This is my house. You have a right. You have to show me that warrant. I have the detectives here. They want to arrest my daughter. They're saying they have a warrant, but they can't show me a warrant for her arrest. Can I see the warrant? It's an arrest warrant for her. It's not a search warrant for your house. Okay, can I see the arrest warrant? I want to see the arrest warrant. And what will that prove?

And then after that, she doesn't want Alexi to have to do a perp walk and doesn't need to be handcuffed.

She's being arrested for murder. I understand full well being mama bear, don't get me wrong. But again, just the entire gravity of the situation is insane to me. We're not going to be rough with her on anything. We're just going to take her over there and book her. Please don't be rough with her, please. Just bring her out. You can be with her the entire time. You know where the public safety complex is? 3200 West Main? You can follow us over there. I will take you there. You can follow me there.

As soon as I release the criminal complaint to her, she can then give it to you there, okay? When can I get like her bond? What? That's set up by the judge. It's Magistrate Judge Foster. He should be doing it. If it's after 3, he'll be doing it in the morning. Hi. What's your name? Lexi. Okay. So that's where you're social. She don't even know it. Don't know it? Lexi, do you know your date of birth? Yes. Okay. What is it?

Do you have to walk her all the way over there? Can you bring her? Yeah, I'll go get it. Alexi, are you okay with your mom getting a criminal complaint when we get to the detention center? It has your personal information on it. Can you repeat that? Are you okay with your mother getting the criminal complaint? It has your personal identifying information on it. It's your own number, date of birth. Yes. Are you okay? Yes. Okay. Go ahead. I have to serve you first, then your mom can get it, okay? Okay.

I do. He's gonna move his unit around. No medications, anything you need to take while you're in there? No sir, no. Okay. She has still been, um, like bleeding, so I don't know if she needs... Do you have any, I don't know if they have tampons. They do have tampons. Okay. But I'm pretty sure if you take your own... Can she? Yes. Do you want to grab some? Can she grab some of that right quick? Yes. Get your little bag. Go ahead. Go ahead. Go ahead.

Just making sure you're doing okay and just nothing sharp no flammables nothing sharp okay. Okay they're gonna check it when you get over there okay. And then she says Alexi is still bleeding? Does she mean that she's still bleeding from the early morning hours on January 27th months ago when Alexi gave birth and threw her baby in the trash can? Alexi was arrested on May 10th. She certainly didn't appear to still be wounded and bleeding out when she went to

prom with her boyfriend, but if she's still bleeding to that extent, doesn't she need to seek medical treatment because it has been several months now? Or wouldn't that be something to definitely mention if she is about to get booked into jail? Now here is Rosa after Alexi was arrested.

Today's episode of Serialistly is brought to you by Progressive Insurance. Now, most of you listening right now are probably multitasking. Yes, I know you are. While you're listening to me talk, you're probably also driving, cleaning, exercising, or maybe even grocery shopping. But if you are not in some kind of moving vehicle, there is something else you can be doing right now, getting an auto quote from Progressive Insurance.

It's easy and you could save money by doing it right from your phone. Drivers who save by switching to Progressive save nearly $750 on average. And auto customers qualify for an average of seven discounts. Discounts for having multiple vehicles on your policy, being a homeowner, and more. So just like your favorite podcast, Progressive will be with you 24-7, 365 days a year, so you're protected no matter what.

Multitask right now. Quote your car insurance at Progressive.com to join the over 28 million drivers who trust Progressive. Progressive Casualty Insurance Company and Affiliates. National average 12-month savings of $744 by new customers surveyed who saved with Progressive between June 2022 and May 2023. Potential savings will vary. Discounts not available in all states and situations. An official message from Medicare.

This is a criminal complaint.

Okay? This is her copy. She didn't want to give you a copy. She just didn't want to read it, so this is hers, okay? If she needs a copy, we can get her another one.

