Richard Paey
Encyclopedia
Richard Paey is a Florida
man who was incarcerated in 2004 for drug trafficking. There was no evidence he ever distributed or intended to sell any pills, but drug laws in many states, including Florida
, allow officials to prosecute for trafficking based solely on the quantity an individual possesses. Paey spent three and a half years in prison, until he was granted a full pardon by Florida
Governor Charlie Crist
in September 2007.
painkillers he was using to alleviate his suffering. Detectives began their investigation of him in 1996. Due to the quantities of pills he was buying, it was believed he was trafficking the drugs. However, a three month investigation turned up no evidence of intent to sell, and the quantities he bought are not unusual for long-time users of opioid painkillers. Nonetheless, Florida
law allows prosecution for trafficking based solely on the amount of drug the suspect possesses. Paey was arrested in March 1997.
According to prosecutors, investigators found a DEA number stamp and other equipment used to forge prescriptions in Paey's residence. However according to Dr. Russell Portnoy, chairman of the Department of Pain Medicine at the Beth Israel Hospital
in New York
, such behavior is typical of patients experiencing extreme chronic pain. When interviewed for 60 Minutes
, he said these patients sometimes go to great lengths to ensure they never suffer a break in their pain treatment.
The lead prosecutor, Scott Andringa, offered Paey a plea deal in 1999 that would have resulted in a guilty plea of attempted trafficking and 3 years of house arrest, but he chose to fight the charges. A similar plea was offered during his first trial in 2002, but it was quickly rescinded after Paey accepted it. Paey was eventually convicted in his third trial on 15 counts of drug trafficking, possession of a controlled substance, and obtaining a controlled substance by fraud. On April 16, 2004, he was sentenced to a 25 year mandatory minimum prison sentence and a $500,000 fine.
Later, Dwayne Hillis, one of the jurors in the trial, came forward publicly and said he was pressured into a guilty verdict with assurances that Richard Paey would serve no jail term.
Paey served three and a half years at the Tomoka Correctional facility in Daytona Beach, Florida. During this time, the state provided a direct IV pump of morphine directly into his back to alleviate his pain. The strength of the morphine drip prescribed to him was stronger than the "morphine equivalent" of the amount of oxycodone
that he was arrested for using in the first place.
, Governor Charlie Crist
granted Paey a waiver of the requirement that a minimum period of the sentence be served on his clemency petition, permitting his petition to be heard by the clemency board immediately. The board recommended denying clemency for Paey. Nevertheless, in a sudden and unexpected move, Governor Crist and the Cabinet unanimously granted Paey a full pardon on the morning of September 20, 2007. Paey was freed from prison at 2:51 pm.
Paey's case is the subject of the book Pain In America, the film documentary The War on Drugs
, and was featured on the Showtime series Penn & Teller: Bullshit!.
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
man who was incarcerated in 2004 for drug trafficking. There was no evidence he ever distributed or intended to sell any pills, but drug laws in many states, including Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, allow officials to prosecute for trafficking based solely on the quantity an individual possesses. Paey spent three and a half years in prison, until he was granted a full pardon by Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
Governor Charlie Crist
Charlie Crist
Charles Joseph "Charlie" Crist, Jr. is an American politician who was the 44th Governor of Florida. Prior to his election as governor, Crist previously served as Florida State Senator, Education Commissioner, and Attorney General...
in September 2007.
Arrest and trial
In 1985, Richard Paey was involved in an automobile accident. A subsequent botched operation left him in nearly constant pain. Like many chronic pain patients, he developed a tolerance to the opioidOpioid
An opioid is a psychoactive chemical that works by binding to opioid receptors, which are found principally in the central and peripheral nervous system and the gastrointestinal tract...
painkillers he was using to alleviate his suffering. Detectives began their investigation of him in 1996. Due to the quantities of pills he was buying, it was believed he was trafficking the drugs. However, a three month investigation turned up no evidence of intent to sell, and the quantities he bought are not unusual for long-time users of opioid painkillers. Nonetheless, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
law allows prosecution for trafficking based solely on the amount of drug the suspect possesses. Paey was arrested in March 1997.
According to prosecutors, investigators found a DEA number stamp and other equipment used to forge prescriptions in Paey's residence. However according to Dr. Russell Portnoy, chairman of the Department of Pain Medicine at the Beth Israel Hospital
Beth Israel Hospital
Beth Israel Hospital may refer to:*Beth Israel Deaconess Medical Center in Boston*Beth Israel Medical Center in Manhattan*Beth Israel Medical Center in Newark...
in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, such behavior is typical of patients experiencing extreme chronic pain. When interviewed for 60 Minutes
60 Minutes
60 Minutes is an American television news magazine, which has run on CBS since 1968. The program was created by producer Don Hewitt who set it apart by using a unique style of reporter-centered investigation....
, he said these patients sometimes go to great lengths to ensure they never suffer a break in their pain treatment.
The lead prosecutor, Scott Andringa, offered Paey a plea deal in 1999 that would have resulted in a guilty plea of attempted trafficking and 3 years of house arrest, but he chose to fight the charges. A similar plea was offered during his first trial in 2002, but it was quickly rescinded after Paey accepted it. