A South Texas woman, arrested in 2022 on murder charges after using medication to end her pregnancy, has brought forth new details about her case against local officials. She alleges that a local sheriff and prosecutors violated her constitutional rights. This court filing arrives amidst a growing debate in Texas regarding medicated abortion.
The case of Lizelle Gonzalez highlighted the complexities of criminalizing medication used to terminate a pregnancy. Starr County, located on the Texas-Mexico border, initiated an investigation after hospital staff reported that Gonzalez had taken medication to induce an abortion when she was 19 weeks pregnant. She was indicted and arrested three months later, spending three days in jail before charges were ultimately dropped.
While Texas has strict abortion bans, it is not a crime for a woman to obtain or seek abortion care for herself. The state's restrictions target physicians and those who assist a woman in obtaining an abortion.
According to new filings, District Attorney Gocha Ramirez dropped the charges against Gonzalez after public outcry. Included in the lawsuit is a text Ramirez wrote to his son, admitting he made a mistake and apologizing to Gonzalez.
In a detailed account, Gonzalez's attorneys outlined the events that led the Starr County district attorney, assistant D.A., and the sheriff to pursue a case against her, even though records suggest prosecutors knew her actions did not violate state law.
According to the original complaint, Gonzalez went to an emergency room in January 2022 after taking misoprostol, an abortion-inducing medication. After returning to the hospital with complaints, doctors performed a cesarean section to deliver a stillborn fetus. A nurse reported the procedure to local police, who then contacted the Starr County Sheriff's Office. The nurse later stated that hospital administrators directed her to report the incident, citing a potential change in the law.
The Southern District Court of Texas denied Starr County officials' attempts to dismiss the lawsuit. The court filings allege that the county officials violated constitutional rights by pursuing a murder charge and arrest for an action the law clearly states is not a crime. They also allege that the prosecutors acted outside their prosecutorial capacity.
The A.C.L.U. says evidence contradicts the claim by county officials that they didn't know it was not lawful to pursue a murder charge against Gonzalez. An investigator with the sheriff's office testified that she was instructed to charge Gonzalez with murder.
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