Law&Crime Sidebar - Court Claps Back at Teen Mom After Baby Nearly Freezes in Dumpster

Episode Date: November 28, 2025

A New Mexico teen who gave birth and threw her newborn baby into a dumpster has had her conviction appeal denied. Alexis Avila was convicted of attempted first-degree murder and child abuse involving great bodily harm. On appeal, her attorneys argued that jury instructions on mental health were confusing and claimed ineffective assistance of counsel for not pursuing an insanity defense. Law&Crime's Jesse Weber breaks down the disturbing case, the arguments on appeal, and why the court upheld Avila's conviction.PLEASE SUPPORT THE SHOW:Join CROWDHEALTH and say goodbye to insurance headaches. Use code SIDEBAR to get your first 3 months for only $99/month at joincrowdhealth.comHOST:Jesse Weber: https://twitter.com/jessecordweberLAW&CRIME SIDEBAR PRODUCTION:YouTube Management - Bobby SzokeVideo Editing - Michael Deininger, Christina O'Shea, Alex Ciccarone, & Jay CruzScript Writing & Producing - Savannah Williamson & Juliana BattagliaGuest Booking - Alyssa Fisher & Diane KayeSocial Media Management - Vanessa BeinSTAY UP-TO-DATE WITH THE LAW&CRIME NETWORK:Watch Law&Crime Network on YouTubeTV: https://bit.ly/3td2e3yWhere To Watch Law&Crime Network: https://bit.ly/3akxLK5Sign Up For Law&Crime's Daily Newsletter: https://bit.ly/LawandCrimeNewsletterRead Fascinating Articles From Law&Crime Network: https://bit.ly/3td2IqoLAW&CRIME NETWORK SOCIAL MEDIA:Instagram: https://www.instagram.com/lawandcrime/Twitter: https://twitter.com/LawCrimeNetworkFacebook: https://www.facebook.com/lawandcrimeTwitch: https://www.twitch.tv/lawandcrimenetworkTikTok: https://www.tiktok.com/@lawandcrimeSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Wondery Plus subscribers can binge all episodes of this Law and Crimes series ad-free right now. Join Wondry Plus in the Wondery app, Apple Podcasts, or Spotify. What exactly, what do you think was going to happen? I don't know. You don't know what would have happened? Well, I mean, obviously I know, but I'm in a panic. I don't, I, there's a baby in front of me. I just...

Okay. Mexico teen who gave birth to a little boy and then put him in a trash bag and threw the bag into a dumpster wants her conviction for attempted first degree murder and child abuse overturned. She was given a prison sentence but believed that whole conviction should be overturned. Well now the appeals court has made a ruling. We're going to take a look back at this disturbing case. The arguments she made on appeal and why the panel of judges said those arguments just don't work. Welcome to Sidebar. Presented by Law and Crime, I'm Jesse Weber. Well, it is that season again, open enrollment, comparing the exploitative premiums and fine print of health insurance.

It's pretty chaotic to say the least. Here's the good news. Crowd health is different. Why? The members fund each other's bills directly. If something big happens, you pay the first 500 and the crowd funds the rest. They have a track record of handling major events, including bills over $1 million, giving you confidence that you need. Plus, you get access to low-cost prescriptions, testing, high-quality doctors.

And look, with ACA subsidies expiring, premiums, they're going to skyrocket. And so far, members have saved over 40 million. So this open enrollment, take your power back. Join Crowd Health to get started today for $99 for your first three months. Use code sidebar at JoinCrowdealth.com. CrowdHealth, it's not insurance. You can opt out. This is how we win.

Join CrowdHealth.com. Alexis Avia had just turned 18 in January of 2022. This is when she was caught on camera throwing her baby into a dumpster in Hobbs, New Mexico. An hours later, thankfully, a group of people who were looking through the trash found a bag with the newborn inside. This is something that a judge in this case later called a miracle. Against all odds, this baby survived. Now Avia told police that she hadn't known she was pregnant, said during her attempted murder trial that she had, quote, blacked out during the birth, as well as when she went to the dumpster. What happened?

