The story of Hobbs teenager Alexia Avila allegedly throwing her alive newborn into a trash bin located behind Rig Outfitters and Home Store in Hobbs on January 7 of last year was covered by news outlets all across New Mexico, the entire nation and even overseas. Now that her trial, scheduled to take place in April in Hobbs in New Mexico’s Fifth District Court, is approaching, Avila’s attorney, Public Defender Ibukun Adepoju, has filed a motion for a change of venue to Lincoln County.
Adepoju’s plea, on behalf of Availa, to move the trial from the Fifth District in Hobbs centers around the argument that many potential jurors “…have already indicated prejudice,” states a KRQE News 13 report.
Print and video media coverage about the incident has been comprehensive. Reporters from all over – even Great Britain – flocked to Hobbs to cover the story that three unsuspecting, dumpster divers found an alive newborn baby boy with umbilical cord still attached wrapped in a dirty towel, placed in a trash bag and tossed into a commercial waste bin.
After viewing surveillance video of the incident, Hobbs Police arrested Avila, then 18 years old. During her interview with police, Avila confessed that she had thrown her newborn into the dumpster, telling police she panicked. She is on record as saying during the interview, “I was in a panic, and I didn’t know what to do. I was scared.”
Scope of Change of Venue
Adepoju’s motion is broader than Hobbs. The Fifth Judicial District Court includes Lea, Chaves and Eddy counties. Adepoju argues that all three counties are unsuitable for Avila’s trial because of the vast media coverage, some of which has been prejudiced, that the case has received. Adepoju further argues that the trial should not take place in the Ninth Judicial District Court’s Roosevelt County (Portales), again arguing that as a result of substantial media coverage in the Portales area, potential jurors may already be prejudiced.
According to the KRQE News 13 story, Adepoju argues in her filing that “…the case has received major media attention from Lea County news outlets, nearby newspapers and television stations covering most of the state. Avila’s attorney also argues some media coverage has been prejudicial.”
The KRQE News 13 report continues, “In prepping for the case, Avila’s defense claims it submitted more than 150 potential juror questionnaires to the public in November [2022]. Of those questionnaires returned, only 47 potential jurors said they ‘saw information about the incident but felt they could be impartial.'” The defense also states that “…102 potential jurors … ‘saw information about the incident and indicated prejudice.’”
Adepoju wrote in her filing, “Only a minimal amount of potential jurors indicated they did not see information about the incident.”
As of this writing a ruling has not been made on Adepoju’s motion to change venue. Avila will be tried on one count of “Child Abuse Causing Great Bodily Harm” – a first degree felony.
