Q1: Are the first-degree murder charges against Alexee Trevizo dismissed?
No. The criminal charges remain active in Eddy County District Court. The Supreme Court ruling concerns the suppression of evidence, which removes specific statements and bodycam recordings from trial without dismissing the criminal indictment.
Q2: Why didn't the officer's presence void doctor-patient privilege?
The New Mexico Supreme Court found that a patient receiving emergency medical care inside an exam room maintains a reasonable expectation of medical privacy. The court ruled that police presence without patient consent does not waive statutory doctor-patient confidentiality.
Q3: Can the body camera footage be used if Trevizo testifies in her defense?
Under New Mexico evidentiary law, suppressed statements barred under privilege generally cannot appear during the prosecution's case-in-chief. However, if a defendant takes the witness stand and offers statements directly contradicting suppressed remarks, prosecutors may seek limited permission to use the footage for impeachment purposes.