A jury convicted her in May of 2023 for both attempted murder and child abuse involving great bodily harm. She was sentenced to 18 years in prison, but got two years of credit for time served, so 16 years in prison. But then what happens? Just a few months after the sentence was handed down, now we got this legal back and forth. Stay with me for a second. So Avila appealed, and her attorneys requested that she be released pending the result. of that appeal. The district judge denied that, but then two judges on the appeals court reversed that ruling. So in other words, a villa was released on house arrest, you know, pending the outcome of the appeal. The problem for her, she's now headed back to prison. Why?

That same appeals court considered her arguments, her arguments for why her conviction should be tossed out and they disagreed with her. They upheld her conviction, going back to prison. Now, the appeals court's decision came down earlier this month, and I want to put it into perspective because it puts this whole disturbing case back into the spotlight. So what we wanted to do is dig into the details, go through it all, go through the evidence, go through the arguments that were made to the court, and why the court disagreed, okay? Security cameras near that dumpster, they give us a play-by-play of what happened. Let's start there.

It's a little after 7.30 p.m. on January 7th, 3 people are rummaging through these large trash bins near the Broadmoor Mall. They come across this black trash bag. They pull it out thinking maybe there was a puppy or a kitten inside. And you can see the moment that the woman realizes that the towel inside the bag is wrapped around a baby. His umbilical cord was still attached. Now the woman sat in a truck with the boy to help keep him warm. According to prosecutors, he was out in the cold for around six hours. Investigators went back into that security footage to see who would be so callous enough to throw away a helpless baby, and this is what they found. A white sedan pulls into the mall parking lot and heads directly for those dumpsters, parking beside one.

A woman identified as Alexis Avila gets out, opens the front door to the back seat, grabs a black bag, and lobs it into the open bin. She gets back in the car, drives off. The whole thing took, what, just about 30 seconds? And information about that car is what led Hobbs police to a villa. They brought her into the police station to interview her. She waved her Miranda rights, spoke with the officer about what happened, was a bit cagey at times. She claimed she learned that she was pregnant the day before January 6th when she got medical attention for this ongoing back pain. Take a listen. Right. So I know there's a lot of Kate to talk about and I just want to ask you, you know, why you think you're here or what led us to

us being here all right obviously I do know information and the last thing I want to do is you know it's to start up on a wrong foot and for you to start you know why there's always two sides to the story obviously I'm looking at a evidence standpoint what we what we were called out to there's I don't know what you're going through if you're going through anything we're all humans you know before me being a detective I'm my father you know I'm you know son and stuff like that. We're all human. It doesn't matter what rank we have or how old we are. All right. And that's why, you know, I ask you to come out here and give me your side of the story.

Okay? I'm not here to judge you. I'm not here to question you. I'm not here to accuse you. I'm not here to, you know, belittle you. That's not what I do. That's not my job. So my job is to invest again. That's exactly what I'm doing. All right. So if you can, I would kindly ask you just to tell me the truth and we'll go from there, okay? So you want to tell me what's going on or what happened today or what led to this? I don't, I mean, I can tell you, but I need you to ask because then I can't tell you because I don't... Right. Okay.

So, obviously, I got confirmation that you were pregnant, okay? Right. I felt that out yesterday. You found that out yesterday? Yesterday. Okay. So tell me a little bit more about that. was it really like um so how is it that you found out or how well i've been having back pain like really

bad and i got an accident september of 2021 or two years ago and um i just thought that's what it was and i mean the pain comes and goes and so i didn't really think anything much of it um and it just kept hurting and so my mom took me to the ER and they just said that I had some kind of spray and I don't even know what kind it was and they just gave me medicine for it and it wasn't helping but I still didn't think anything much of it um I gave them my urine sample and see if for infection or anything there was nothing I guess I don't know and then um I just kept hurting and so I went to the clinic and they did a urine sample and they told me I was pregnant and then that's when I found

out. He said it was yesterday? Yesterday. And where did you go? What clinic? What was the one? Del Paso. Okay. Which one? Lee? Yeah, that was. Okay. The one under construction. Right. Who took you? Myself. My parents were at work. Your parents were at work? Yeah. Okay. So I believe your mom said that she had accompanied you or she took you or she went with you? No, she didn't. Okay. I went by myself all right so as I mentioned you before anything I I like to speak you know with the truth obviously okay I spoke to some people and I I know that back in March you know is when you spoke to some people and you told them that you were pregnant so you had prior knowledge all right so I'm not gonna back in

