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Jailed Man's Suffering Merits Shot At Mercy
The Tampa Tribune ^ | Sep 18, 2007 | DANIEL RUTH

Posted on 09/19/2007 6:44:34 PM PDT by JTN

At first blush it would seem a literal no-brainer that the state Board of Executive Clemency shouldn't have to take but a few moments to realize the defendant pleading for mercy and justice before them has about as much business being in prison as a Soviet era dissident.

But then again, had you told Richard Paey that he would wind up in the big house - in the United States, in the 21st century - doing a 25-year stretch for simply being a very infirm man the idea would have been laughable.

A Salem witch hunt defendant got a fairer shake from the criminal justice system.

That could change Thursday when the clemency board - which consists of Gov. Charlie Crist, Chief Financial Officer Alex Sink, Attorney General Bill McCollum and Agriculture Commissioner Charles Bronson - takes up Paey's appeal to be released from the Tomoka Correctional Institution.

Paey's surreal trip down Florida's yellow brick road of yahoo crime and punishment began in 1997 when Pasco County sheriff's gumshoes charged Paey with trafficking in oxycodone, possession of hydrocodone and obtaining a controlled substance by fraud.

My Lil' Friend

Cue the "Scarface" theme.

You might think the sleuths had busted the Pablo Escobar of Pasco County.

Instead, this so-called fiendish drug dealer was in reality a middle-aged lawyer with acute, unrelenting back pain resulting from a car accident who also was dealing with the onset of multiple sclerosis. At the time, he needed leg braces and crutches to get around.

Paey insisted that the medications, obtained with prescriptions from his New Jersey doctor, were for his own use to ease his pain.

At his trial not a shred of evidence was produced to suggest Paey had ever sold or distributed the drugs, and neither was proof submitted to show the defendant had forged prescriptions.

Still, under state statutes making it a felony to possess more than four grams of oxycodone or hydrocodone, Richard Paey was convicted and sent to the hoosegow for a quarter of a century.

Taxpayer Expense

Or put another way, Richard Paey was given a de facto life sentence for being ill.

That's not due process. It's overzealous badges on a prosecutorial high.

Ironically, the 48-year-old Paey's medical condition has worsened in the more than three years he has been in prison. He now has to use a wheelchair and - at taxpayer expense - is receiving greater pain management dosages than he was convicted of obtaining.

In technically upholding Paey's sentence, the 2nd District Court of Appeal also noted he was a prime candidate for clemency. As well, the Florida Parole Commission agreed the case deserved to be fast-tracked to the clemency board for consideration.

Indeed, the idiocy of Richard Paey's legal plight has become something of an international cause celebre. And Crist press spokesman, Anthony DeLuise, said the governor's office has received more than 50 letters "overwhelmingly supporting" clemency for Paey.

By any standard of common sense and common decency Richard Paey is no criminal.

He is a very sick man who at long last deserves Lady Justice to take pains to right a wrong.


TOPICS: Crime/Corruption; Editorial; Government; US: Florida
KEYWORDS: donutwatch; leo; police; richardpaey; wodlist
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Previous articles on the persecution of Paey here.
1 posted on 09/19/2007 6:44:36 PM PDT by JTN
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To: traviskicks

Ping


2 posted on 09/19/2007 6:45:05 PM PDT by JTN (If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.)
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To: JTN
We should buy a new BMW for the prosecutor in this case, as well as for Mike Nifong and Bradley Barry.

Then put them all inside it, weld the doors shut, and push it off a cliff.

3 posted on 09/19/2007 6:59:05 PM PDT by lesser_satan (FRED THOMPSON '08)
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To: JTN; Abram; akatel; albertp; AlexandriaDuke; Alexander Rubin; Allerious; Allosaurs_r_us; amchugh; ..
"..under state statutes making it a felony to possess more than four grams of oxycodone or hydrocodone.."




