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Texas drops murder charges against woman who had abortion

Big of them, since she did nothing illegal

What a grotesque error:

The murder charge against a woman in Texas in connection with a “self-induced abortion” will be dismissed, a Texas district attorney announced Sunday.

Gocha Allen Ramirez, the district attorney of Starr County, said in a statement that, after reviewing the case, he will file a motion on Monday to dismiss the indictment against the woman, Lizelle Herrera, 26.

“It is my hope that with the dismissal of this case it is made clear that Ms. Herrera did not commit a criminal act under the laws of the state of Texas,” Mr. Ramirez said.

Ms. Herrera was arrested on Friday and detained in Starr County, near the Mexico border, according to a local sheriff’s official. An abortion rights organization, Frontera Fund, said she was released on $500,000 bail on Saturday.

According to the sheriff’s office statement, which was reported Saturday by The Associated Press, Ms. Herrera was indicted on the murder charge after she “intentionally and knowingly” caused the death of an individual by “self-induced abortion.”

Self-managed abortion is any abortion outside of medical care and can include the use of abortion pills. But in dangerous cases, it can include those attempted with supplements, herbs or vitamins; multiple contraceptive pills or emergency contraception pills; or physical trauma.

Many details of the indictment remained unclear on Sunday, including whether Ms. Herrera was accused of having the abortion or aiding one, or how far along the pregnancy had been.

The indictment came months after the Texas Legislature passed several restrictions on abortion. But Mr. Ramirez said that “in reviewing applicable Texas law, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her.”

He also acknowledged that “the events leading up to this indictment have taken a toll on Ms. Herrera and her family. To ignore this fact would be shortsighted.”

Mr. Ramirez and Ms. Herrera’s lawyer, Calixtro Villarreal, did not respond to requests for comment.

It was not immediately known what statute Ms. Herrera was being indicted under. An abortion ban that took effect in Texas in September, known as S.B. 8, prohibits abortion after six weeks but leaves enforcement to civilians, offering them rewards of at least $10,000 for successful lawsuits against anyone who “aids or abets” an abortion.

The Texas Legislature then enacted another law, S.B. 4, which establishes a criminal violation — a state felony punishable by a $10,000 fine and up to two years in prison — for providing medical abortion pills after 49 days of pregnancy, or for providers who fail to comply with a series of new regulations and procedures. That law also exempts pregnant women from prosecution.

Don’t kid yourself, this is where it’s heading. Despite the “pro-life” movements insistence that they do not hold women responsible there is no logic to the idea that abortion is murder but the woman who has one is not a murderer, unless she is forced to do it against her will. At some point they are going to come to a reckoning on that and I’m afraid it’s not going to go well. After all, the whole point of this is to punish women. (We know they don’t really care about murder and they don’t care about children. After all, most of them are just fine with rampant gun violence. )

The details of this case are still obscure but from what I understand she came to a hospital for care after doing some kind of at home abortion and was turned in to the police by someone in there and they threw her in jail with a $500,000 bail. For two weeks. I assume more information will be forthcoming but I find it very difficult to believe there is a good explanation.

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