March right you know somebody by the name of Walker do you know any a friend of yours, a school friend of yours, that I spoke with and she's the one that told me that you knew that you were pregnant and that you did not want the child? Walker. Mm-hmm. Her mom is a nurse at the hospital. Locker. She's a friend of yours.

You don't know anybody by that name? No. Not a walker. Okay. Well, that's her mom's last name. But I spoke with her and she's the one that told me. me obviously that you and you had prior knowledge all right like I said if you got be straight forward okay okay so anyway explain to me as far as what happened today

how did your day start today the same as any other day well it was this for the past couple of days okay um it I was in pain I just thought I was a what is it called I I'm sorry. Yeah, I know there's a lot. I understand there's a lot going on. Where you can't poop. Okay, constipation? Yeah, yeah, I just thought that's what it was.

What happened after that? What did you mean? So obviously, I mean, do you... You're an idea what happened. Well, yeah, but, like, I'm... I can't tell you if you... Like, I'm not a very good example. Okay. So obviously you gave birth to a child. Right. I'm trying to find out where it happened, how it happened, or what led to that and stuff like that.

I went to sleep and then I woke up and I went to the restroom and I was just trying and then it came out and I thought it was poop and then it wasn't. Okay. So you were where and you're at your house? Yeah, I was by myself. By yourself? Yes. Okay. I mean, that's not normal, right? Right.

Okay, what happened after that? I was in a panic. I didn't know what to do. Okay. I was scared. Okay. What did you do after? I cleaned myself and I just left it where it was.

And I was scared. I was trying to call my mom, but I couldn't because I was so scared. I think she's going to hate me. Okay. What made you think, though? Just because I just turned 18. I haven't been 18 for a month. And I'm the baby.

Right. I understand. That's a lot to take. Okay. And that's why I'm here getting your side of the story. Um, you're home alone or who was in? No, I was by myself. Okay.

And this happened with the restroom, your restroom? You guys have separate restrooms? No, there's one restroom. There's one restroom. Okay. Okay. What did you do after the fact? What happened? I mean, obviously... Like, I was, I was, I was just cleaning. I was scared. I didn't know what to do.

Okay. And I just wrapped it in a towel. Okay. Did you ever thought of contacting, you know, an ambulance, a fire department, go out there and check you up? I didn't do. I was scared. I didn't know what to do. I put it in the bag. I took it to the car. I when I was in the car

I had two trash bags I took one with me which is the one that I had and then I put it again and then I was I drove around and I didn't know what to do

and I just put it in there okay where did you go where did you drive to JC Penny I was in I was in that area I was I live in that area

so where did you Where did you throw the garbage bag? In the trash. No trash? Okay, did you lock it up and seal it up? With the hair tie. I'm sorry? With the hair tie.

With the hair tie? But I don't even think it stuck because it was broke. Okay. So on the verge of braking. Were you by herself in the car? I was by myself the whole time. Now, Avila asked multiple times if she could see or speak to her mom, but the officer reminded her that she was an adult now and on her own.

So, obviously, you're 18 years of age, you know, right from wrong, right? Right. Okay, so you wrap around a newborn inside a trash bag. In a panic, I'm just turning 18. Right, right. It's not like I've been 18 forever. Exactly, but you know, I mean, if somebody were to wrap you inside a trash can and put a tie on it and you're not able to move.

Well, the tie was broke. Right. I would be able to stick my hand in there. What do you think would have happened? What do you mean? So what do you think would have happened? You never notified law enforcement. You never called for EMS.

