A Texas district lawyer introduced in a statement on Sunday that he will file a motion to dismiss the indictment versus Lizelle Herrera, the 26-yr-aged girl who captivated nationwide focus after currently being arrested on Thursday and charged with murder following authorities stated she “caused the loss of life of an unique by self-induced abortion.”
“In reviewing relevant Texas legislation, it is clear that Ms. Herrera can not and must not be prosecuted for the allegation from her,” said District Attorney Gocha Allen Ramirez, who represents the counties of Starr, Jim Hogg and Duval.
Ramirez explained in the statement that he informed Herrera’s law firm on Saturday of his program to file the motion for dismissal on Monday.
Herrera’s lawyer, Calixtro Villarreal, declined to comment on the information.
“Prosecutorial discretion rests with the District Attorney’s workplace, and in the Point out of Texas a prosecutor’s oath is to do justice,” Ramirez additional in his assertion. “Following that oath, the only right consequence to this matter is to quickly dismiss the indictment from Ms. Herrera.”
It is unclear whether Herrera is accused of acquiring an abortion herself or regardless of whether she assisted someone else in getting just one.
Right after currently being arrested on Thursday, Herrera was held on a $500,000 bond in the Starr County jail in Rio Grande Metropolis by means of Saturday, when she was released and secured lawful counsel. Activist teams protested Herrera’s arrest and have sought to raise revenue for her lawful fees.
In his assertion, Ramirez stopped quick of blaming Texas law enforcement for earning the arrest in the very first put.
“In reviewing this scenario, it is apparent that the Starr County Sheriff’s Office did their responsibility in investigating the incident introduced to their awareness by the reporting hospital, he claimed. “To overlook the incident would have been a dereliction of their responsibility.”
Herrera’s scenario arrives on the heels of a Texas law handed previous yr that bans abortions for people as early as six months expecting and permits personal citizens to sue any individual who aides a particular person in obtaining an abortion, which include physicians, awarding them up to $10,000 for prosperous lawsuits. Pregnant folks themselves are exempt from currently being prosecuted below the legislation.
One more point out law also passed past year forbids medical professionals and clinics from prescribing abortion medicine following the seventh 7 days of pregnancy and prohibits shipping of the drugs by mail.