Case Study

Holding Government Accountable for Unlawful Prosecution

The Case of Lizelle Gonzalez

Background

In 2022, Lizelle Gonzalez, a mother of three from South Texas, faced an unimaginable ordeal. Following a medication abortion, Ms. Gonzalez was unlawfully arrested, jailed, and charged with murder, despite Texas law prohibiting the criminal prosecution of pregnant women for actions leading to the end of their pregnancy. This case highlights the misuse of power by law enforcement and the legal system, resulting in significant trauma and public humiliation for Ms. Gonzalez.

The Challenge

Ms. Gonzalez’s plight began when the Starr County sheriff, district attorney, and assistant district attorney initiated a criminal investigation, ultimately obtaining an unlawful indictment. Ms. Gonzalez was imprisoned for three days before a $500,000 bond secured her release. Despite the district attorney eventually dismissing the charge, no accountability measures were initially taken against the officials responsible for this gross misconduct.

Actions Taken: In response to these violations, the ACLU, ACLU of Texas, and the law firm Garza Martinez filed an opposition to a motion to dismiss, challenging the unlawful prosecution and seeking justice for Ms. Gonzalez. The legal team argued against the prosecutors’ claims of legal immunity, emphasizing that such immunity does not protect officials who knowingly engage in false accusations and unlawful arrests.

Key Developments:

• Texas Bar Investigation: The Texas Bar investigated the district attorney and found him guilty of professional misconduct, including lying in his response to the investigation and pursuing an unsupported murder charge.
• Community Impact: The actions of the law enforcement officials not only traumatized Ms. Gonzalez but also put her private life on public display, causing lasting harm to her and her family.

Statements from Key Figures:

• Cecilia Garza, Attorney at Garza Martinez Law: “The actions of the Starr County district attorney, assistant district attorney, and sheriff put our client’s private life on display for the whole world. It was traumatizing, humiliating, and impacted her life forever.”
• Adriana Piñon, Legal Director at ACLU of Texas: “We must demand that law enforcement officials commit to using their power responsibly and justly. This egregious constitutional violation cannot be swept under the rug.”
• Lauren Johnson, Director of ACLU’s Abortion Criminal Defense Initiative: “We need to hold prosecutors accountable to stop this abuse of power and put an end to the criminalization of pregnancy outcomes.”

Outcome:

Ms. Gonzalez filed a civil suit in March 2024, seeking accountability and damages from the district attorney, assistant district attorney, sheriff, and county for the wrongful investigation, prosecution, and arrest. This case underscores the importance of holding government officials accountable for their actions and protecting individuals' constitutional rights.

Conclusion:

The case of Lizelle Gonzalez is a stark reminder of the potential for abuse within the legal system and the critical need for vigilant oversight and accountability. Through the efforts of Garza Martinez, the ACLU, and ACLU of Texas, Ms. Gonzalez’s fight for justice continues, setting a precedent for the protection of individual rights against unlawful government actions.