Also did a search warrant for her DNA. All it is is a buccal swab like when you go to the doctor's office, you open your mouth and you have a cough. Did she do that? Yes. Okay, this is her copy. She didn't want to read it either. This is called return inventory. This is saying what I took for it. Two pairs of buccal swabs sufficient for laboratory testing. Okay? Okay.

Okay, are you going to isolate her? Gary Mitchell just told me, because that's our lawyer, Gary Mitchell, and he said he just wants to keep her safe. If anybody finds out what she did, what they think she did, and she doesn't want any kind of harm. So if you guys could isolate her. I don't want anything to happen. No, I know what you're talking about. He wants her to be put in a special population. That's what that means. Okay. Okay.

No, I can, I'll make sure if she does go out, she shouldn't because she, this is through medical court here in town and she should be seen tomorrow because it is non-violent. She has no prior. She more likely to be released tomorrow. And cause I don't know if the district attorney is going to do a pretrial detention or anything, but if they don't, then she'll see the judge in the morning and then go from there. Okay. What time? It depends on the judge's schedule. He has, I believe 72, 72 hours to see anybody. Okay.

But it just is on a rotating docket. I think the tension starts at 7 in the morning. I'm not too sure right now.

Is it for sure that she will get seen tomorrow? The judge has 72 hours to see her. He has to see her before 72 hours or she gets released. Okay. More likely, she'll be released on an OR. It's called order of recognizance, your own recognizance, meaning we're trusting you to go out there and not commit any crimes, any more crimes, do anything else. You can't leave a certain area, stuff like that. That's more likely what will happen. All right? So that's where you're at right there.

Thank you for being such a master. All right. I'll leave you on to it.

In multiple interviews, Alexi's lawyer was faulting the hospital for giving her morphine and saying that she was just a mother who had just lost her child. I saw hundreds of comments online and over on YouTube saying that morphine is not contraindicated with pregnancy and birth at that stage. And I heard this from a lot of you who have firsthand experience. However, there was something else that her lawyer definitely didn't mention. Manner of death, homicide.

How the injury occurred? Child was tied in a plastic bag. Now, in this autopsy, they said, yeah, there was air in the lungs. The baby took breaths. So how is it not murder? Well, tonight we're going to take a look at the toxicology report. I'm going to put it up on the screen. I can't explain it to you, but caffeine, presumed positive. Morphine, 19 nanograms per milliliter.

and we believe the morphine was administered by the hospital, then Phenermine, 420 nanograms per milliliter. What does this mean? So yeah, what does that mean? I have no idea. I am obviously not a medical professional, but I am pretty sure that you can't take that while you're pregnant. And the full prescription information from the FDA for Phenermine agrees.

Thetamine is strictly warned about during pregnancy because weight loss offers no potential benefit to a pregnant woman and may result in fetal harm. A minimum weight gain and no weight loss is currently recommended for all pregnant women, including those who are already overweight or obese, due to obligatory weight gain that occurs in maternal tissues during pregnancy. Thetamine has pharmacological activity similar to amphetamine.

Animal reproduction studies have not been conducted with Phenermine. So if this drug is used during pregnancy or if the patient becomes pregnant while taking this drug, the patient should be well aware of the potential harm to the fetus.

More than that, the potential birth defects include birth defects beyond one's ordinary background risk, fetal stroke and brain hemorrhage, global developmental delay, bilateral cysts, neural tube defects, cerebral palsy after birth, higher than usual birth weight and head circumference, and preterm labor and preterm delivery. So this brings me back to this staff interview. Once

We all figured out what was going on and I went in there. She essentially was scared. She was worried that she was going to get in trouble. She did have a back and forth with her mother that was just about like, they had said, oh, the mom was upset because she had had sex and hadn't told her. So they were going back and forth on that. And then she was just denying it, which was a little out of the...

