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Lizelle Gonzalez was arrested and charged with murder in Starr County, Texas, in 2022 after using abortion medication to self-induce an abortion 19 weeks into her pregnancy. The then-26-year-old spent two nights in jail, as her name, mugshot and private medical information made national news, the lawsuit said. The charges were dismissed days later.
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Gonzalez is now suing prosecutors, claiming in her lawsuit they knowingly misrepresented facts and disregarded her rights in order to have her arrested and charged, irrevocably changing the course of her life.
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“We have no doubt that the Starr County District Attorney, and his office, were well-aware that Texas law exempts a woman who receives an abortion, by any means, from a murder charge and yet chose to pursue an unjust and unconstitutional indictment,” Gonzalez’s attorneys, Cecilia Garza and Veronica S. Martinez, told 【 - Free Stock Market Knowledge Sharing 】 in a statement. “Such a flagrant violation of Ms. Gonzalez’s basic civil rights cannot be regarded as a mere ‘mistake.’”
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Prosecutors in Ramirez’s office tried to “pursue criminal homicide charges against an individual for acts clearly not criminal pursuant to Texas Penal Code” and Ramirez “failed to refrain from prosecuting a charge that was known not to be supported by probable cause,” reads the findings of a state bar’s investigatory panel, which Ramirez signed in acknowledgment.
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Barrera, who had only been admitted to practice law in Texas just over five years before the incident, has not faced public disciplinary action for her role in prosecuting Herrera, state bar records show.
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“She was released from custody only after she posted the $500,000 bond and not because the charges were dismissed,” Martinez added. Charging documents confirm Gonzalez’s bond was set at $500,000.
Days after Gonzalez was charged, Ramirez announced his office was dropping the charges, stating she had not committed a criminal act.
“In reviewing this case, it is clear that the Starr County Sheriff’s Department did their duty in investigating the incident brought to their attention by the reporting hospital. To ignore the incident would have been a dereliction of their duty,” he wrote in an April 10, 2022 news release.
But the complaint alleges “based on information and belief,” neither the Starr County Sheriff’s Office nor the Rio Grande City Police Department performed an investigation in the case, rather the district attorney’s office “initiated and performed its own investigation based on reports from hospital personnel.”
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“In this case, the Starr County District Attorney and Assistant District Attorney had absolutely no right to pursue a murder indictment in what was clearly just another effort to exert control over a woman’s deeply personal family planning decision and decision about her own bodily autonomy – and in direct opposition to the vast majority of Americans who support abortion pill access,” Rachel O’Leary Carmona, executive director of Women’s March and Women’s March Network, told 【 - Free Stock Market Knowledge Sharing 】 in a statement.
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“In a world of extremist red-state abortion laws, what we are seeing play out in Texas is some of the most indefensible, most radical instances of state officials going out of their way to punish and control women who desperately need abortion care,” Carmona added.
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