Posted on 04/11/2022 12:25:47 AM PDT by Coronal
A district attorney in Texas said Sunday that a woman who was arrested on a murder charge related to a self-induced abortion will not face prosecution.
Lizelle Herrera was arrested last week and remained in custody Saturday on a $500,000 bond in the Starr County jail in Rio Grande City for allegedly causing "the death of an individual by self-induced abortion," sheriff's Maj. Carlos Delgado said in an earlier statement.
But Starr County District Attorney Gocha Allen Ramirez said in a statement Sunday that "it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her" under Texas law.
"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," Ramirez's statement continued. "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."
It remained unclear on Sunday whether Herrera was accused of having an abortion or whether she helped someone else get an abortion. Texas has one of the most restrictive abortion laws in the country.
"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 before the district attorney's decision.
Texas law exempted 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,'
(Excerpt) Read more at cbsnews.com ...
Not saying it should be used in this case...
...but can we get around to charging “Prosecutorial Misconduct” on prosecutors who “drop” charges on the alleged breaches of black-letter law?
Not saying it should NOT be used in this case...
Women love being the only people legally allowed to murder someone else.
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