McALLEN, Texas — In Starr County, Texas, officials who wrongfully arrested and charged a woman with murder after a medicated abortion have been denied the chance to avoid accountability, according to an ACLU press release.
The Starr County district attorney, assistant district attorney and sheriff violated the woman’s constitutional rights when they chose to investigate and arrest her unlawfully. Texas law, as described by the ACLU, explicitly bans the criminal prosecution of pregnant people for having abortions. Nonetheless, public officials moved forward with the investigation and arrest.
The officials filed a motion for summary judgment in an attempt to avoid a trial and responsibility, the ACLU reported. Attorneys for the woman filed a brief in opposition, citing numerous examples of illegal behavior and misconduct surrounding the indictment, including attempts to cover up their actions.
“Lizelle Gonzalez’s highly personal decision regarding her pregnancy was not, and never has been, a criminal matter — yet the Starr County District Attorney, his assistant district attorneys, the Starr County Sheriff’s Office ignored the clear language of the Texas homicide statute and long standing law to wrongly charge her with murder,” Cecilia Garza, partner at Garza Martinez and local counsel for Gonzalez, said. “These officials abused their power and intentionally violated Ms. Gonzalez’s fundamental rights. Their wanton disregard for the rule of law and erroneous belief of their own invincibility is a frightening deviation from the offices’ purposes: to seek justice. I am proud to represent Ms. Gonzalez in her fight for justice and redemption, and our team will not allow these abuses to continue in Starr County or any other county in the state of Texas.”
The civil lawsuit against the Starr County officials seeks to ensure that those in positions of power are held accountable for abuses of power and violations of the law.
Despite the charges being dismissed, Gonzalez has still faced severe consequences from the officials’ unlawful actions, the ACLU reported. The case drew national media attention, and she spent three days in jail before her release on a $500,000 bond.
“Lizelle Gonzalez’s life has been forever changed by the cruel and unconstitutional actions of Starr County’s elected officials,” Lauren Johnson, director of the ACLU Abortion Criminal Defense Initiative, said. “Lizelle deserves justice for the trauma they have caused her and her family — and each of us deserve to be free of targeting by officials who ignore the law to unlawfully charge and arrest based on personal beliefs. We will continue fighting against the criminalization of people for the private decisions they make related to their pregnancy.”