I didn't. I'm still in. What exactly? What do you think was going to happen? I don't know. You don't know what would have happened. Well, I mean, obviously I know, but. And I'm in a panic.

I don't, I, there's a baby in front of me. I just... Okay. Do you never notify your mom? Never. No, you never notified anybody? Nobody. Okay, so it's not, you know, it's not normal behavior from any reasonable person to do what you did.

If I'm... What you mean? It's not. In a panic when I just turned 18. Right. It still isn't, though. We're talking about a baby. Well, I know, I know what you mean, but like, I'm...

I get what you mean. yeah let me take a small break okay i'll be right back my mom's coming here in your car um well you're 18 you're of age okay so unless you were juvenile and that would change things but give me just a minute i'll be right back so this officer is only away for a few minutes before you returns and that is when the questioning resumes when i went to my house i just sat on my bed and i was trying to figure out but what i was supposed to do what i what to do at any point did you make anybody aware of it no i'm still in shop okay nobody found out nobody knew about it okay were your parents back home at

the time you were home alone okay did you seek any medical attention or no did you think about you know and what, you know, could end up happening to the baby? Yeah. Okay. My mom said it was in love, but is it okay? Okay. They'll be briefing me here as we go, so last night heard, the baby's okay. Oh, God.

So did you ever, did it ever cross your mind to let anybody know, contact law enforcement, you know, go back? I don't know. Okay. I was still, I'm still in shock the whole time when my parents got home. They just didn't tell them. I was still in shock. I was just in my room. You're in your room?

Okay. Did you ever leave the home afterwards? Did you go anywhere? No. Did you talk to your parents when they got home? Yeah, eventually, but I didn't say anything. So your parents had no knowledge? No knowledge, absolutely not.

And what if I were to tell you that they did have knowledge? They told me they didn't know about it. What would you say then? How? Because I didn't even know. Okay. You didn't know, but yesterday you found out? I mean, what do you mean?

Because I feel like we're talking about two different things, and it's not going well. We're talking about a baby that was thrown in the trash, like garbage, right? And it's a human being. That's what we're talking about. My knowledge is when they found out was when the officer showed up. my house okay so I'm talking about the knowledge of you being pregnant obviously oh because I know that you knew back when you found out you were pregnant I didn't and it wasn't yesterday that's what I know to got it okay I

I don't like I said I don't I don't go that route but I know and I do my investigation prior to even talking to you and you know coming out here and interviewing you okay as I told you I don't I'm not here to judge you There's two sides to a story, but if you can come and tell me that you found out you were pregnant yesterday, and I know that's a lie. Why? Sorry. Go ahead. No, go ahead. Then it changes things because I don't appreciate that. Right. I found out I was pregnant yesterday. Okay.

Because I heard it. The doctor showed me. I knew back in whenever, but I didn't know. Does that make sense? I'm trying to reason your actions. That's what I'm trying to find out. Oh. Yeah, a reason behind your actions. I knew I was too young, but I knew I would be able to do, like, I'm about to graduate school. School's not my worry. I have a stable job. I mean, money's not a worry for me.

So I would be able to, I, I, I, if the baby's okay, I want it. Okay. And whatever I told you, the baby was dead. What would change then? Nothing. All right. Now, the baby's father, who Alexis Avila had indicated was apparently 16 at the time, said in a statement to outlet KRQE that he had known Avila was pregnant,

but that she told him she suffered a miscarriage. He said he learned about the baby ending up in the dumpster at the same time everybody else did. So what happens? A warrant for Avila's car and home was issued, where she lived with her parents, and it turned up blood evidence, according to court documents. Avela tried again during her 2023 trial to explain away her actions on the witness stand, but often reverted back to the excuse that she couldn't remember things because she blacked out. When she told you you were pregnant, what did you think at the time? I'm not sure. I kind of blacked out.

Why did you let that? I was in shock, I guess. What else did she tell you? Oh, I don't remember. Why don't you remember? Because I blacked out. So when you gathered with your family on the sixth, did you tell anybody what the doctor told you? No, man.

