Ethics

DA acknowledges unwarranted prosecution of woman for 'clearly not criminal' abortion

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Texas flag and gavel

The district attorney in Starr County, Texas, has agreed to a one-year probated suspension for the murder prosecution of a woman who had a self-induced abortion. (Image from Shutterstock)

The district attorney in Starr County, Texas, has agreed to a one-year probated suspension for the murder prosecution of a woman who had a self-induced abortion.

The district attorney, Gocha A. Ramirez, oversaw an assistant district attorney who pursued the charge, according to the statement of facts in a Jan. 25 agreed judgment of probated suspension.

The Associated Press and the Texas Tribune covered the agreement last week. The Marshall Project noted the Texas Tribune article.

Ramirez falsely told the chief disciplinary counsel that he was not aware of the assistant district attorney’s actions, according to the stipulated facts. The prosecution was for acts that were “clearly not criminal,” the judgment said.

Ramirez’s office dropped the murder charge after the woman spent two days in a detention center.

At the time of the prosecution, Texas law authorized private citizens to sue for damages if a woman has an abortion after cardiac activity can be detected. Texas later banned nearly all abortions after the U.S. Supreme Court overturned Roe v. Wade in June 2022, just months after the woman’s prosecution.

In an interview with the Associated Press last week, Ramirez said he “made a mistake” in the abortion case. He agreed to the probated suspension, so his office can keep prosecuting cases, he said. No one else is facing discipline in connection with the incident, Ramirez told the AP.

Ramirez will pay $1,250 for the chief disciplinary counsel’s attorney fees and expenses. The suspension won’t take effect unless Ramirez fails to meet terms and conditions that include refraining from other violations of ethics rules.

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