Texas DA to file a motion dismissing murder charge in 'self-induced' abortion case
Category: News & Politics
Via: sister-mary-agnes-ample-bottom • 2 years ago • 89 commentsBy: Cady Stanton, USA TODAY
S E E D E D C O N T E N T
A Texas district attorney said Sunday that he will file a motion Monday to dismiss a murder charge against a woman who was arrested in "the death of an individual by self-induced abortion.
The Starr County Sheriff's Office arrested Lizelle Herrera, 26, on Thursday, outraging abortion rights advocates.
"In reviewing applicable Texas law, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her," County District Attorney Gocha Allen Ramirez wrote in a news release Sunday.
It is unclear whether Herrera was accused of having a self-induced abortion or whether she helped someone else get an abortion, and the sheriff's office did not say under which law Herrera was charged.
In a statement to The Associated Press, the sheriff's office wrote that Herrera was charged after "intentionally and knowingly causing the death of an individual by a self-induced abortion."
In the Sunday statement, Ramirez said the Starr County Sheriff's Office "did their duty" in investigating the incident, which was brought to the attention of authorities by a hospital in the area.
"Although with this dismissal Ms. Herrera will not face prosecution for this incident, it is clear to me that the events leading up to this indictment have taken a toll on Ms. Herrera and her family," he wrote. "The issues surrounding this matter are clearly contentious, however based on Texas Law and the facts presented, it is not a criminal matter."
Texas Senate Bill 8 was enacted in September, banning abortions after six weeks of pregnancy in a state that has the most restrictive abortion laws in the country. The law does not target pregnant people themselves for prosecution and instead is enforceable by private parties who may sue abortion providers who "aid and abet" women seeking abortions.
Herrera was held in the Starr County Jail in Rio Grande City on $500,000 bail until she was released after posting bond and secured legal counsel Saturday evening, according to La Frontera Fund, which is raising money on behalf of Herrera.
A small group of activists demonstrated Saturday outside the jail where she was held.
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I wouldn't mind knowing the name of the hospital employee who thought that calling the police on Ms. Herrera was a good idea.
What would you do after learning the name.
I'd find out what church the snitch goes to and re-gift some type of temporary mental anguish.
Let karma do its thing.
Is karma your version of a sky fairy?
Hello karma!
If you have a point, please make it.
pffft, good luck with that.
Not a point, a question. I’m surprised that you missed the punctuation mark that I used, “?”.
two more deflections should put you right back on topic.
Deflections? SMAAB needed clarification 1.1.5.
I missed nothing. I don't know what a 'sky fairy' has to do with karma, which is why my veiled smart-ass-o-meter was pinging 7 out of 10. However, if you feel I have misinterpreted your interaction with me on this seed, then I apologize.
Is there why I tell you to go spank yourself? If not, then I guess I have to spank myself
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I know very well that karma exists in my case for an event in my life.
The law . . . is enforceable by private parties who may sue abortion providers who "aid and abet" women seeking abortions.
That is called BS - private parties DO NOT have standing as they do not/have not suffered from the action.
Friggin' idiots.
You're wearing this today????
Don't be silly! I'll be right there...
Oh thank God! I hate spanking myself
How did you know? Can you see me?
Giggity.
I wouldn't be surprised it that name will be on a civil suit against Herrera. That's how Senate Bill 8 works.
I hope not. She's been through enough. You're probably right, though.
The law specifically exempts the person who is getting the abortion from being sued.
Both criminally and civilly ?
The law specifically exempts the woman who is getting the abortion from being prosecuted too.
That didn't stop them from arresting her, putting her in jail and demanding a $500,000 bond for her release.
Yes.
She wasn’t arrested for violation of the Senate Bill 8. She was arrested in the Dem stronghold of Rio Grande City for murder.
The law she was charged under is Texas law!
A law that is just being implemented. Badly...
A law that is just being implemented. Badly
I think that District Attorney Gocha Ramirez is a rookie.
Really? Please post a link that supports your claim.
Per the Sheriff, "Herrera was charged after "intentionally and knowingly causing the death of an individual by a self-induced abortion."
WTF does party affiliation have to do with it? Please be specific.
Really? Please post a link that supports your claim.