Why didn't you tell them? I was still trying to process it myself. what did that look like for you processing it um I wouldn't be able to tell you were you in that moment aware that you will have birth a baby the next day you know absolutely not so this time around when you went to the restroom what happened um I delivered a baby How did that happen? I don't remember.

I just remember sitting there. And then the baby was on the toilet or on the floor? I don't remember if he was in the toilet or on the floor. So what were you thinking in that moment? I was in shock, like, how could this happen? So what did you do? I don't remember. What was the next thing that you remember?

I think when you made my mom watch the police station is about the hospital. hospital. Prior to, prior to the police station and going to the hospital, you don't remember anything that happened with that space. You told us that the day before you left out when the doctor told you that you were pregnant. Yes. Is it something that happened to you before? Yes. How often is this happened to you? Not very often.

Not very often where I completely black out. So we're going to talk a little bit about your memory of that event. Okay? Your recollection of what happened. So you're saying that you do not remember that space of time. Yes, ma'am. You've been in court here with everyone for the last few days, right? Yes, ma'am.

Okay. And you've seen video's played. And what have you learned in that time or provided it to as well as a practical court? Um, that when I delivered the lady, I put them in a, in a towel. I wrapped them up in a towel. And then? What else? And then I put him in the car and I drove away.

I drove away from my house. And where did you go? To the dumpster. What did you do? And then I tossed the baby into the dumpster. At what point did you come to the realization of what happened? Not for a while when I was fully able to comprehend. comprehend and how you and I are speaking for a couple of months.

What happened to make you be able to comprehend and talk about it? I've been in therapy. You're still in therapy at the moment? Yes. Do you understand how your actions affected the baby? Yes. And what are you think of that? That hurts.

That's something that he's never to forget. That's something that's going to live with him for the rest of his life as well as myself. You did tell Detective Paris that you asked if the baby was okay. Why'd you ask him that? Because with overhauled that incident, they still might. What would you have done differently that day? Unsurprisingly, prosecutors push back quite hard against Alexis Avila's excuses. You can confirm that the video that this jury saw is of you throwing your own newborn into a dumpster.

You can confirm that the back that you used to throw your newborn into the dumpsters contained in this evidence bag, can't you? I'm sorry, what's the contents of this bag were used by you, as seen in the video, to throw your newborn into the dumpster, isn't that true? That's the bag that was underage of us. And that's because that was you committing this crime, wasn't it? Yes. And with regards to the, baby, newborn, that was inside that trash bag.

I'm showing the witness, Exhibit 6. It was this baby, wasn't it? Yes, sir. He was your baby, wasn't it? Yes, sir. And you put it in a trash bag, didn't you? What was shown today, yes. I'm showing the witness what's been entered into evidence.

This is in 18, this trash bag. Do you need me to step closer, ma'am, so that you can see, exit at 18? No, I can see. I was just waiting for the question. My question is, is this track back, wasn't it? That's the one that's in the back in, yes. I don't recall the back. Filled with all of these bits of garbage, wasn't it?

I don't recall what was in it? Well, you have eyes, don't you? Yes. You can see the picture, can't you? Yes. Can you see the garbage inside of the bath? Yes. You put your newborn inside of it on January 7th?

Yes. Despite Avila and her defense attorney's insistence that her actions weren't premeditated and that she wasn't a cold-blooded wannabe killer, this jury disagreed. Buried. We find the defendant, Alexis Nicole Agolla, guilty of abuse of a child, resulting in great bodily harm as charged in count one. signed by the four persons. Verdict, we find a defendant, Alexis, Nicole Obila, guilty of attempt to commit first-degree murder

is charged in count one, signed by the four-person. And during her sentencing, Alexis Avila had this to say about her baby. Quote, I regret his first hours of life were traumatic, and I regret that he will always have this in the back of his head and will think, I do not love him, because that's what he'll read and hear. But that's not true at all. I do love him. I truly do. So facing another decade and a half behind bars,

Avela's attorneys filed their appeal. They allege that the jury instructions regarding Avela's mental health were confusing. The appeal also claimed ineffective assistance of counsel. That is basically the allegation that her trial lawyers didn't do everything they could to win the case. The filing also said that Avela's public defender should have put on an insanity defense.

