Florida lawmakers intervene in case of dying HIV-positive woman

Florida lawmakers, responding to reports on the Michigan Messenger, the Florida Independent and Bilerico, have intervened in the case of Betsie Gallardo and are asking the parole board to release her.

Gallardo is an HIV-positive woman serving a five year prison sentence for battery of a law enforcement agent. While Jessica Bussert maintains Gallardo was convicted of spitting at a police officer, the Miami Herald reports she was convicted of biting a police office. Either way, the charges and punishment were much higher because Gallardo was HIV-positive, Catherine Hanssens of the Center for HIV Law and Policy in New York City tells the Herald.

The 27-year-old woman is dying of stage four gall bladder cancer, which has spread to her intestines. The cancer has created an inoperable tumor which has blocked her intestines making it impossible to eat or drink. Gallardo was reportedly not receiving any type of nutritional or hydration infusion in the prison hospital.

Gallardo’s adoptive mother Jessica Bussert went public on Dec. 23 in a move to get her daughter released from prison so she can die at home. Bussert says she has arranged hospice care for Gallardo in both Indiana, where the family is from, and in the event she is too ill to travel, in Florida as well.

On Dec. 23 Florida prison officials said Gallardo’s case would be reviewed in February — long after she is expected to die from the cancer.

But late on Dec. 24, Florida state Reps. Daphne Campbell, Hazelle Rogers, Ari Porth, Gwendolyn Clarke-Reed, Perry Thurston and Darryl Rouson, as well as state Senator Christopher Smith sent a letter to the Florida Parole Commission. That letter sought a compassionate release of Gallardo. Bil Browning at Bilerico has the full letter:

We urge the Commission to consider all the factors contributing to Betsie’s life challenges. She was born in Miami with the Human Immunodeficiency Virus (HIV), and 3 years later deserted in the slums of Haiti and a victim of human trafficking. Jessica reports that among the perpetrators who victimized her daughter was a Haitian police officer.

We understand that the Commission is not scheduled to meet again until February 24, 2011 and in accordance with Florida Administrative Code Chapter 23A-1.008, the Commission can convene an emergency meeting.

Browning further reports that lawmaker Porth was contacted on Christmas day by Jason Welty of the Florida Department of Corrections. Welty reportedly informed the lawmaker the parole commission with consider the compassionate release of Gallardo in its Jan. 5 hearing.

But that hearing may be too late as well. A Christmas eve update from Bussert notes that while Gallardo is now receiving intravenous saline solution, she is still not receiving any IV nutrition and is growing weaker.