“Human Sacrifices, Dogs and Cats Living Together!”: A Rare Act of Mercy in the Florida Prison System

By: John Guidry

“Human sacrifices, dogs and cats living together! Mass hysteria!” – Dr. Peter Venkman, Ghostbusters

It is rare that I get the opportunity to say something positive about Orlando’s jail system or Florida’s prison system—so mark your calendars, the time has come. Ms. Betsie Gallardo is a 27-year-old inmate in Broward State Prison.

• The Sentence: She is serving a maximum 5-year prison sentence for Battery on a Law Enforcement Officer (LEO) and Resisting an Officer with Violence.
• The Reality: She is dying from cancer, with only a few weeks left to live.

Is your loved one suffering from a terminal illness in prison?

Medical release is rare, but possible. Call John today at (407) 423-1117.

The Crime vs. The Condition

Early release for medical reasons is difficult to obtain, and many inmates die by the time the process is completed. Ms. Gallardo’s release was particularly complicated due to the facts of her crime.

• The Incident: During a struggle, she bit an officer.
• The Fear: Ms. Gallardo is HIV Positive. The officer has been concerned ever since that she may have contracted the disease from the bite.
• The Medical Fact: Fortunately, the officer has not contracted HIV (and medical science suggests transmission via biting is statistically nearly impossible).

Despite this, the stigma of the “HIV Bite” made her a sympathetic target for the prosecution, but a difficult case for the parole board.

The “Powerball” Odds of Release

Ms. Gallardo is lucky, by Florida prison standards. The odds of getting a medical release are somewhat similar to the odds of winning Powerball two weeks in a row.

• No scientific studies here, just my legal opinion after practicing criminal defense in Orlando for 17+ years.
• The Vote: On January 5th, 2011, the Florida Parole Commission voted 2-1 to approve Gallardo’s medical release.

The Result: There are strings attached, but she won. She will be released to a Miami-Dade Hospice, supervised on a type of house arrest. She gets to spend her final weeks with dignity, rather than in a concrete cell. Congratulations, Betsie.

John’s 2026 Update: The “Death’s Door” Requirement

Note: In 2011, Betsie’s release was a headline because it was so rare. In 2026, it is still the exception, not the rule.

1. Conditional Medical Release (F.S. 947.149) The law governing this is Florida Statute 947.149. It is not “Parole” (which Florida abolished long ago for most crimes); it is Conditional Medical Release (CMR).

• The Criteria: You must be “permanently incapacitated” or “terminally ill.”
• The Definition: “Terminally ill” means death is imminent. If you have a terminal disease but are expected to live for another year, the State will likely keep you locked up. You essentially have to be at death’s door to get out.

2. HIV Criminalization & Biting In the Gallardo case, the “Bite” was the controversy.

• The Science: By 2026, the CDC and medical consensus have confirmed that HIV cannot be transmitted through saliva or biting.
• The Law: Despite the science, Florida law still allows for enhanced penalties or “Criminal Transmission” charges for HIV+ individuals who bite or spit. We argue “Legal Impossibility” of harm in these cases to fight the Aggravated Battery charges, but the stigma remains in the sentencing phase.

3. The “Aging Inmate” Crisis Florida’s prison population is getting older.

• The Cost: It costs taxpayers significantly more to house a bedridden, cancer-stricken inmate than a healthy one.
• The Trend: While “Compassionate Release” is still rare, fiscal conservatives are slowly warming to the idea of releasing geriatric inmates who can no longer walk, let alone commit crimes, simply to save the state money.

Mercy is Rare, But Worth Fighting For

If you have a family member in DOC who is terminally ill, the system will not release them automatically. You must petition the Commission on Offender Review. It is an uphill battle, but as Betsie showed us, it is one you can win.

Call me at (407) 423-1117. Let’s review the medical records.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.