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DA moves to dismiss a murder charge against a Texas woman accused of a self-induced abortion

Gateman_Wen

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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 held her 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.

Charges should never have been filed in the first place.

 

The Mark

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Charges should never have been filed in the first place.

I don't know the medical science involved, how would you tell if something like this was "self induced" or a miscarriage?

Edit: And why is it worth asking?

I mean I know why, because abortions must be punished, because every single pregnancy must be protected at all costs, raaaaargh!

Oh, is that child in a bad situation due to their parent's financial situation? **** them, they should have been born wealthier. Down with support programs!
 
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Mr Person

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Taliban references are increasingly accurate.

I wouldn't be surprised if the politicians real reason for this push is trying to get left-lean people out of state. Make them solid red for the senate. Tell the base it's about religion, but have a self-serving motive.
 

lemmiwinx

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What the hell is a self induced abortion? Does it involve a coat hanger or a turkey baster? And how far along was the fetus in question?
 

Cardinal

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Taliban references are increasingly accurate.

I wouldn't be surprised if the politicians real reason for this push is trying to get left-lean people out of state. Make them solid red for the senate. Tell the base it's about religion, but have a self-serving motive.
This has been my theory. It's a response to left wing migration: make the state such a hell hole no educated liberal would possibly want to live there if they have any choice in the matter.

Ironically the solution is for educated liberals to flood the zone. Get out of California -- go to Texas and Florida where your numbers will actually matter. Statistically speaking, you probably can't afford a home in Ca anyway.
 

Plasmaball

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Tiller didn't teach america anything sadly.
These people would execute any doctor who would perform an abortion.

They didn't outright say it but they were happy he was killed.
 

j brown's body

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They made their point.
 

CaughtInThe

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WTF??????

If it's murder then charge her ass with murder!!!!
 

What if...?

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This has been my theory. It's a response to left wing migration: make the state such a hell hole no educated liberal would possibly want to live there if they have any choice in the matter.

Ironically the solution is for educated liberals to flood the zone. Get out of California -- go to Texas and Florida where your numbers will actually matter. Statistically speaking, you probably can't afford a home in Ca anyway.
I think an analysis of red states could yield places where strategic relocation could change the outcomes of elections.

Start small businesses and hire the folks who move there. Do it quietly. Make it a surprise!
 

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I think $5 million for false arrest, emotional harm, and damaged reputation ought to be about right.

The DA has dropped the charges, so they knew from the start this was an illegal arrest. Right?
 

Cardinal

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I think $5 million for false arrest, emotional harm, and damaged reputation ought to be about right.

The DA has dropped the charges, so they knew from the start this was an illegal arrest. Right?

I for one can't see how this wouldn't be a false arrest. Also, as I understand it, the hospital staff reported her to the police. I wonder if they have legal and/or civil liability for false reporting. As I understand it, what the staff did wouldn't fall under the protection of Texas's new law.
 

Rexedgar

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How is bail or bond determined?

the amount
 

MaryP

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I for one can't see how this wouldn't be a false arrest. Also, as I understand it, the hospital staff reported her to the police. I wonder if they have legal and/or civil liability for false reporting. As I understand it, what the staff did wouldn't fall under the protection of Texas's new law.
I didn't know her abortion was a false report. And yes, I believe hospitals are mandated reporters. I know they have to report suspected child abuse and any gunshot wounds. This seems to be the police's screw up?
 

The Mark

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I for one can't see how this wouldn't be a false arrest. Also, as I understand it, the hospital staff reported her to the police. I wonder if they have legal and/or civil liability for false reporting. As I understand it, what the staff did wouldn't fall under the protection of Texas's new law.
This kind of thing is why you don't make things which are vague and easily misunderstood illegal.
 

Cardinal

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This kind of thing is why you don't make things which are vague and easily misunderstood illegal.
Though the Supreme Court did review it, and their conclusion? "Sure! What's the worst that could happen?"
 

tacomancer

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I think an analysis of red states could yield places where strategic relocation could change the outcomes of elections.

Start small businesses and hire the folks who move there. Do it quietly. Make it a surprise!
Hit the big sky states. It wouldn’t take many people.
 

The Mark

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Though the Supreme Court did review it, and their conclusion? "Sure! What's the worst that could happen?"
The position a human holds has no bearing on the chance of their being stupid. Even collectively, although that's supposed to lower the chance.
 

aociswundumho

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Steve Vladeck, a professor at the University of Texas School of Law, said that based on the information available, the murder charge didn’t make sense.

“The Texas murder statute does apply to the killing of an unborn fetus," he said, "but it specifically exempts cases where the person who terminated the fetus is the pregnant woman.”

A good example of what happens when you have politicians making laws - you get this sort of stupid shit where whether or not a murder has been committed depends on who did it. These asshole politicians don't want the bad publicity of charging pregnant women with murder, so they exempted them, but the idiot DA didn't even read the law before signing the indictment, therefore the morons who wrote the law get the bad publicity anyway. The whole ridiculous affair is just part of the clown show that is democracy.
 

MaryP

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A good example of what happens when you have politicians making laws - you get this sort of stupid shit where whether or not a murder has been committed depends on who did it. These asshole politicians don't want the bad publicity of charging pregnant women with murder, so they exempted them, but the idiot DA didn't even read the law before signing the indictment, therefore the morons who wrote the law get the bad publicity anyway. The whole ridiculous affair is just part of the clown show that is democracy.
Democracy ala Texas, maybe. That state has been playing fast and loose with the law for a couple of years now. At some point, they're going to get hauled up short.
 

MaryP

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Though the Supreme Court did review it, and their conclusion? "Sure! What's the worst that could happen?"
They still haven't actually looked at the case, have they? Just denied a stay?
 
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