HOBBS, N.M. (KRQE) – Alexis Avila, facing trial on accusations that she threw a newborn baby in the trash, asked for her trial to be moved. She is asking to change her trial venue from Lea County to Lincoln County.
Investigators say Avila was seen on surveillance video tossing her infant in the trash behind a mall in January 2022. A group of dumpster divers found the baby crying and rescued him.
The news shocked the state and now Avila’s defense attorney is asking a judge to change her trial venue claiming media coverage will get in the way of a fair trial. Avila’s defense attorney, Ibukun Opeyemi Adepoju, said, “A lot of people in Lee county have already formed a fixed opinion about this and a lot of does refer to the information that they have seen through the media.”
The trial is already set for April 11th through April 14th in Lea County. But the state is requesting that the court denies this motion and continue the trial in Lea County in April. State prosecutor Mark Probasco said, “The citation of a lot of news coverage does not meet the burden of showing coverage of inflammatory nature.”
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The state is also arguing that changing the venue to Lincoln county would not be feasible, especially with the number of witnesses being called to testify. Probasco continued, “The need for us to bring in witnesses from Texas, I believe the defense is also bringing in witnesses from Albuquerque there’s approximately two dozen I’m tracking witnesses. Just in terms of accommodations, it’s just not particularly workable for trial to be had in Lincoln county.”
Avila’s defense attorney says if the court rejects moving her trial to Lincoln county she will ask the court to still move the trial outside of Lea County. Judge William Shoobridge says he will write an order on the motion. He’s hoping to have a decision as early as Monday, March 13th.
Avila is facing one first-degree felony count of child abuse causing great bodily harm in the high-profile case in Hobbs. Then-18-year-old Alexis Avila was arrested a short time later, admitting she put the child in a trash bag. Surveillance video also captured the incident.