Libertarian ping! To be added or removed from my ping list freepmail me or post a message here.
4 posted on 09/19/2007 7:00:11 PM PDT by traviskicks (http://www.neoperspectives.com/Ron_Paul_2008.htm)
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To: JTN
Richard Paey's "crime" was simply taking too much pain medication which is NONE of the government's business. This case stank from the start as a case of grotesque prosecutorial overreach. The man is guilty of nothing more than being sick. If there's a case that ever cried for mercy, this one is it.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

5 posted on 09/19/2007 7:03:43 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: traviskicks
Giving bureaucrats and jack booted drug warrior cops grounds to arrest you on the flimsiest technicality. Even the prosecution conceded he was no drug dealer nor did he sell the medication in his possession. Somewhere along the way, common sense deserted the justice system.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

6 posted on 09/19/2007 7:06:10 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: JTN

Here come the Libertarians. This guy gets the shaft, and it’s an excuse to free every drug dealer in prison.


7 posted on 09/19/2007 7:06:18 PM PDT by DesScorp
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To: JTN

Nifong is the tip of the corrupt iceberg.


8 posted on 09/19/2007 7:10:04 PM PDT by stinkerpot65 (Global warming is a Marxist lie.)
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To: DesScorp
I'm not arguing against jailing people who do commit a crime. I'm arguing against prosecutorial abuse of power in a case in which its clear the guy took more medicine than was allowed because he had to put up with a lot of pain. They could have used their discretion to dismiss Paey's case. Ironically, the taxpayers have spent more for his care than he would have had he been let well enough alone.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

9 posted on 09/19/2007 7:10:09 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: JTN
I love this quote;

“There’s no way to rule innocent men. The only power government has is the power to crack down on criminals. When there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.”

10 posted on 09/19/2007 7:10:46 PM PDT by US_MilitaryRules (All my bullets are dipped in PIG fat. How about yours?)
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To: US_MilitaryRules

I pushed the wrong buttons?

This quote is getting more true by the day. Very sad.


11 posted on 09/19/2007 7:12:19 PM PDT by US_MilitaryRules (All my bullets are dipped in PIG fat. How about yours?)
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To: US_MilitaryRules
Yep. I think he thought he was a law-abiding citizen. He was just minding his own business, harming no one. But in the government's eyes, a few grams more than the allowed dosage of addictive pain-killing drugs made him a criminal. Which I think flatly is ridiculous.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

12 posted on 09/19/2007 7:13:55 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: JTN

Was this the same DA who went after RUSH Limbaugh for Dr shopping?


13 posted on 09/19/2007 7:17:08 PM PDT by tubebender (My first great grandson is a Miniature Schnauzer...)
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To: US_MilitaryRules

http://www.working-minds.com/ARquotes.htm


14 posted on 09/19/2007 7:21:09 PM PDT by Brakeman (Self delusion in the face of unpleasant facts is folly - Ronald Reagan)
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To: traviskicks

I have a very libertarian view about drugs. Let the fools who think that drug usage is cool kill themselves and the rest of us will be better off.


15 posted on 09/19/2007 7:23:08 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: Blood of Tyrants
When it comes to healing thyself, I think the government should butt the hell out. I don't want cops, bureaucrats, or Head Nurse Nanny Clinton to make my health care decisions for me.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

16 posted on 09/19/2007 7:24:51 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: JTN
"... in reality a middle-aged lawyer..."

Ah, not so fast guys! Let him sweat it out for a few more years.

17 posted on 09/19/2007 7:25:45 PM PDT by moonman
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To: goldstategop
"The man is guilty of nothing more than being sick. If there's a case that ever cried for mercy, this one is it."

They only put this guy in jail. And they even gave him a trial first, which is a hell of a lot more than Terri Schiavo got from the state of FL before they murdered her! She was guilty of nothing more than being disabled, so this guy should count himself as fortunate IMO.

18 posted on 09/19/2007 7:30:01 PM PDT by penowa
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To: JTN

The guy was a lawyer and can be expected to have been fully cognizant of the law. There was no need for him to have large quantities of the drugs actually in his possession for medical reasons, as he could have just refilled his prescription at the pharmacy when needed.

This one-sided story is leaving things out.


19 posted on 09/19/2007 7:34:01 PM PDT by Sherman Logan
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To: JTN

20 posted on 09/19/2007 7:39:25 PM PDT by JTN (If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.)
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