Family Pleads for Release from Prison of Dying HIV-Positive Woman

Jodi Jacobson

An HIV-positive woman in Florida serving a five-year prison sentence for spitting on a police officer is dying from cancer and has one month to live. Her family is pleading for her release so she can die at home.

CBS4 News 4 in Miami is reporting that the family of a dying inmate will ask the Florida parole commission on Wednesday to release her from prison and allow her to go home to her family. The woman, Betsie Gallardo, 27, is dying of cancer and has been told by doctors she has one month to live.

Gallardo is in prison on a five-year sentence for assaulting a law enforcement officer, spitting on him when she was being arrested. Gallardo was born HIV-positive. Her adoptive mother, Jessica Bussert, told CBS4 News that her sentence was made harsher because she is HIV positive.  

HIV can not be transmitted through saliva.

Gallardo is a U.S. citizen whose biological parents moved to Haiti, where she grew up.  Her father abandoned their family and her mother died, leaving both Gallardo and her sister to fend for themselves on the streets in Haiti.

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According to Bussert, “Betsie’s first ten years were full of abuse, physical, sexual, starvation.  She grew up in the poorest slum this side of the planet.”

“As a young girl Betsie always wanted to be a dancer.  Before she made some mistakes she was enrolled in college to study therapy and dance,” said Bussert.

“I’m not saying she did no wrong, but what she did, didn’t deserve dying in prison,”

Gallardo’s family claims she has had poor health care in prison, exacerbating her dire condition.

“By the time we got down here it was three weeks without any nutrition.  She looked like a skeleton wrapped up in skin when I saw her,” said Bussert who claims her daughter was also suffering from a bowel blockage and that the prison denied her intravenous fluids.

Her mother will ask Florida’s parole commission Wednesday, for the second time, to release her to her family.

“This girl is not a threat, a first offender.  This was the first time she got in legal trouble, said Bussert. “I just want to take her home to let her die with those who love her.”

As reported by CBS4, the Florida Department of Corrections issued this statement:

“We are acutely aware of Betside Gallardo’s situation.  The department recommended Gallardo for a conditional medical release in October which was turned down by the Florida Parole Commission.  On December 22nd we received a request from the Parole Commission for an updated medical report for their scheduled February meeting.  This is now in the hands of the Florida Parole Commission.  The Department has provided the Parole Board with an updated medical report.  Her hearing before the commission has been moved up to Wednesday January 5th.  We are required to provide good nutrition and medical treatment to all inmates and that is what we do,” says Jo Ellyn Rackleff.

Advocates are pressing for her release.  Meanwhile Bussert says she also has gotten vital support from Florida lawmakers Daphne Campbell, Hazel Rogers and Ari Porth.  They have written letters to the parole commission on her behalf.

The Pride Center of Ft. Lauderdale is also accepting donations for her hospice care.

If you would like to donate you can contact the Pride Center at PO BOX 70518, Ft. Lauderdale, Florida 33307

News Human Rights

After Suicide Attempt, Chelsea Manning Faces Indefinite Solitary Confinement

Michelle D. Anderson

“Now, while Chelsea is suffering the darkest depression she has experienced since her arrest, the government is taking actions to punish her for that pain. It is unconscionable and we hope that the investigation is immediately ended and that she is given the health care that she needs to recover,” said Chase Strangio, an ACLU staff attorney.

Transgender Army veteran and WikiLeaks whistleblower Chelsea Manning is being threatened with indefinite solitary confinement in connection to her July 5 suicide attempt.

The American Civil Liberties Union (ACLU) said U.S. Army officials notified Manning of an investigation into her suicide attempt. Three serious charges are being brought against her.

A transcribed charge sheet provided by the ACLU shows that Manning is under investigation for resisting force from the cell move team, possessing prohibited property, and engaging in “conduct which threatens.”

Manning, who was arrested in 2010 for releasing classified government documents to WikiLeaks, is serving a 35-year prison sentence at the United States Disciplinary Barracks at Ft. Leavenworth, Kansas, an all-male maximum security prison.

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In 2014, Manning, with the help of the ACLU, the ACLU of the Nation’s Capital, the ACLU of Kansas, and civilian defense counsel David E. Coombs, sued then-Secretary of Defense Chuck Hagel and other Department of Defense and Department of the Army officials for failing to treat her gender dysphoria, a violation of her constitutional rights.

Army physicians had diagnosed Manning with the condition several years prior, according to the lawsuit.

As a remedy, the National Commission on Correctional Healthcare has recommended that inmates like Manning receive medical treatment that follows World Professional Association for Transgender Health (WPATH) standards of care, like providing hormone therapy. Several respected medical organizations, including the American Medical Association and the American Psychological Association, support WPATH recommendations.

Chase Strangio, a staff attorney with the ACLU, said in a statement that the investigation was “deeply troubling” and noted that government continues to deny Manning medical care related to her gender dysphoria condition and her recent suicide attempt.