Wasn't really, did not have both at that point in time. Right. So the patient was not having sex at this point to her mom? Yeah, she was trying to state that she was still a virgin. After she came in from the bathroom? Mm-hmm. And all the blood and all that? Okay. So, did the pelvic and then I think shortly after that the mom was in the waiting room after that. And then she was just worried, she was asking like what was gonna happen. I told her obviously I did not know.

Is this when she told, when you found out she was worried about getting in trouble? Did she tell you anything like... She didn't say anything about what had happened. She was just essentially worried that she was just going to get in trouble. So that's what I mean. Were those the questions she was asking? Like what's going to happen to me? Like that kind of thing. Did she ever ask about the baby? No. Not once? No.

So her folks, her being in trouble. Anything other that she talked to you about? She did at one point in time when the ultrasound tech was in the room with her ask if there was anything. She pretty much said would there be any bad outcomes.

if she had started taking, stopped taking one medication and stopped taking another? And I said, well, what medications are you talking about? And she said, well, what would happen if I stopped taking birth control and started taking weight loss medications? And I was like, I don't know. That's an odd question. I thought so. You're sure what would happen if you stopped birth control and started weight loss? Mm-hmm.

And she didn't like expand on that? She didn't tell you why she was thinking that? No, it seemed obvious in my head though, so. Could you like tell me why it seemed obvious? Well, it seemed like she'd been trying to hide this pregnancy from her mother for some time. So if you know you're pregnant, you're not going to continue taking birth control pills.

But if you're trying to hide it, you might start taking lots of medications. That's just kind of what it seemed like in my head. Okay. Just want to make sure. Because it seems like it to me, just want to make sure. I'm not thinking... And was the argument between her and her mom pretty heated? I would say heated. It was awkward. Awkward? Yeah. Like they were going back and forth and they were... Her mom was definitely angry. And the patient is 19. Her mom is quite a bit older. Gotcha. And they never once asked about the baby.

during the entire time you had contact with her once she left the bathroom even after they found out that the baby was found and all that they never ask anything about the baby I did go now that I think about it I did go check on the mom just to give her an update and I think she asked about the situation like asked what was going on

I told her I couldn't tell her anything. So I just went to go tell her that she's being transferred to Roswell. Right. And give her an update on her daughter, essentially. And that she asked about what was going on with all of that. She said, what happened to the bathroom? What happened to the bathroom? I said, I can't tell you. Right. But nothing specific saying, what about the baby? Correct.

Today's episode of Serialistly is brought to you by Progressive Insurance. Now, most of you listening right now are probably multitasking. Yes, I know you are. While you're listening to me talk, you're probably also driving, cleaning, exercising, or maybe even grocery shopping. But if you are not in some kind of moving vehicle, there is something else you can be doing right now, getting an auto quote from Progressive Insurance.

It's easy and you could save money by doing it right from your phone. Drivers who save by switching to Progressive save nearly $750 on average. And auto customers qualify for an average of seven discounts. Discounts for having multiple vehicles on your policy, being a homeowner, and more. So just like your favorite podcast, Progressive will be with you 24-7, 365 days a year, so you're protected no matter what.

Multitask right now. Quote your car insurance at Progressive.com to join the over 28 million drivers who trust Progressive. Progressive Casualty Insurance Company and Affiliates. National average 12-month savings of $744 by new customers surveyed who saved with Progressive between June 2022 and May 2023. Potential savings will vary. Discounts not available in all states and situations.

An official message from Medicare. A new law is helping me save more money on prescription drug costs. You may be able to save too. With Medicare's Extra Help program, my premium is zero and my out-of-pocket costs are low. Who should apply? Single people making less than $23,000 a year or married couples who make less than $31,000 a year. Even if you don't think you qualify, it pays to find out. Go to ssa.gov slash extra help.

So Alexi was indeed taking some sort of diet pills, clearly. So was she doing this to hide the pregnancy? Did she truly not know that she was pregnant and just thought that she was gaining weight and needed to take these pills to lose it? But more than that, where did she even get these pills? Were they prescribed to her?

