ARTESIA, N.M. (KRQE)- News 13 is hearing from the defense attorney of the Artesia teen who police say gave birth in a hospital bathroom and threw the baby in the trash, where he died. Her attorney said there’s a lot more to the story.

Gary Mitchell is representing 19-year-old Alexee Trevizo, who is currently behind bars facing a first-degree murder charge. “I think it’s pretty outrageous, actually,” said Mitchell. “She’s in great distress because she’s in jail and never been there before. And didn’t do anything to deserve being there, I don’t care what the State of New Mexico may allege.”

According to police, Trevizo went to an Artesia hospital in January for severe back pain and denied being pregnant. But criminal documents state that lab work at the hospital showed she was pregnant. Police said she then had a baby in a hospital bathroom. An employee cleaning the bathroom later found the newborn boy dead, tied up in a bag in a trashcan, and hidden under other items. Medical investigators listed the cause of death as entrapment, meaning the child was trapped in an enclosed space without oxygen, and listed it as a homicide.

“She’s at the only facility where she can get help and then this happens? I have serious problems with that. I have serious problems with the hospital care, I have serious problems with the records we’re not getting out of this hospital because I don’t necessarily think it’s correct and honest,” said Mitchell. He claims there is more to the story. “They did some lab work but they gave some medication before and gave it anyway and that’s powerful painkillers,” he said.

Mitchell describes Trevizo as a good student involved in cheer and choir, with no history of getting in trouble. He also said she is already committed to New Mexico State University to continue her education.

“I have serious problems with the charge in this case which is first-degree murder. You can bet your life we’re going to defend this tenaciously,” said Mitchell.

The state has filed a motion to keep Trevizo behind bars until trial. Mitchell argues she should be released in part because she never fled after the incident and has no criminal history. He also called bail and bond in the criminal justice system ‘archaic’ and ‘barbaric.’ “She just lost a son. She just lost a child. I mean come on there has to be some common human decency here,” said Trevizo.

A hearing to determine whether Trevizo will stay locked up is scheduled for Tuesday. KRQE reached out to the Eddy County District Attorney’s office for comment but did not hear back.