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An abortion expert is weighing in on the Lizelle Gonzalez case following a U.S. district judge’s ruling that the case can proceed after motions by defense attorneys to have the case dismissed were denied.
Attorneys representing Starr County, District Attorney Gocha A. Ramirez, Assistant District Attorney Alexandria Lynn Barrera and Sheriff Rene Fuentes had filed motions to dismiss the lawsuit filed by attorneys representing Gonzalez.
Gonzalez, who was previously identified in jail and court records as Lizelle Herrera, filed the lawsuit in federal court after she was falsely indicted and jailed on April 7, 2022 on a murder charge for having a self-induced abortion.
Blake Rocap, who is the director for the Sissy Farenthold Reproductive Justice Defense Project Rapoport Center for Human Rights and Justice at the University of Texas School of Law, described the lawsuit as slightly unprecedented due to the nature of the lawsuit.
“It is a little unprecedented because it is very rare that people that are indicted after their arrest for something that is clearly not a crime or that they’re clearly excluded from prosecution for — which is the case,” Rocap said. “Nothing she did could she be prosecuted for.”
Gonzalez’s attorneys filed a lawsuit in federal court in March. During a hearing last Thursday, defense attorneys argued that their clients have qualified and absolute immunity, which protects government officials from lawsuits. The court denied the motions.
One of the motions filed by the defense argued that the claims made against the county are “uniquely tethered” to the prosecutors because of the alleged grand jury presentation.
“But as prosecutors bringing criminal cases on behalf of the State, the District Attorney and ADA function as an arm of the State and enjoy the sovereign’s immunity,” the motion read. “That immunity should, therefore, extend to the County for the alleged misconduct that occurred in the process of bringing the criminal case on behalf of the State.”
Rocap explained that Texas law prohibits physicians or anyone else from providing abortion care for a pregnant individual. He said that a pregnant woman cannot be prosecuted for her own abortion.
“The law states that a pregnant woman can’t be prosecuted for her own abortion, basically,” Rocap explained. “The crime that’s created is for a physician or someone else who provides the abortion care to the pregnant person. It’s exceptionally clear that she can’t be prosecuted.”
He said that it is unclear why the district attorney and assistant district attorney proceeded to indict Gonzalez.
She was released from jail on Saturday, April 9, 2022. The following day, the district attorney released a statement in which he dismissed the indictment against Gonzalez.
“In reviewing applicable Texas law, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her,” the statement read.
Ramirez said that the sheriff’s office did its duty in investigating the incident.
“Although with this dismissal Ms. (Gonzalez) 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. (Gonzalez) and her family,” Ramirez said in the statement. “To ignore this face 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.”
Rocap was critical of the district attorney’s decision to pursue the indictment against Gonzalez, citing Texas Health and Safety Code which states, “This chapter may not be construed to authorize the imposition of criminal, civil, or administrative liability or penalties on a pregnant female on whom an abortion is performed, induced, or attempted.”
The State Bar of Texas’ Office of Chief Disciplinary Counsel fined and imposed a probated suspension against Ramirez in February as a result of the indictment against Gonzalez. He was fined $1,250 for violating the Texas Disciplinary Rules of Professional Conduct. His suspension began on April 1 and will end on March 31, 2025.
“It’s understandable that people who are not lawyers may not exactly understand the nuances of it, but this part of the law is quite clear,” Rocap said. “I can’t speak to what they were thinking or know if there was any sort of other personal animus against Miss Gonzalez that they were trying to use the law as a way to harm her for some other reason and thought that maybe no one would notice or who knows?”
“Obviously, legally, what they did was absolutely incorrect,” he continued. “You can see that by the very quick dismissal of the charges and by the State Bar sanctioning the DA.”
Editor’s note: This story has been updated for clarity.