Now, the next thing, according to court records in Eddy County in New Mexico, it appears that there has been an intent to file a wrongful death lawsuit. The filing of wrongful death claims is time sensitive and dependent on the state statute, but typically two years from the date of death.

The biological parents were named in this suit as interested persons by the petitioner. And the petitioner is Arthur Bustos, a lawyer in Las Vegas, New Mexico, who has handled quite a few wrongful death cases, as well as many others. Now, interested person means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.

But what's interesting is that when Alexi was asked if she wanted to put the father's name on the birth certificate, she said no.

Now, for now, we will have to wait for more details to come as all of this unfolds. The way it's listed right now, it doesn't say who it's filed against, but it lists the descendant as Alex Ray Fierro and Alexi and her boyfriend, Devin Fierro. Now, this is a very interesting move, and I was really shocked to see this and wasn't sure what to make of it.

Alexi's lawyer in her criminal case has more than insinuated that the hospital was negligent because of the morphine that they had distributed, because of the pregnancy test, and because they didn't try to save the baby.

But I thought that he was meaning that as far as Alexi's defense for first degree murder, saying she wasn't responsible for the murder. I didn't realize that they were going to try to go after the hospital for wrongful death. And I'm only assuming hospital because like I said, it doesn't currently say, but I'm wondering who else it could be that they're saying is responsible. And then you have Rosa saying this when Alexi was arrested. This is over. I'm coming for

department and the hospital. I am. Yes, ma'am.

So she's coming for the hospital and the police? Why? Is she upset that the hospital allegedly broke HIPAA laws and upset at the police for charging Alexi with murder and tampering with evidence? But at the same time, are they not seeing the same body cam and interviews as everybody else out there? It is baffling. Do you guys have, I'm the charge nurse here, do you guys have any questions for me? Like how big is the baby? It's full term.

What? Nine months? Letty was crying. Let's see. Have you watched the news of the girls that what they do to their babies and what they go to jail? Letty was crying. We know from the hospital staff and body cam footage, when the baby was found, he was described as cold, blue, and purple, with his umbilical cord tattered and wrapped in a plastic bag.

Both the ER doctor and the charge nurse described how heartbreaking it was that they weren't even given a chance to save the baby, meaning that he appeared to be past the point of saving. Maybe there is hospital protocol that life-saving measures must be taken no matter what condition someone is in, but it was very clear in multiple interviews that the hospital staff didn't just fail to do their jobs, this baby was gone.

So once the baby was taken into the trauma room, trauma room. Yeah, he went into trauma too. Okay. Did you have any, what happened, what did you do at that point? I just remember I stayed in there because I actually went to go get Dr. Voskis and then I noticed that the abelicate cord looked like an animal had torn apart.

Like, you know, have you ever eaten string cheese? You know, when you twist it, that's how the bottom of the bellicose cord looked. And I just remember it caught my eye and I was like, God. I was like, this chick really ripped this thing apart. Because those things are hard to cut. So I had called housekeeping, which was Lila, and I was like, hey Lila, I'm sorry to bother you. I said, but I think this patient just had a miscarriage in her bathroom and she left a mess. If you could come and clean it. And she said, okay.

So she came down and she started cleaning it and then she went to pick up the wastebasket and then she put the basket down and she yelled for me. She was like, Lori, come here, the wastebasket's heavy. And I was like, what do you mean the wastebasket's heavy? So when I picked it up and I moved it towards the door, I was like, shit, it is heavy.

