Jacob Sullum | June 15, 2007
Here's some good news for Richard Paey, the Florida man who is serving a 25-year mandatory minimum sentence for "drug trafficking" based on narcotics he obtained to treat his chronic pain: The Florida Parole Commission has recommended that Gov. Charlie Crist consider Paey's clemency petition even though he has not yet served a third of his sentence, as usually required. The rule can be waived when an application "demonstrates extraordinary merit." In appealing to Crist, Paey is taking the course recommended by the Florida appeals court that last year said only the governor could correct this injustice.
Here is a PDF of Paey's clemency petition. The Pain Relief Network has contact information for Crist (scroll down). "Keep those cards and letters coming in support of Richard's clemency petition," says Paey's lawyer, John P. Flannery. "They are being read and carefully considered by the Office of Executive Clemency."
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Thank Goodness for small favors. I kept have this reocurring
nightmare that Richard Paey would continue to rot in prison for the
crime of being disabled and self-medicating while violent criminals
and politically-connected figures like Scooter Libby are the
beneficiaries of parole and pardons.
Let's keep our fingers crossed. Also, it might not be bad to send
the dude a few letters while he's in the Big House in order to keep
his spirits up. I must remember to look up his contact info.
Uhmm, this may not be such great news;
What happens when he gets out of prison? Will he have immunity from
prosecution for future drug offenses? How is he going to find a
doctor willing to prescribe narcotics to him in the face of a
vindictive DEA?
Honestly, a pardon, while great, is not sufficient.
Paey is taking the course recommended by the Florida appeals
court that last year said only the governor could correct this
injustice.
Is the Florida appeals court run by Eichmann? God forbid any judge
put his job on the line, best to just send people to the chambers
than actually stop the inhumanity.
tarran,
Right, this is one of those, 'gee I hope this goes from
unconscionable to merely unacceptable' situations.
tarran,
I suppose he could move to a Medical Marijuana state and just use
dope all the time.
I can't believe the government doesn't have anything better to do
than to prosecute sick people all the time. What
ever happened to violent crime?
Isn't he actually getting medicated, with costs born by the state, while he's in prison? As far as his pain situation, being taken out of prison might actually be a bad thing.
crimethink,
Yeah, from a pain point of view it would probably end up being
worse as no doctor is actually going to get involved with Paey now,
at least not in Florida. Personally, I'd rather die a free man than
live a comfortable life in prison, but to each their own I
guess.
I can't believe the government doesn't have anything better
to do than to prosecute sick people all the time. What ever
happened to violent crime?
If they go after violent criminals, the cops run the risk of being
injured. And from what I gathered, guaranteeing the safety of their
officers is the #1 priority of police forces.
It's not as if these cops signed on to a job that is inherently
risky or anything.
Jacob,
I've been waiting for this subject to come up again.
Recently I was Googling to locate an old buddy from college. Seems
his sister is the wife of the judge in Florida who gave the
dissenting opinion in Paey's trial. I had actually had a "date"
with this woman long before she met the future judge. She helped me
locate her brother. Anyway, I asked her to compliment her husband
on the dissenting opinion, and she confirmed she did. I told her my
"hobby" is trying to end the War on Drugs.
I hope to have a meet-up in San Francisco this fall with her
brother.
I've been following his case for a while, having been convicted, and serving 11 months of a 2-to-4 year sentence that had been commuted to a 3-month rehab bootcamp which I was later deemed unfit for (long story, but it was their call after the deal was cut). Here's wishing him the best-personally, I think he was given those prescriptions y his former doctor, after being told he'd be 'on his own' if law enforcement got involved).But, let's hope this travesty is put right!
I think that now that he has a morphine pump implanted, it shouldn't be too hard for him to get refills.
I've been close to the Paey case since before his 3rd trial, and
want him home. But I'm conflicted.
Sending him home will let the FL legislature off the hook; they
won't bother to fix the law that allowed the prosecutor to send him
to prison for 25 years, no parole, and pay $500,000 fine.
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