This week, the New Mexico Supreme Court will decide whether certain evidence will be allowed in the trial of Alexee Trevizo .

In 2023, police said Trevizo went to Artesia General Hospital for back pain, but staff later found out she was pregnant. Officers said she gave birth in the bathroom and put the baby in a trash can, where the infant was found unresponsive.

On police body camera footage, Trevizo and her mother are heard making statements as doctors gave them the news.

One conversation heard on the recording is:

Trevizo's mom: "How big is the baby?"

Doctor: "Full term."

Trevizo's mom: "What, nine months?"

Trevizo: "Nothing was crying."

This statement and others that followed are not allowed to be used in court after a district judge decided last summer, the statements fall u

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