So I pulled it out, because it had like a fresh liner inside, so we didn't think nothing of it, because we looked. So when I pulled the liner out, there was like paper towels, and she had, we had rolled trash bags already in there, but she had grabbed a few and like balled them up and put them on top of him. So when I removed them, that's when I noticed the baby on the bottom of the trash can just wrapped in the bag, like,

she had it tight because the top was twisted and then tucked under so it wouldn't open up. So basically if you like... Like when you grab trash and you swing it. Swing it and then you fold it over to put it down or whatever. Yeah, that's how it went. And it was clear? It was a clear bag. It was clear bags. Yes, one of those clear bags. So it was a hospital liner? So you saw the baby inside the bag? Yeah, and then when I picked it up,

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 when we went and got Dr. Vasquez. The nurse said, the church nurse said, the housekeeper and the secretary found a dead baby in the trash can. And so I said, well where? Because now I need to verify if the child is alive.

So, they brought me the trash can, I ran into the trauma 2 room, the resuscitation room, and dumped it out. And it did not take me very long to determine that the child was dead. And I made the decision to not attempt resuscitation. Really, the temperature was cool, and I also did not want to contaminate if it was a crime scene.

And you said, so with the blood in the restroom, you said it was like smeared. Can you describe where all it was smeared at? On the floor, there was some on the toilet, there was some on the wall. Do you remember which wall? Well, there's the one wall that's by the toilet that's closest to it where there's a side rail. There was some blood there. There was quite a bit of smearing on the toilet itself. And then on the floor, it was just...

you know, smit around. Okay. What do you think that is from? I thought she did something to herself physically. Okay. Because she found the way, the interaction between her mother and her daughter

It was weird. But just to make sure, mother is patient's mother and daughter is patient. Yeah, so the daughter is the patient and the mother. The interaction between them after she found out she was pregnant, the way the daughter was reacting about she was adamantly dying, she was in pregnancy, she was denying that she had sex. And you heard her say that? Yes, she was denying that openly.

So what did mom say when she said that? Well, mom was upset. And the mom was saying, I can't believe you. You know you can talk to me. You're supposed to talk to me about this stuff before you were having sex, all those kind of things. She was saying stuff like that, which is pretty common. I mean, this isn't an uncommon thing. I see young girls having sex, and they come in, and they're pregnant, and then the mother is with them and find out, and it's...

upsetting to them, you know what I mean? So it wasn't uncommon that that happens. Finding out your daughter's pregnant is not uncommon. Not the other incident. No, no, no, I've never seen anything like that. Okay, so I want to make sure. No, I've seen lots of young girls come in and find out they're pregnant, and then of course they deny it. It's not uncommon that they deny that, no mom, I haven't even been having sex. You know what I mean? That's a lot of those initial reactions. Because, you know, they...

They feel like they're going to be in trouble, I guess. I don't know what they're feeling. But that's not an uncommon reaction that I see with young girls and their mothers, particularly with their mothers in there, or father, that they'll deny that they've had sex. That's pretty common. All right. And so you said it was Lori that called you, you went in, and the liner was still on? Yeah, there was a clean liner on the top. That's what I was like, what are you talking about? And then she said, pick it up. And when I picked it up, it was heavy.

I was like, holy shit. You know what I mean? I knew right away. I knew that I just went straight to trauma too with the whole trash can. I just went across the hall and broke the baby. So after...

You, Doc, and Chris, you know, decided there was no resuscitation. What did you all do after that? What did you do after that? I made everybody leave the room, and I told Lori to call the police. But then after that, anything else? No, I didn't do anything until the police arrived, and they came and asked me what was going on. And I took them into the room and told them this is what happened, this is what we found, and I haven't talked to them yet.

Okay. I haven't talked, I haven't said anything to them. So between the... Until the officer arrived. So from the time of, you know, declining resuscitation to officer involvement, you didn't have contact with patient or mother? No. Okay. Just want to make sure. No. I didn't go in the room until after the policeman showed up and then I went in there to talk to the patient and asked her why was the baby in the trash can. And what did she say? She said that it just came out of her and she didn't know what to do. That's what she told me.

