RIO GRANDE CITY, Texas – A murder charge against a Texas woman who authorities said caused “the death of an individual by self-induced abortion” is expected to be dismissed, according to Starr County District Attorney Gocha Allen Ramirez.
Ramirez released the following statement:
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“Yesterday afternoon, I reached out to counsel for Ms. Lizelle Herrera to advise him that my office will be filing a motion dismissing the indictment against Ms. Herrera Monday, April 11, 2022. In reviewing applicable Texas law, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her. 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. Prosecutorial discretion rests with the District Attorney’s office, and in the State of Texas a prosecutor’s oath is to do justice. Following that oath, the only correct outcome to this matter is to immediately dismiss the indictment against Ms. Herrera. 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. To ignore this fact would be shortsighted. The issues surrounding this matter are clearly contentious, however based on Texas law and the facts presented, it is not a criminal matter. Going forward, my office will continue to communicate with counsel for Ms. Herrera in order to bring this matter to a close. It is my hope that with the dismissal of this case it is made clear that Ms. Herrera did not commit a criminal act under the laws of the State of Texas.”
Herrera was arrested Thursday and remained jailed Saturday on a $500,000 bond in the Starr County jail in Rio Grande City, on the U.S.-Mexico border, sheriff’s Maj. Carlos Delgado said in a statement.
“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.
Delgado did not say under what law Herrera was charged. He said no other information will be released until at least Monday because the case remains under investigation.
Texas law exempts her from a criminal homicide charge for aborting her own pregnancy, University of Texas law professor Stephen Vladeck told The Associated Press.
“(Homicide) doesn’t apply to the murder of an unborn child if the conduct charged is ‘conduct committed by the mother of the unborn child,’” Vladeck said.
A 2021 state law that bans abortions in Texas for women who are as early as six weeks pregnant has sharply curtailed the number of abortions in the state. The law leaves enforcement to private citizens who can sue doctors or anyone who helps a woman get an abortion.
The woman receiving the abortion is exempted from the law.
However, some states still have laws that criminalize self-induced abortions "and there have been a handful of prosecutions here and there over the years," Vladeck said.
“It is murder in Texas to take steps that terminate a fetus, but when a medical provider does it, it can’t be prosecuted" due to U.S. Supreme Court rulings upholding the constitutionality of abortion, Vladeck said.
Lynn Paltrow, the executive director of National Advocates for Pregnant Women also noted the state law exemption.
“What’s a little mysterious in this case is, what crime has this woman been charged with?" Paltrow said. “There is no statute in Texas that, even on its face, authorizes the arrest of a woman for a self-managed abortion.”
Another Texas law prohibits doctors and clinics from prescribing abortion-inducing medications after the seventh week of pregnancy and prohibits delivery of the pills by mail.
Medication abortions are not considered self-induced under federal Food and Drug Administration regulations, Vladeck said.
“You can only receive the medication under medical supervision,” according to Vladeck. “I realize this sounds weird because you are taking the pill yourself, but it is under a providers’ at least theoretical care.”
In Rio Grande City on Saturday, the abortion rights group Frontera Fund called for Herrera’s release.
“We don’t yet know all the details surrounding this tragic event," said Rockie Gonzales, founder and board chair of of the organization.
"What we do know is that criminalizing pregnant people’s choices or pregnancy outcomes, which the state of Texas has done, takes away people’s autonomy over their own bodies, and leaves them with no safe options when they choose not to become a parent,” Gonzalez said.
Nancy Cárdenas Peña, Texas State Director for Policy and Advocacy for the National Latina Institute for Reproductive Justice, said in a statement that abortion should be available on the woman's own terms where she feels most comfortable.
"Allowing criminal law to be used against people who have ended their own pregnancies serves no reasonable state purpose, but may cause great harm to young people, people with lower incomes, and communities of color, who are most likely to encounter or be reported to law enforcement,” Peña said.
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Miller reported from Oklahoma City and Hollingsworth reported from Mission, Kansas. Associated Press reporter Juan Lozano in Houston contributed to this report.