top of page

Woman imprisoned for abortion, wrongfully charged with murder, cleared to sue prosecutors, sheriffs for $1M

Writer's picture: Victor NwokoVictor Nwoko
Lizelle Gonzalez listens as a statement is read aloud by her lawyer Cecilia Garza during a press conference held in Garza’s office on April 2, 2024, in Edinburg, Texas
Lizelle Gonzalez listens as a statement is read aloud by her lawyer Cecilia Garza during a press conference held in Garza’s office on April 2, 2024, in Edinburg, Texas

Lizelle Gonzalez, 26, who spent two nights in a Texas jail after being wrongfully charged with murder for a self-induced abortion in 2022, has been permitted to sue prosecutors and sheriffs, seeking $1 million in damages.


In a lawsuit filed in March, Gonzalez named Starr County District Attorney Gocha Allen Ramirez, assistant DA Alexandria Barrera, and Starr County itself. She claims that the prosecutors' "illegal and unconstitutional actions," which included charging her only to dismiss the case days later, caused her humiliation and violated her civil rights.


Prosecutors attempted to have the case dismissed, but U.S. District Judge Drew Tipton, a Trump appointee, refused to do so during a hearing. Ramirez was disciplined for bringing the charges against Gonzalez, violating the Texas Disciplinary Rules of Professional Conduct. He received a one-year probated suspension for allowing Barrera, under his supervision, to pursue charges not supported by Texas law.


In Texas, abortions are prohibited with few exceptions, but state law exempts women seeking abortions from criminal charges.


The Associated Press reported that an attorney representing the defendants called Gonzalez’s situation “at worst a negligence case” and acknowledged that the Starr County DA had admitted to mistakenly charging her. Ramirez settled with the State Bar of Texas, paid a $1,250 fine, and agreed to a one-year probated suspension of his license.


Gonzalez, who self-induced an abortion at 19 weeks pregnant using misoprostol, argues that Starr County Memorial Hospital violated her privacy rights by reporting the abortion to authorities months later. She later received a caesarian section to deliver a stillborn child.


Judge Tipton allowed Gonzalez’s lawsuit to proceed but questioned her attorneys on whether they could prove that the defendants knew about the state exemptions for abortion-related murder charges.


David Donatti, Gonzalez’s attorney from the Texas chapter of the American Civil Liberties Union, emphasized that prosecutors should be aware of the laws they are enforcing. "It is the role and function of prosecutors to be aware of the elements of the statutes that they are charging," he said.


In the lawsuit, Gonzalez alleges that the prosecutors acted "recklessly and callously" and maliciously prosecuted her. She is also suing the Starr County Sheriff’s Department and Rio Grande Police Department for failing to properly investigate the indictment against her.

Comentários


Top Stories

Stay up-to-date with the news straight to your inbox. Sign up for our weekly newsletter.

Thank you for subscribing!

  • Instagram
  • Facebook
  • Twitter

© 2021 by Naidja Scoop. All rights reserved.

bottom of page