During day three of the State vs. Alexis Avila trial, Avila herself took the stand. Before telling her story, the prosecution continued presenting its case to the jury.

The prosecution’s first witness of the day was Dr. Sarah Drennan. Drennan admitted the newborn to Lubbocks’ Covenant Children’s Hospital. Dr. Drennan referred to the child as being “floppy” when he was admitted. During cross-examination the defense asked if medical records listed the child as being “abandoned at birth”.

Neonatologist Dr. Thomas Bowman, who works at Covenant’s Children’s Hospital in Lubbock, was next to take the stand. Dr. Bowman discussed the condition of the newborn, and attorney Luce asked about the period of time it took for the child to move from IV feeding fluid to normal eating practices. The prosecution also asked if the baby had been tested for drugs, including HIV and syphilis. Dr. Bowman stated that the newborn had tested positive for opiates, a treatment used to treat pain or to cause sleep, and the defense talked about certain prescriptions that Avila had been taking. 

The prosecution’s next witness was Hobbs Police Department (HPD) Detective Daniel Perez. Perez is in a special category of witnesses allowed to sit in the courtroom throughout the trial listening to all proceedings. 

Perez, “…testified about the process of tracking down the suspect that the police department believed was responsible for the baby being thrown in the dumpster,” states a NewWest9 news report. 

The state then played video from Perez’s body camera of his interview with Avila. During the interview Avila told Perez that she “had only found out the day before that she was pregnant.” She mentioned that she had been having back pain but thought it was from a September 2021 car accident and that she went to the clinic and after a urine test she was informed that she was pregnant. Perez stated that he had talked with a person who had told him that Avila knew she was pregnant in March, 2021. Perez also stated that Avila has said that she did not want the baby. In the video Avila states that she was scared, that she was alone at the time of birth and that she just left the child there while she cleaned-up. Avila also said that she had gained weight and was eating more but noticed no other changes to indicate pregnancy. According to NewsWest9, “‘Availa said she put the child in a bag and took it out to the car where she put it in another trash bag. She then said that she drove around and didn’t know what to do.’” Perez told the jury that even though Avila did not tell her parents that she was pregnant, he thought they knew. Avila had also told Perez that in August she took two pregnancy tests – one was positive and one was negative – so she did not know.

When Perez was passed to the defense for cross-examination, public defender Ibukun Adepoju asked about Avila’s Miranda Rights and her willingness to cooperate. Adepoju also questioned elements of Perez’s recorded interview with Avila, including Perez’s statement that Avila had known in March that she was pregnant. After more back and forth, Perez was dismissed and the prosecution rested its case.

Immediately, the defense moved for a “direct verdict” on the “Abuse of a Child Resulting in Great Bodily Harm” count, but Judge Shoobridge denied the motion. The trial was recessed for lunch.

After lunch, the defense brought forth its first witness, Dr. Susan Cave. It should be remembered that prior to the trial the state had motioned for Dr. Cave’s testimony to be excluded. Judge Shoobridge denied the state’s motion, although certain restrictions were demanded.

Dr. Susan Cave Testifies

Dr. Cave testified that she had access to Avila’s family members, work history, drug and alcohol use when she interviewed Avila. Cave noted that she had concerns about Avila’s speech and the manner by which she thinks, mentioning that Avila’s thought process is not “abstract”. As a result Avila was given a “cognitive linguistic quick test”. Results show that she is “moderately impaired for attention.” Cave also said that she diagnosed Avila with “bipolar 1 disorder”. Cave stated that although Avila had told a doctor that she had her period during her pregnancy, Cave believed that this was impossible and that Avila’s statement suggests denial. Cave also said that neither Avila or her mother express their feelings well.

Avila Herself Testifies

The highlight of the day was Avila taking the stand. After talking about her home and school life, Avila spoke about going to the hospital with her mother on January 4, 2021. There, she received prescriptions for back pain. Then, alone, Avila went to see her primary care doctor on January 6, 2021. A pregnancy test was administered that revealed her pregnancy. The NewsWest9 report says, “Avila said she blacked out after being told she was pregnant and believed she was in shock from the news.” Avila stated that she did not tell anyone that she was pregnant.

Avila then told the court that she remembers being in bed with back pain and constipation. After sleeping some more, she said that “she went to the bathroom again and delivered the baby. Avila stated that she did not remember the birth and could not recall if the newborn was on the floor or in the toilet. Avila told the defense the next thing she remembered was her and her mother leaving the police station to go get checked out at the hospital.”

Later during questioning Avila told defense attorney Adepoju that she placed the newborn in a towel, then put him in a trash bag and “tossed” him into a dumpster. According to NewsWest9, “…she said she did not fully realize what she had done for a couple of months, after she had been in therapy.”

Avail also stated to the court, “He’s still mine.” 

In cross-examination by the state, Avila confirmed that the “bag” shown to her was the one she used and that the “baby” was hers. All she could say about the pregnancy test she took in August 2021 was that she was a “teenager”. She stated that she did not remember telling people she was pregnant in April 2021. When asked what “blacking out” means to her, Avila said that it is like a ghost. Avila, additionally, confirmed that she knows who the baby’s father is. She has been with no one but him.

After Avila’s testimony, the defense rested its case.

During rebuttal the prosecution called Stephen Astorga, the child’s father. Astorga admitted that he had had a relationship with Avila that resulted in the child. Astorga stated that he was aware of the April 2021 positive pregnancy test. He testified that he did not discuss the pregnancy with Avila and that the first time he saw the child was a week after the boy’s birth. Astorga picked-up the child from the hospital in Lubbock. Astorga stated that the little boy is doing well but may have a heart murmur. The child is also being treated for asthma.

In cross-examination, defense attorney Adepoju stated that Astorga previously testified that he was unaware of the pregnancy.

Judge Shoobridge adjourned the court for the day, stating that jury instructions would be given at 11:00 on Friday, April 14. Closing statements will be made before the jury is dismissed to deliberate.