Houston, TX - Marcus Silva filed a lawsuit against three women, alleging that they helped his ex-wife abort their child. After learning of his wife's pregnancy, Silva was initially overjoyed but later claimed that Aracely Garcia, Jackie Noyola, and Amy Carpenter persuaded his wife to terminate the pregnancy. Seeking $1 million in damages, Silva alleges the three women violated Texas law by aiding a self-managed abortion.
Abortion-Inducing Medication
Briscoe Cain. TxStateAlum17, CC BY-SA 4.0, via Wikimedia Commons
The 14th Court of Appeals ruled that complying with the trial court's subpoena would violate the Fifth Amendment right against self-incrimination and blocked the release of certain evidence. Silva's lawsuit points to text messages that suggest the women provided his wife with abortion-inducing medications, specifically Misoprostol and Mifepristone. In these messages, they reportedly discussed ways for her to self-administer the pills at home in Houston.
Further text messages reveal the friends' fear that Silva might "snake his way into your head." One of them advised Silva's wife to "delete all conversations from today" to prevent her husband from discovering their plans.
Alleged Conspiracy
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Silva's legal team, led by State Representative Briscoe Cain and former Texas Solicitor General Jonathan Mitchell, argues that the three women conspired to "murder baby Silva with abortion pills." Though Silva's ex-wife isn't named in the lawsuit, the attorneys plan to call her to testify.
Despite the lawsuit's accusations, the Galveston County District Attorney Jack Roady found insufficient evidence to pursue criminal charges. A trial is set for May 13 in Galveston state court, where the countersuit filed by the three women will also be considered. Their attorney, Rusty Hardin, argues that Silva is not opposed to abortion and that he deliberately withheld knowledge of his wife's actions to use them against her later.
Silva's attorneys remain confident that the Texas Supreme Court will uphold their case.
Contributing reporter CJ Walker can be reached at [email protected]