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An attorney acting for Alexee Trevizo, the New Mexico teenager accused of murdering her baby, says hospital staff are to blame for the infant's death and not her.

An attorney acting for Alexee Trevizo, the New Mexico teenager accused of murdering her baby, says hospital staff are to blame for the infant's death and not her.

Trevizo, 19, gave birth in the bathroom of the Artesia General Hospital on January 27 after showing up complaining of back pain.

After delivering her baby boy alone, she put his body in a trash can for cleaners to find. She claims he was a still born

Prosecutors say she killed him by strangling him, hinging their theory on the fact the baby had air in his lungs when he died.

They are fighting to not only have the charges against her dismissed - but to prove the boy died before she gave birth to him.

In legal filings obtained by DailyMail.com, Mitchell says hospital staff and city workers violated HIPPA laws by sharing her medical records and discussing the case.

He also claims that by the time the case goes to trial, it will become clear that she didn't strangle the infant.

They are fighting to not only have the charges against her dismissed - but to prove the boy died before she gave birth to him.

In legal filings obtained by DailyMail.com, Mitchell says hospital staff and city workers violated HIPPA laws by sharing her medical records and discussing the case.

He also claims that by the time the case goes to trial, it will become clear that she didn't strangle the infant.

'The fact is, she did not kill her baby. The testing [that was done] to determine that she did is so antiquated that it is medieval.

'There was no strangulation. This is not a murder case,' he said.

Mitchell says he will show how Alexee was given a cocktail of drugs that are inappropriate for pregnant women much less those in labor.

'This certainly was the primary cause of death of the baby. Guess what does cause major breathing issues in fetuses? Morphine,' he said.

Mitchell says a toxicology report shows the baby had 0.19 nanograms of morphine in his system when he was born, and that he also tested positive for COVID-19, influenza A&B and SARS.

He maintains that Alexee did not know she was pregnant despite gaining weight and developing a bump that was clearly visible through her cheerleading clothes.

'You know, women will say to me “she gained 10 or 15lbs so she must have known” but she was on her period when she went into the hospital.

'Scientifically, 1 in 2500 women do not know they are pregnant when they deliver – especially teenagers.

'She went to McDonald’s every day with her boyfriend. She thinks putting on the weight is normal. She was taking birth control and had a period. She didn't feel kicking, she didn't feel sick.

Alexee's attorney Gary Mitchell says she has been convicted on social media and by the press

Alexee's attorney Gary Mitchell says she has been convicted on social media and by the press

'Why would she think she was pregnant?'

Mitchell says staff unintentionally continued giving Alexee drugs that would harm the baby's breathing for too long.

'On January 26, she goes to the hospital and arrives at 12.03am. By 12.05am she is admitted. At 12.18am, they start giving her muscle relaxants.

'At 12.28am, they give her morphine, and they also give her more pain medication. That continues for 111 minutes.

'They give her ketorolac, which you are not meant to give to pregnant women, and ondansetron for nausea.

'They give her Cyclobenzaprine, a muscle relaxer, acetaminophen, and morphine, which you are definitely not meant to give during labor.

'At 12.28am, she is given morphine and blood tests. By 12.51am they knew she was pregnant.

'At 1.39AM, she enters the bathroom. They had removed the IV so she could go to the bathroom.'

Prosecutors say Alexee knew she was pregnant but was desperate to hide it from everyone.

After giving birth in the bathroom, she placed the baby in a trash can and covered him in a bin liner.

The infant was discovered by a hospital cleaner who was left traumatized by what she found.

Photo: Trevizo, 19, gave birth in the bathroom of the Artesia General Hospital on January 27 after showing up complaining of back pain. She is shown with her mother and a nurse. Alexee's lawyer says she was pumped full of drugs that led to her baby's death

Source: DailyMail