And did she say it was breathing, not breathing? She didn't say anything like that. She just said it came out and she didn't know what to do. Right. Okay. And at that point, did mom say anything? Mom was kind of a little bit irate, like, oh my God, how could you, you know. But I think the mother was in an assumption that it was a miscarriage. And I told her, ma'am, that is not the case. This is a full-term baby.

that was placed in the trash can. And then she really... And that's when I told the mom, Ma'am, if you can't control yourself, I'm going to have to ask you to leave the room. Because she's 19. She's an adult. Right.

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paid for by the U.S. Department of Health and Human Services. And I even went out there and addressed the family and said, "I'm sorry the police are here now. This is kind of an investigation thing. We need to find out what happened and no one will be allowed back into the working area anymore." And so I kept them in the waiting room. Did they have any comments? Not one.

now i was really surprised not one person asking about the baby it was a lot of his debt visible ways of growth or asking night she had a nice not cheating as though the system is crying and so it's talking about she didn't want to do not one i've never seen in my i'm not deliver multiple babies and i've seen multiple miscarriages and i've never seen a reaction like that and um...

I don't even know what to say about that. I've never seen anything like it in my life. How would you describe the reaction? I think there was no emotion except for herself. And she really wasn't even crying tears. She was just... And the only thing she was upset about was that I think she was going to be in trouble with her mother. That was her only concern, in my opinion. Is there anything we haven't asked you you think we should know? I'm just going to tell you this. I've never, ever seen a reaction like...

I don't even know what to say about it. There was zero emotion. I just, I don't know what to say. I've never seen anything like it. I've seen women that are only married, or not married, but pregnant for six weeks and they lose that baby and they're a mess. You know what I mean? That girl went into that bathroom, made no sounds at all, and the baby came out of her. And had, I don't even know how she functioned that way to do what she did with no emotion.

I've never seen anything like it. It was a pretty good sized baby. It looked term to me. Yeah, me too. 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. I understand that. 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 can just leave the baby and go. 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 also noted in the last episode how there was a little discrepancy regarding if Alexi was told that she was pregnant or not between some of the staff.

These interviews were taken three months after the incident. So is this just a situation where it's just been a while and their memories aren't as fresh? Were some nurses under a different impression than others? Or was this seen as an opportunity to attack the hospital's credibility?

of their entire account of the night based on these statements in hopes to get a wrongful death claim. We also have heard multiple hospital staff indicate that there is a call button for help in the restroom right next to the toilet.

The hospital video surveillance shows Alexi's mom knocking on the door twice, a nurse knocking on the door twice, asking Alexi if she was okay. Alexi also indicated that she was just on her period and walked back to the hospital room like nothing had happened in the bathroom. So you also have Alexi saying that she has never had sex before, over and over and over again, and denying any possibility of her being pregnant.

Not only that, but with the presence of phenamine found in the baby's toxicology report, how on earth is anyone responsible for wrongful death other than Alexi? It really just blows my mind, this wrongful death suit, because I don't see how it can be targeted at anybody other than the hospital. While I understand maybe they're saying the morphine posed a risk,

so did the phenamine that Alexi, the pregnant woman, was consuming herself. And if this baby was beyond life-saving measures when finally discovered in the trash can, how are they at fault for that? Because they didn't

check the box of performing CPR even though the baby was already declared dead? Or how does that work? Because in my mind, and again, I'm not a medical professional, but I would think whoever left the baby in that trash can to die and wrapped the baby in plastic would be the one responsible for the death, not the people who discover and retrieve the dead baby. So how did we get from doing nothing to wrongful death?

I know that this is a civil matter, but is this being used as part of her defense strategy in general? To say, hey, this girl really didn't know that she was pregnant. She was scared. She lost a son. Look, we have a wrongful death suit. She can't be guilty. That kind of thing? My other question is why wouldn't a wrongful death suit have been filed back in February or March?

Or March? Or April? Or even May? Why was it filed after Alexi was arrested? Is it genuine, or is it all part of the murder defense strategy? This is over. I'm coming for the department and the hospital. I am. Yes, ma'am.

