The trial of Alexis Avila, the 18-year-old Hobbs mom accused of throwing her alive newborn into a trash dumpster on January 7, 2022, is scheduled to begin today, Tuesday, April 11. The trial will take place at the historic Lea County Courthouse in Lovington. It is scheduled to run four days, although an extension is likely.
Avila is accused of “Child Abuse Causing Great Bodily Harm” – a First Degree Felony.
Avila’s trial was initially scheduled to start on Dec.19, 2022 but was delayed.
Change of Venue Motion Denied
Earlier this year Avila’s defense filed a motion for a change of venue to Lincoln County, arguing that Lea, Chaves and Eddy counties, as well as the Ninth Judicial District Court Roosevelt County (Portales), were all unsuitable for the trial due to mass media coverage. According to the defense, this media coverage resulted in prejudicing some potential jurors. As previously reported by the Lea County Tribune on March 13, Judge William G. W. Shoobridge denied the motion.
April 3 Hearing to Exclude Evidence and Expert Witness Testimony
Last week during a hearing before judge Shoobridge, the State of New Mexico motioned to exclude from the trial evidence and the testimony of expert witness Dr. Susan Cave. Dr. Cave is a clinical psychologist who evaluated Avila in May 2022 and again in February 2023.
The state’s argument for exclusion was that the name of Dr. Cave and evidence were only received by them last month, not providing enough time for “…the state to move forward in a concise, timely manner” states a NewsWest9 news report. The state’s attorney Alyssa Cervantes is quoted as saying, “We’re asking the court to find that this not only was untimely, was not only [a] clear violation of the rules, but it does prejudice the state and the court from moving forward in a concise, timely and prepared manner to conduct a meaningful trial next week.” Cervantes added, “I’d argue [Dr. Cave] is not licensed or qualified to opine about how this defendant’s mental state impacted specific intent in this case.”
Dr. Cave attended the hearing and after being sworn in was questioned by both the state and the defense.
The fact that Dr. Cave did not review the three-hour interview conducted shortly after the offense between Avila and law enforcement was noted by the state. Also, noted by the state was that Dr. Cave did not review Avila’s medical records before her May evaluation of Avila. Instead, she relied “…on self reports from Avila and her mom,” states NewsWest9. Also, brought out was that the state has not received a copy of the report of Dr. Cave’s February 2022 evaluation of Avila.
During her testimony at the hearing, Dr. Cave said that her diagnosis of Avila’s condition is “bipolar 1 disorder.” Dr. Cave also said that Avila denies knowing that she was pregnant or remembering her actions on the day of the incident.
Although Dr. Cave’s qualifications and evidence remain questioned by the state, the defense remains firm that she is qualified and that her evaluations are accurate.
Judge Shoobridge asked the defense to send Dr. Cave’s reports to him for his review. He made no conclusions at the hearing. The trial, if all goes as planned, will start today with numerous questions remaining. Media coverage is likely to be intense as this incident has brought national attention to Lea County.
