A Texas district lawyer introduced in a press release on Sunday that he’ll file a movement to dismiss the indictment in opposition to Lizelle Herrera, the 26-year-old girl who attracted nationwide consideration after being arrested on Thursday and charged with homicide after authorities stated she “caused the death of an individual by self-induced abortion.”
“In reviewing applicable Texas law, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her,” stated District Attorney Gocha Allen Ramirez, who represents the counties of Starr, Jim Hogg and Duval.
Ramirez stated within the assertion that he knowledgeable Herrera’s lawyer on Saturday of his plan to file the movement for dismissal on Monday.
Herrera’s lawyer, Calixtro Villarreal, declined to touch upon the information.
“Prosecutorial discretion rests with the District Attorney’s office, and in the State of Texas a prosecutor’s oath is to do justice,” Ramirez added in his assertion. “Following that oath, the only correct outcome to this matter is to immediately dismiss the indictment against Ms. Herrera.”
It is unclear whether or not Herrera is accused of getting an abortion herself or whether or not she assisted another person in acquiring one.
After being arrested on Thursday, Herrera was held on a $500,000 bond within the Starr County jail in Rio Grande City by Saturday, when she was launched and secured authorized counsel. Activist teams protested Herrera’s arrest and have sought to lift cash for her authorized charges.
In his assertion, Ramirez stopped wanting blaming Texas police for making the arrest within the first place.
“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, he said. “To ignore the incident would have been a dereliction of their duty.”
Herrera’s case comes on the heels of a Texas legislation handed final 12 months that bans abortions for individuals as early as six weeks pregnant and permits personal residents to sue anybody who aides an individual in acquiring an abortion, together with medical doctors, awarding them as much as $10,000 for profitable lawsuits. Pregnant individuals themselves are exempt from being prosecuted below the legislation.
Another state legislation additionally handed final 12 months forbids medical doctors and clinics from prescribing abortion treatment after the seventh week of being pregnant and prohibits supply of the drugs by mail.