There is also one news outlet that claims to have information from an anonymous source. I truly have no idea if what they are reporting is true or not, so please do your own research and form your own opinions on this. The Daily Mail is alleging that an anonymous source says that Alexi's friends knew that she was pregnant and that she told them that she was naming the baby Alex.

Additionally, this anonymous source said that students at her school suspected that Alexi was pregnant, but when it was brought to the school staff's attention, they were simply told not to fat shame.

Now, usually I wouldn't even touch on anything that isn't at least confirmed by multiple reputable outlets. But in this case, it seems like the Daily Mail is the only one saying this. However, these reports about her baby being named Alex were made before the wrongful death documents appeared on the county court's website, showing the baby's name as Alex Ray Fierro.

Today's episode of Serialistly is brought to you by Progressive Insurance. Now, most of you listening right now are probably multitasking. Yes, I know you are. While you're listening to me talk, you're probably also driving, cleaning, exercising, or maybe even grocery shopping. But if you are not in some kind of moving vehicle, there is something else you can be doing right now, getting an auto quote from Progressive Insurance.

It's easy and you could save money by doing it right from your phone. Drivers who save by switching to Progressive save nearly $750 on average. And auto customers qualify for an average of seven discounts. Discounts for having multiple vehicles on your policy, being a homeowner, and more. So just like your favorite podcast, Progressive will be with you 24-7, 365 days a year, so you're protected no matter what.

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Paid for by the U.S. Department of Health and Human Services. So now with all of this, what is the truth? Did Alexi truly not know that she was pregnant? Truly freaked out after giving birth all of the sudden in the hospital? Everything was the hospital's fault and she didn't tamper with evidence. Did her boyfriend Devin know that she was pregnant? Did her boyfriend's mom know? Did Alexi's mom Rosa know?

Did Alexi have a name picked out like her friends are suggesting because she wanted to keep the baby, and this is all a huge misunderstanding? Or does her Alexi really believe she lost the son that she planned on keeping, and it was the hospital's fault that the baby died?

joining me right now in ruidoso new mexico alexis treviso's defense attorney he's back with us tonight gary mitchell gary thanks so much for joining us again tonight autopsy results are out toxicology is out what does it mean to you well it means that this child didn't die like uh everybody thinks and the child wasn't

killed by my client. That's what that means. At the end of the day, we know that there's a major issue with the autopsy and the way they claim that this child died of suffocation. That's not correct. We also know that the hospital committed a major wrong in giving my client morphine

for a lengthy period of time, well over an hour, almost an hour and a half. And we know that the baby had morphine in it as well, which suppressed breathing. So there are many, many issues. We also know this child had certain bacteria that they found at the autopsy, including E. coli, which can cause major problems for a

for a baby or elderly people. We also know that she was positive for COVID and influenza A and B. So we had a very sick child. And we also know that from other forensic pathologists that the type of tests run by the lab, by the Office of the Medical Investigator in New Mexico,

are not classically used. So we had major issues in that regard. And then we've learned that some of the things that the hospital has been saying are incorrect. She never, for example, she never told them that she was a virgin. She never told them that she didn't have sex. That things of that particular nature. So there's a lot.

At what point, because we bring it back to the fact that she goes to the bathroom to deliver this child, at what point did the hospital know she was pregnant? At what point did she know she was pregnant? They knew she was pregnant at 12:51, 51 minutes after midnight. They did not tell her.

