The story of Alexi Trevisio, a 19-year-old high school senior who gave birth in a hospital bathroom and is now facing murder charges, has gripped the nation. The prosecution alleges that Trevisio suffocated her newborn son and hid his body in a trash can. However, her defense team is weaving a controversial narrative, pointing the finger at the hospital staff and claiming the infant was stillborn.
The Incident: A Hospital Birth and a Chilling Discovery
In January, Trevisio arrived at the emergency room complaining of severe back and abdominal pain. According to her lawyer, Gary Mitchell, she was given a battery of drugs, including morphine, despite denying she could be pregnant. Shortly after, Trevisio went into labor and delivered her son alone in a hospital bathroom.
Surveillance footage shows Trevisio rushing to the bathroom, and according to police statements, a frantic scene unfolded when nurses finally gained access, finding blood and discovering the newborn’s body concealed in a trash bag.
The Defense: Did Hospital Negligence Lead to a Stillbirth?
Trevisio’s lawyer is building a case around medical malpractice, claiming the hospital staff failed to recognize Trevisio’s pregnancy and administered drugs that caused a stillbirth. Mitchell has filed a notice of intent to sue the hospital, alleging their negligence directly led to the baby’s death.
“She went to the hospital thinking that she was suffering from low back pain and severe abdominal pain,” Mitchell told Law and Crime. “But not a single one of them told her that she was pregnant.”
Mitchell argues that the morphine, along with other medications given to Trevisio, led to the infant’s death. He also highlights the presence of COVID-19 and influenza A and B in the baby’s system, suggesting these factors could have contributed to a stillbirth.
The Prosecution’s Case: Evidence of Concealment and Guilt?
While the defense focuses on medical negligence, the prosecution is building a case around Trevisio’s actions after the birth. They point to the concealment of the baby’s body and her initial denials about being pregnant as indicators of guilt.
The prosecution also argues that the presence of air in the infant’s lungs, as revealed by the autopsy, contradicts the claim of a stillbirth. They believe this suggests the baby was born alive and subsequently suffocated.
Legal Expert Analysis: A Risky Defense Strategy?
Jerry Dugan, a former homicide prosecutor and current medical malpractice attorney, shared his insights on the case with Law and Crime’s Sidebar podcast. Dugan believes the defense’s approach of attacking the hospital and medical professionals is both desperate and dangerous. He argues that Trevisio’s actions after the birth are difficult to reconcile with a claim of innocence.
“The first thing I believe an innocent mother under these circumstances would have done would have been a scream yell seek help,” Dugan stated. “When in fact the evidence of concealment and the evidence of guilt are directly connected one to the other.”
Dugan also casts doubt on the defense’s focus on the morphine, pointing out that it’s routinely given to pregnant women in emergency rooms and that the amount found in the infant’s system was minuscule.
The Road Ahead: A Case Reliant on Medical Opinions and Jury Perception
The trial will likely hinge on the testimony of medical experts. The defense will need to convince the jury that the hospital’s actions directly caused the baby’s death, while the prosecution will rely on expert testimony to support their theory of homicide.
However, as Dugan points out, the jury’s perception of Trevisio’s actions and the plausibility of the defense’s narrative will ultimately determine the outcome of this emotionally charged case.