When officials in Starr County, Texas, arrested Lizelle Gonzalez in 2022 and charged her with murder for having a medication abortion—despite state law clearly prohibiting the prosecution of women for abortion care—she spent three days in jail, away from her children, and the highly publicized arrest was "deeply traumatizing."
Now, said her lawyers at the ACLU in court filings on Tuesday, officials in the county sheriff's and district attorney's offices must be held accountable for knowingly subjecting Gonzalez to wrongful prosecution.
Starr County District Attorney Gocha Ramirez ultimately dismissed the charge against Gonzalez, said the ACLU, but the Texas bar's investigation into Ramirez—which found multiple instances of misconduct related to Gonzalez's homicide charge—resulted in only minor punishment. Ramirez had to pay a small fine of $1,250 and was given one year of probated suspension.
"Without real accountability, Starr County's district attorney—and any other law enforcement actor—will not be deterred from abusing their power to unlawfully target people because of their personal beliefs, rather than the law," said the ACLU.
The state bar found that Ramirez allowed Gonzalez's indictment to go forward despite the fact that her homicide charge was "known not to be supported by probable cause."
Ramirez had denied that he was briefed on the facts of the case before it was prosecuted by his office, but the state bar "determined he was consulted by a prosecutor in his office beforehand and permitted it to go forward."
"Without real accountability, Starr County's district attorney—and any other law enforcement actor—will not be deterred from abusing their power to unlawfully target people because of their personal beliefs, rather than the law."
Sarah Corning, an attorney at the ACLU of Texas, said the prosecutors and law enforcement officers "ignored Texas law when they wrongfully arrested Lizelle Gonzalez for ending her pregnancy."
"They shattered her life in South Texas, violated her rights, and abused the power they swore to uphold," said Corning. "Texas law is clear: A pregnant person cannot be arrested and prosecuted for getting an abortion. No one is above the law, including officials entrusted with enforcing it."
The district attorney's office sought to have the ACLU's case dismissed in July 2024, raising claims of legal immunity.
A court denied Ramirez's motion, and the ACLU's discovery process that followed revealed "a coordinated effort between the Starr County sheriff's office and district attorney's office to violate Ms. Gonzalez's rights."
The officials' "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," said Cecilia Garza, a partner at the law firm Garza Martinez, who is joining the ACLU in representing Gonzalez. "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."
Gonzalez's fight for justice comes as a wrongful death case in Texas—filed by an "anti-abortion legal terrorist" on behalf of a man whose girlfriend used medication from another state to end her pregnancy—moves forward, potentially jeopardizing access to abortion pills across the country.