Day 360- Betsie Gallardo

Dear Mr. President,

When I read about a woman dying in a Florida prison, refused release on humanitarian grounds and facing a slow death by starvation, I wanted to navigate away from the page, to forget the story and to write about something else tonight. But I can't. Betsie Gallardo, born HIV+ and impoverished in Haiti, was sentenced in 2008 to 5 years in prison for assaulting an officer with a deadly weapon, a charge based on the fallacious premise that she could spread HIV to a police officer by spitting on him. Gallardo had been repeatedly sexually assaulted by a police officer in Haiti and had an intense, emotional reaction to the arrival of an officer at the scene of a car accident. She had no previous criminal record. She has since been diagnosed with terminal cancer and is no longer able to digest food. The state has refused requests from her family for release on humanitarian grounds and also refused to allow them to be with her when she dies.

Mr. President there are rapists and drug dealers and no shortage of white-collar criminals who serve far less than 5 years in prison for far worse crimes. The outrageous nature of this charge, which was certainly exacerbated by Gallardo's HIV status, is compounded with the truly cruel treatment of a dying woman and her family. How is this justice? How is a system that can look so dispassionately at the suffering of a human being the best that we can do in America? I don't approve of what she did, but this sentence (especially in light of her cancer) is stark evidence of the racism and irrationality that infect our criminal justice system. How am I supposed to feel good about sending the shoplifters I catch to a system so obviously broken? How are we supposed to criticize Iran or China for human rights abuses when we allow things like this?

You might throw up your hands and say it's a state issue, but you probably have a more direct means of reaching Governor Crist than Gallardo's family. Pick up the phone and ask him to pardon her, allow her to die at home with her family and her freedom. No reasonable human being believes she deserved a death sentence, but that is exactly what her punishment has become. The entire system needs reform, and that will take time, but right now one woman deserves a different fate. Please do the right thing.

Respectfully yours,

Kelsey

If I have readers in Florida, I urge you to contact Governor Crist and the rest of the Executive Clemency Board:

Charlie Crist, Governor of Florida
(850) 488-4441
E-mail: charlie.crist@myflorida.com
http://www.flgov.com/contact_governor

Bill McCollum, Attorney General
(850) 414-3300
Click here to e-mail Mr. McCollum
www.myfloridalegal.com/contact

Charles Bronson, Commissioner Florida Department of Agriculture and Consumer Services
(850) 488-3022
commissioner@doacs.state.fl.us
http://www.doacs.state.fl.us/

Alex Sink, Chief Financial Officer Florida Department of Financial Services
(850) 413-3100
Alex.Sink@myfloridacfo.com
http://www.myfloridacfo.com/

Day 337- A different path

Dear Mr. President,

Today I caught a girl my own age shoplifting. She told us she's been using heroin since the age of 17. She has two children, who she no longer has custody of, and was visibly suffering the effects of her addiction. While I have no regrets about catching her and sending her to jail, I was a little shocked by how much sympathy I felt for her situation. I couldn't help but wonder how easily I might have found myself down a similar path. I can't imagine the life decisions that lead to an existence like hers, but, even after I clocked out for the night, her story lingered in my mind.

It reminds me that criminals, the anonymous numbers filling prisons around the country, are all stories and decisions and pieces of families. That they are not anonymous. When a friend pointed out to me that you finally got around to issuing pardons for non-turkeys, I was hopeful that you'd had a similar reminder, that your compassion for those who have wandered too far down the wrong path was guiding you to act.

Sadly, your 9 pardons all went to offenders who were not currently serving prison time (and a few who never received prison time at all.) Instead of using your Presidential powers to commute sentences and give worthy applicants a second chance at life, you seem to be on track to match Presiden't Bush's abysmally thin pardon record.

Mr. President, you have a difficult job. Getting legislation passed, appointees confirmed, or policies changed requires the cooperation of the near-useless houses of congress. You don't get to wave your hand and change the world, or even the country. But the pardon is one power that is left almost entirely to your own discretion. You could make a difference, change the lives of so many who have been unjustly punished. This is something you don't need the Republicans to agree to, something you don't have to negotiate through endless bureaucratic nonsense. You have the power to look past the numbers and the sentencing minimums and recognize the human stories behind the charges. I was reminded today how random and cruel life can be, how any of us could find ourselves years down the wrong path with no viable way out. If I had your power, I'd want to do whatever I could to help give people a second chance.

I hope that, going forward, you make better use of that power.

Respectfully yours,

Kelsey

Day 328- On Turkeys

Dear Mr. President,

Today you pardoned Apple and Cider, two turkeys who will be spared the Thanksgiving slaughter. Unlike most of the turkeys Americans will eat on Thanksgiving, these two were raised on a ranch with plenty of space to run around, and they'll spend the rest of their days in a petting zoo. But their less-fortunate, factory farmed, destined for dinner brethren aside, there is another glaring irony here. In your time as President you have pardoned 4 turkeys and exactly 0 humans. My vegetarian sensibilities about the relative value of human and animal life aside, I think this is a pretty embarrassing statistic.

While I appreciate the spirit and the levity of the traditional turkey pardoning, I would hope that, in the other 364 days a year you get to issue pardons, that you consider some of the many, many worthy human candidates. They may not be heading off to dinner, but many languishing behind bars in the American prison system are subject to unfair sentencing minimums, deplorable, dangerous conditions and are prevented from turning their lives around into something positive. I think that today ought to remind you of them.

Respectfully yours,

Kelsey