“Now, while Chelsea is suffering the darkest depression she has experienced since her arrest, the government is taking actions to punish her for that pain. It is unconscionable and we hope that the investigation is immediately ended and that she is given the health care that she needs to recover,” Strangio said.

Along with indefinite solitary confinement, the ACLU said Manning could face reclassification into maximum-security prison, an additional nine years in medium custody for the remainder of her 35-year long sentence, if convicted of the “administrative offenses.”

The ACLU said the Army could also negate any chance for parole.

ACLU spokeswoman Allison Steinberg told Rewire the ramifications Manning faces derive from the Army’s Institutional Offense Policy.

Fight for the Future Campaign Director Evan Greer, whose group collected more than 100,000 signatures last year when the Army threatened Manning with solitary confinement for possessing LGBTQ literature and an expired tube of toothpaste, said in a statement that the U.S. government’s treatment of Chelsea was a “travesty.”

“Those in charge should know that the whole world is watching, and we won’t stand idly by while this administration continues to harass and abuse Chelsea Manning,” Greer said.

Just two days before Manning and her legal team learned of the investigation, she told followers on her verified Twitter account, “Feeling a little bit better every day. Thank you for your mail, your love, and your support. Things will get back to normal soon.”

Commentary Human Rights

The Democratic National Convention Was a Remarkable Victory for Disabled People

s.e. smith

This year's convention included disabled people every evening, as part of a larger inclusive policy that made 2016 a banner year for disability rights activists.

Read more of our coverage of the Democratic National Convention here.

On Thursday night, Hillary Clinton formally accepted the Democratic Party’s nomination for president. Her speech included many of the elements one expects from a nominee, but there were some standout moments—like when she mentioned disability rights, which she did repeatedly.

Clinton integrated disability into her discussion of her record, talking about her work to ensure that disabled children have the right to go to school and bringing up the health-care needs of disabled youth. Her commentary reinforced the fact that she has always cared about disability issues, particularly in the context of children’s rights.

But she did more than that. She referenced shortages of mental health beds. She explicitly called out disability rights as necessary to defend. And at one point, she did not mention disability, which in itself was radical. When she outlined her plans for gun reform and clearly stated that she wanted to keep guns out of the hands of people who shouldn’t have them, she referenced people with criminal histories and terrorists, but not mentally ill people, who have been fighting a surge in stigma thanks to perennial (and wildly incorrect) assertions that mental illness causes violence. That omission was clearly deliberate, given the meticulous level of crafting that goes into writing one of the most important speeches of a presidential candidate’s career.

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The nominee’s speech would have been remarkable on its own, but what made it truly outstanding is that it was far from the first appearance of disability at this year’s Democratic National Convention (DNC). The convention included disabled people every evening as part of a larger inclusive policy that made 2016 a banner year for disability rights activists, who are used to being invisible. These kinds of appearances normalized disability, presenting it as a part of some people’s lives and a source of pride, not shame or misery.

On Monday, for example, disability rights activist Anastasia Somoza rolled out to give a sharp, compelling speech that didn’t cast disability in a tragic or exceptional light. She wasn’t the only wheelchair user to appear on the DNC stage—Paralympic athlete Mallory Weggemann led the pledge of allegiance on a different evening. Dynah Haubert, an attorney for Disability Rights Pennsylvania, took the stage on Tuesday. Nor were wheelchair users the only disabled people represented. Ryan Moore, a longtime friend of Clinton’s, spoke about health care and his experiences as a man with spondyloepiphyseal dysplasia congenital syndrome, a form of dwarfism. Connecticut Gov. Dannel Malloy talked about his learning disabilities. Musician Demi Lovato, who has bipolar disorder, took on mental health.

Former Iowa Democratic Sen. Tom Harkin, a nondisabled man who played an instrumental role in the push to pass the Americans with Disabilities Act (ADA) in 1990, taught the crowd sign language during a lively speech about the fight for disability rights on Tuesday, the 26th anniversary of the landmark legislation.

On Wednesday night, former Rep. Gabby Giffords (D-AZ) strode out onto the DNC stage in Philadelphia, smiling and waving at the crowd, to make a few short remarks. “Speaking is difficult for me,” she concluded, “but come January 2017 I want to say these two words: ‘Madam President.'” Her speech was about gun violence—a subject with which she’s intimately familiar after being shot in the head in 2011.

This level of representation is unprecedented. Some speakers, like Somoza, explicitly talked about disability rights, putting the subject in the spotlight in a way it’s never been at previous conventions. Others, like Giffords, came up on stage to talk about something else entirely—and happened to represent disability while they were at it. Similarly, Rep. Tammy Duckworth (D-IL), a decorated combat veteran and double amputee, talked about military policy.

This is a striking contrast from the treatment of disability at previous Democratic National Conventions: When disabled people have appeared, it’s often been in the form of a lackluster performance that objectifies disability, rather than celebrating it, as in 1996 when former actor Christopher Reeve framed disability as a medical tragedy.

Disability rights activists have spent decades fighting for this kind of representation. In 1992, two years after the passage of the ADA, the platform included just three mentions of disability. This year, the subject comes up in 36 instances, woven throughout the platform for an integrated approach to disability as a part of society, rather than as something that needs to be walled off into a tiny section of the platform, tokenized, and then dismissed.

In the intervening years, disabled people in the United States have fought for the enforcement of the ADA, and taken the right to independent living to court in 1999’s Olmsted v. L.C., which was namechecked in the 2000 platform and then forgotten. Disabled people advocated to have their rights in school codified with the Individuals with Disabilities Education Act (IDEA) in 2004, pushed for inclusion in 2010’s Affordable Care Act, and are fighting to pass the Community Choice Act and Disability Integration Act (DIA). Disability rights in the United States has come a long way since 1990’s infamous Capitol Crawl, in which disability rights activists dragged themselves up the steps of the U.S. Capitol, pleading with Congress to pass the ADA.

And as activists have pushed for progress in the courts and in Congress, disability rights have slowly become more prominent in the Democratic party platform. The ADA has been a consistent theme, appearing in every platform since 1992 alongside brief references to civil rights; historically, however, the focus has been on disability as a medical issue. The 1996 platform introduced Medicare, and health care in general, as issues important to the disability community, a refrain that was reiterated in years to come. In numerous years, Democrats addressed concerns about long-term care, in some cases positioning disabled people as objects of care rather than independent people. Disabled veterans have also played a recurring role in the platform’s discussion of military issues. But beyond these topics—again, often approached from a dehumanizing angle—and the occasional lip service to concerns about discrimination and equal rights, until the 2000s, education was the only really consistent disability issue.

In 2000, however, the Democrats went big, building on eight years under President Bill Clinton, and the influence of his then-first lady. For the first time, disability wasn’t simply lumped under “civil rights.” The platform explicitly called out the need for protection from disability hate crimes, but it also began to introduce the idea that there were other issues of relevance to the disability with a discussion of the digital divide and the obstacles that held disabled people back. Almost 30 years after the passage of the Rehabilitation Act of 1973, which barred disability discrimination by government agencies and contractors, the Democrats were starting to embrace issues like accessibility and independent living, which also played a prominent role in 2000.

It was a hint that the party was starting to think about disability issues in a serious way, especially when in 2008, the Democrats discussed the shameful delay on ratification of the United Nations’ Convention of the Rights of Persons with Disabilities, took on the Community Choice Act, talked about the need to enforce IDEA, and, again for the first time, explicitly addressed voting rights issues. By 2012, they were also calling out discriminatory voter ID laws and their disproportionate effect on the disabled community.

That’s tremendous, though incremental, progress.

And this week, the efforts of a generation of disability rights activists are on display everywhere in Philadelphia, where Daily News columnist Ronnie Polaneczky observed that accessibility is a top priority across the city. The DNC is providing expanded accessible seating, wheelchair charging stations, service dog relief areas, Braille materials, closed captioning, American Sign Language interpreters, medication refrigerators, and more. That’s radical inclusion at work, and the result of incredible efforts by disability rights organizers—including the 400 delegates who disclosed disabilities.

Those same organizers have been hounding the presidential candidates, holding them accountable on disability over and over again. They’ve brought up concerns about independent living, wage disparities, education, access to services, accessibility, hate crimes, reproductive rights, the “marriage penalty” and government benefits, and casual disablism in campaign rhetoric and practices. Advocates leaned on the Clinton campaign until it began captioning its content, for example. RespectAbility sent journalists out on the trail, #CriptheVote organized Twitter, and Rev Up encouraged people to register to vote and get involved. The disability community may be more explicitly politically active this year than ever before, and the DNC has been responding accordingly.

Clearly in consultation with disability rights activists, the Democrats have brought a host of new issues into this year’s platform, acknowledging that disabled people are part of U.S. society. Some of the many issues unique to this year’s platform include: abolition of the subminimum wage, concerns about economic opportunities with an explicitly intersectional discussion of the racial wealth gap, affordable housing, accessibility at the polls, the role of disability in the school-to-prison pipeline, and the need for more accurate Census data.

Notably, in a platform that has loudly called for a Hyde Amendment repeal and pushed for other abortion rights, the Democrats have also reinforced the need for access to reproductive health for disabled people, a revolutionary clause that’s gone virtually unnoticed.

This is a platform—and convention—of aggressive inclusion, and it reflects a victory for disabled people in the United States. It does still lack some components the disability community would like to see, like a shoutout to the DIA, which Clinton supports. This is, however, the start of what looks like a robust and real relationship between the Democrats and the disability rights community.