She did not know she was pregnant until she had the baby at 1:39, 1:40 in the bathroom. That's when she first learned that she was giving birth. So the hospital knew for 46 minutes that she was pregnant. They didn't tell her. They let her go to the bathroom. And we know that a woman giving birth, particularly a teenager, may feel that

They simply have to go to the bathroom. You use the same or similar muscles in that regard. We also know that they continue to give not only morphine, but five other different drugs, four of which are contraindicated for birth.

for a fetus. So the hospital knew all of this. They didn't stop and not only that, they unhooked her from the IV and allowed her to go to the bathroom knowing that she was pregnant at the time. I mean a cardinal sin in the emergency room. So where

What is the status of the case right now? These results are relatively new. It wasn't known the last time we spoke, at least. So are there conversations going back and forth with prosecutors, or are we just on the track of this thing moving towards a trial? We're on the track of this moving toward a trial. We're in the investigatory stage. At least I am. I'm...

getting my experts, giving them all the materials. Obviously, you know from my conversation with you that I've already talked to certain experts and I have a lot of information about the case. Plus, the trial is not set until next year. We know that the trial date that was set in the fall is going to be moved. And I'm preparing motions regarding

Everything from changes of venue to the misuse of privileged materials to a motion to suppress certain statements and things of that particular nature.

and final question here tonight um alexi your your client she's not behind bars right she she's released and being monitored what's her status tonight and how would you describe her state of mind right now well first of all she's i just graduated high school she stays alone with the exception of her parents and she doesn't go out she stay

And other than visiting a sister or relatives that may come by, she doesn't see any friends. She has no physical contact with her boyfriend, the father of the child. She talks to me and she's in some counseling as ordered by the court. Other than that, there's a very stoic life.

Yeah, Gary Mitchell representing Alexi Treviso. We appreciate your time tonight. Definitely let me know in the comments on YouTube what you make of all of this because my head has been spinning.

According to the court website, it looks like Alexi's trial is now scheduled for January 2024. The one thing that I am extremely curious about will be what comes up in the digital evidence for this case. Because I really do believe that digital evidence recovered from Alexi, Rosa, her boyfriend, her boyfriend's mom, etc. will seal Alexi's fate one way or another. So it'll be very interesting to see if anything comes of that.

If she did know she was pregnant, certainly we will see that through text messages exchanged between her and her boyfriend, possibly even her and her friends, text messages from her boyfriend immediately following the birth and the events that transpired in the hospital, text messages and phone calls made after Alexi's arrest. I think that the digital evidence is going to be absolutely instrumental in this case.

According to her lawyer, Alexi was supposed to be attending New Mexico State University this coming fall. So we don't know if she will be attending. And personally, I don't think so. But we have seen crazier things happen. Literally. This is a case that seems to have everyone up in arms online. Nobody can make sense of it because some are suggesting that Alexi is a victim of her mother's and that she couldn't confide in her mother that she was pregnant.

That that's why this all happened. She was so terrified. She was so scared. She didn't know what to do. While some people are suggesting Rosa did know, which if she did know, I don't understand why they even would have gone into the hospital that night the way they did. I don't know what to make of any of this. So I will be following it very, very closely because I...

I feel like there are just so many answers that we still need and so much information like the digital evidence, like the text messages, like the friends who are going to probably be deposed, the boyfriend's testimony, all of these things that will start helping piece together this insane jigsaw puzzle.

So I will keep you updated. We no doubt will have a part three as soon as that information begins to surface. So if you are not following along on the podcast yet, I suggest taking a quick second to make sure that you do so so that you don't miss that update.

As a reminder today, guys, don't forget to check out the show notes of today's episode to get all of your great deals with today's sponsors. Get your super cozy luxury sheets that are cooling as well at trimiracle.com. Check out zocdoc.com to download the app for free and find a top-rated doctor. And if you're trying to get your debt under control, check out pdsdebt.com to get your quick and easy debt assessment and save on your debt today.

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And I will probably be dropping a bonus episode later this week for you on another true crime case. So make sure to check back. Otherwise, I will see you next Monday, bright and early, for another true crime case, breaking it down with you guys. All right, thanks for tuning in today and listening. I hope you all have a fantastic and safe week. And I will be talking with you again very, very soon. Signing off for now. Have a great week. Bye.

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