And as I mentioned, she was released on home confinement while this appeal was ongoing, but now more than two years after that appeal was filed, the court came back with its answer. And that answer is that Alexis Avila is going back to prison. So, what did the three judge panel have to say about Avila's arguments? Let's lay it out. For example, Avila argued that the jury was never instructed to consider the defense of insanity. The court points out that Avila and a defense team had previously asserted they weren't trying for an insanity defense, or they didn't notify the court of that. Here's what we know. In May of 2022, this was a few months after Avila gave

birth, she spoke with a psychologist who did a forensic evaluation. A year later, as the case got closer to trial, the defense identified the psychologist on their witness list. The doctor evaluated Avela again at the defense's request, but only one report from the first evaluation was ever produced. The state filed to keep the psychologist from testifying at all, but the defense argued they were not calling her to testify about whether a Vila was insane. They seemingly wanted her to testify only about Avela's emotional state at the time of the crime. The doctor later testified that she had diagnosed a Vila with bipolar disorder, said that after the baby's birth, Avila went into this kind of disassociative state. So the court decided that what's called

a limiting instruction would be given to the jury about the psychologist's testimony. The jury was told that the doctor's testimony could not be used to determine that a Vila was incapable of forming the deliberate intent to kill her baby. So reading now from the appeals court decision, it says, quote, on appeal, defendant now asserts that the district court fundamentally erred by proffering a confusing limiting instruction rather than instructing the jury on insanity. The panel of judges went on to cite a New Mexico Supreme Court case that addresses limiting instructions and provides what the court should tell the jury, either immediately after the

testimony, before jurors are set to begin deliberating or both, quote, you must not conclude from the expert's testimony that the defendant was incapable of forming the deliberate intention to take away the life of another. This expert testimony was admitted solely to assist you in determining based on all the facts and circumstances of the killing, including the defendant's mental condition, whether the defendant, in fact, formed a deliberate intention to take away the life of the victim rather than an unconsidered and rash impulse. Now, the court disagreed with Alexis Avia and her attorneys. They declined to say that an instruction that was previously approved by the state Supreme Court was ineffective in a way or was invalid. And you might be thinking,

okay, so why didn't her trial lawyer, why didn't her public defender argue an insanity plea if Avela's mental health seems to have been part of their trial strategy? Fair question. The district court at the time basically wanted to know the same thing. This is from the court's ruling. Defendant asserted in the pretrial hearing that she only sought to use the psychologist testimony to explain defendant's emotional state at the time at the incident. not to opine on insanity nor incapacity to form intent. Even upon the district court's questioning to clarify the intent of the psychologist testimony, defendant made clear that she was not using the psychologist testimony to support

an insanity defense, asserting that there is, quote, no failure to comply with notice to negate notice of insanity, as those are not the conclusions that the psychologist drew. That's part one. The appellate court also disagreed with Avila's argument that she has a claim of ineffective assistance of counsel, mostly because they say she didn't provide enough evidence of that. Now, they did note that Alexis Avia still has the opportunity to argue that in a habeas corpus petition, that's basically when someone is unlawfully detained. So we will see if her attorneys decide to posit that argument in that kind of filing. Now, putting aside all the

law on a human perspective, here's a little bit of a positive note. That little boy who was tossed in the trash who had this really traumatic, distressing beginning to his life, who was pulled from that dumpster, who was a miracle that he was able to survive that cold night. He is reportedly happy and healthy and living with his biological father's family. That is all we have for you right now here on Sidebar. Everybody, thank you so much for joining us. And as always, please subscribe on YouTube, Apple Podcast, Spotify, wherever you should get your podcast. You can follow me on X or Instagram. I'm Jesse Weber. I'll speak to you next time.

You can binge all episodes of this long crime series ad free right now on Wondery Plus. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify.