“In reviewing applicable Texas law, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her.” Starr County DA Gocha Ramirez

The Texas woman, 26, is charged with murder and jailed on $500,000 bond after her ‘self-induced abortion’ in case that violates state’s ‘Heartbeat Law’ which bans abortions as early as six weeks

Lizelle Herrera was arrested Thursday after she terminated her pregnancy based on the 2021 Texas Heartbeat Act

Police said she ‘intentionally and knowingly caused the death of an individual by self-induced abortion’

The Heartbeat Act, bans abortions after the detection of embryonic or fetal cardiac activity – typically from after six weeks of pregnancy

She was held at the Starr County Jail on a $500,000 bond

La Frontera Fund, a Texas-based abortion assistance fund, held a protest outside of the Starr County Jail on Saturday morning demanding Herrera’s release

By Saturday night, Herrera was released from custody after an abortion rights advocacy fund posted bail on her behalf

On Sunday, Starr County District Attorney Gocha Allen Ramirez announced that he has filed a motion to dismiss a murder charge against Hererra for performing a “self-induced abortion”  

Starr County District Attorney Gocha Allen Ramirez said Sunday he has filed a motion to dismiss a murder charge against a woman for performing a “self-induced abortion.”
Ramirez said the case stemmed from a report made to police by a local hospital in January.
The Starr County Sheriff’s Office arrested 26-year-old Lizelle Herrera on Thursday and charged with murder after she allegedly terminated her own pregnancy. She’s accused of ‘intentionally and knowingly caused the death of an individual by self-induced abortion, ‘ and held in custody on $500,000 bond.
By Saturday night, Herrera was released from custody after an abortion rights advocacy fund posted bail on her behalf.

It is unclear how far along Herrera was in her pregnancy, but Texas has banned all abortions after the first detection of an embryonic ‘heartbeat,’ which can be detected as early as six weeks into a pregnancy.
The Texas Heartbeat Act bans abortions after a fetal heartbeat is detected, with no exceptions for rape or incest. 
The law’s unusual enforcement measures were meant to insulate it from legal challenges – anyone can bring forth a case against anyone who aids a woman in getting an abortion, other than the woman herself. Such a plaintiff could be entitled to up to $10,000. 

La Frontera Fund, a Texas-based abortion assistance fund, held a protest outside of the Starr County Jail on Saturday morning demanding Herrera’s release.
‘This arrest is inhumane. We are demanding the immediate release of Lizelle Herrera,’ Rockie Gonzalez, founder and board chair of Frontera Fund, told KSTX. 
‘What is alleged is that she was in the hospital and had a miscarriage and divulged some information to hospital staff, who then reported her to the police.’ 
The organization, which acknowledged that details surrounding Herrera’s arrest are still only preliminary, also criticized the recently passed Texas Heartbeat Act.
However, DA Gocha Allen Ramirez speaking on the case said Ramirez said the Starr County Sheriff’s Department “did their duty in investigating the incident brought to their attention by the reporting hospital” but this was not a criminal matter under Texas law.
“In reviewing applicable Texas law, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her.” Ramirez said.

Protestors are chanting for abortion rights and the release of Lizelle Herrera. @TPRNews pic.twitter.com/qxzhhnqhng

— Carolina Cuellar Colmenares (@Wzrd_of_Lnlynss) April 9, 2022

Before the dismissal of the charges against Hererra, the La Frontera Fund, which acknowledged that details surrounding Herrera’s arrest are still only preliminary, also criticized the recently passed Texas Heartbeat Act.
However, District Attorney Ramirez commenting on the case, said the Starr County Sheriff’s Department “did their duty in investigating the incident brought to their attention by the reporting hospital” but this was not a criminal matter under Texas law.
“In reviewing applicable Texas law, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her.” Ramirez said.

The La Frontera Fund protesters had noted that, ‘criminalizing pregnant people’s choices or pregnancy outcomes, which the state of Texas has done, takes away people’s autonomy over their own bodies, and leaves them with no safe options when they choose not to become a parent,’ Gonzalez explained. 
The activist also argued that the bill, which took effect on September 1, 2021, is the most restrictive abortion ban in the country, prohibiting the procedure before many women even know they are pregnant.
It also deputizes private citizens to sue anyone who performs or ‘aids and abets’ an abortion.
‘We want people to know that this type of legislation impacts low-income people of color communities the most when state legislators put restrictions on our reproductive rights,’ Gonzalez told the radio station. 

Despite the criticisms, none of the legal challenges to overturn the law have been successful.
The bill was met with criticisms from pro-choice groups following its enactment in September.
However, none of the legal challenges to overturn the law have been successful, including a case brought to the U.S. Supreme Court in December 2021 and the Texas Supreme Court last month. 
The Texas law conflicts with landmark U.S. Supreme Court rulings that prevent a state from banning abortion early in pregnancy, but it was written in a way that has essentially outmaneuvered those precedents. 
With few options left, Texas abortion providers have acknowledged the law is likely to stay on the books for the foreseeable future. 
The law bans the procedure once cardiac activity is detected, usually around six weeks of pregnancy, and without exceptions in cases of rape or incest.

The Texas Heartbeat Act, which was enacted in September 2021, bans abortions after the detection of embryonic or fetal cardiac activity, which typically occurs after around six weeks of pregnancy.
The law had a fairly swift and easy process of getting passed in the deeply conservative state. It was introduced to the state’s Senate and House of Representatives on March 11, 2021, and was signed into law by Governor Greg Abbott several months later on May 19. 
The law itself took effect shortly thereafter on September 1, with the Supreme Court ultimately denying a request for emergency relief from Texas abortion providers beforehand.
It has since suffered several legal challenges and criticism.
President Joe Biden called it ‘extreme’ and saying it ‘blatantly violates the constitutional right established under Roe v. Wade.’ 
Senator Elizabeth Warren argued that it is time to ‘step up and codify Roe into federal law,’ in response to the state’s ‘heartbeat’ abortion ban.
The law has also inspired several other states to follow suit with similar legislation. 
Idaho last month had become the first state to enact legislation modeled after the Texas statute banning abortions after about six weeks. 
However, the Idaho Supreme Court on Friday temporarily blocked the law, meaning it won’t go into effect on April 22 as planned. 
The Idaho bill also allowed the would-be father, grandparents, siblings, aunts and uncles of a ‘preborn child’ to each sue an abortion provider for a minimum of $20,000 in damages within four years after the abortion. Rapists can’t file a lawsuit under the law, but a rapist’s relatives could.
Besides Idaho, eleven other states have proposed heartbeat bills since 2018; such bills have passed including bills in Ohio, Georgia, Louisiana, Missouri, Alabama, Kentucky, South Carolina, and Texas. 
The Oklahoma House gave final legislative approval on Tuesday to a bill that would make performing an abortion a felony, punishable by up to 10 years in prison and a $100,000 fine.
With little discussion and no debate, the Republican-controlled House voted 70-14 to send the bill to Republican Gov. Kevin Stitt, who has previously said he’d sign any anti-abortion bill that comes to his desk.