“Herrera was arrested and served with an indictment on the charge of Murder after Herrera did then and there intentionally and knowingly cause the death of an individual by self-induced abortion,” Delgado said.
Per the Sheriff, "Herrera was charged after "intentionally and knowingly causing the death of an individual by a self-induced abortion."
Yes, charged with murder, not SB 8. See above.
WTF does party affiliation have to do with it? Please be specific.
I found it interesting and perhaps surprising to those here and think only repubs do stupid stuff.
Which fails to support your claim since it doesn't state the statute that she WAS arrested under.
Huh?
Maybe as a mandated reporter the employee had to do that…
No, the employee did not. No crime was committed. There is no mandate to report non-crimes.
This isn't Russia, yet.
pffft, why does it seem like every 400-500 years we need to stuff the stinking crusaders back in their place...
Wow how many reincarnations have you had? What crusade was underway in 1550?
Mandated reporter of what, exactly?
Perhaps he's thinking of child abuse...which abortion is not child abuse
Outstanding. It’s always nice to see a DA behave like a human being.
The gop in Texas keeps blowing itself up...
The gop in Texas keeps doing this to themselves.
The Starr County DA is a Dem that ran unopposed. Rio Grande City is a Dem stronghold.
No, it was the dumbass gop Texass legislature that passed the dumbass Texass law that she was charged under! And, you are too smart to be playing at coy so gawdamn obviously...
Wouldn't it be nice if this November we could turn this state into a lovely shade of blue?
It was the Texas gop legislature passed the law...
This case never had anything to do with Texas Senate Bill 8. I thought you meant the bogus arrest.
Wouldn't it be nice if this November we could turn this state into a lovely shade of blue?
We? JBB lives in NYC, do you live in Texas?
JBB can support Democrats in Texas from NY.
Wait until women who suffer miscarriages at home and do not legally report or medically document them start being charged with murder after being reported under the law!
Let us know who your supporting.
You're. I will send a check to the Democrats running for Governor and Senate plus other Democratic candidates who are viable.
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'We' includes anyone interested in helping Greg Abbott find another line of work.
Now, what are your thoughts regarding the seeded article and/or Ms. Herrera's dilemma?
I was surprised that she was originally charged. Good to see that the DA came to his senses.
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Are there any Planned Parenthoods left in Texas?
Planned Parenthood's Mission Statement:
Help people live full, healthy lives — no matter your income, insurance, gender identity, sexual orientation, race, or immigration status;
Provide the high-quality inclusive and comprehensive sexual and reproductive health care services all people need and deserve — with respect and compassion;
Advocate for public policies that protect and expand reproductive rights and access to a full range of sexual and reproductive health care services, including abortion;
Provide medically accurate education that advances the understanding of human sexuality, healthy relationships, and body autonomy;
Promote research and technology that enhances reproductive health care and access.
Source
Texas has been working against Planned Parenthood for a while now. I was unsure how well they had succeeded.
Thanks for the re-cap?
The news. You may have heard of it.
Texas, for no apparent reason, removed Planned Parenthood from Medicaid. A judge had blocked that law, but Texan successfully worked around that injunction and has removed Planned Parenthood.
Months before Texas’ near-total abortion ban went into effect in September, officials succeeded in their years-long effort to kick Planned Parenthood out of the state’s Medicaid program.
You can't be serious! Google Texas Planned Parenthood and read the many articles going back 20 yrs about antiabortion gop in Texas trying to shut down TX Planned Parenthood.
Or is it re-crap?
It's almost like he doesn't read local Texas news.
And yet, Planned Parenthood is in operation all over Texas.
The triggered factor is exponential on this one .....
They may be, but since you live in Michigan how do you know? What Ozz is saying that TX removed PP from Medicaid
I googled it, unlike others here.
You may have noticed, but ignored because it did not match your narrative, that I never said they "CLOSED" PP locations. I said that they were working 'AGAINST" Planned Parenthood.
" Title 5, Chapter 19 of the Texas Penal Code, which deals with "criminal homicide." It defines "intentionally or knowingly" causing an individual's death as murder, a first-degree felony punishable by life in prison.
Crucially in this context, Chapter 19 says it "does not apply to the death of an unborn child if the conduct charged is…conduct committed by the mother of the unborn child.""
Someone didn't do their L1 homework.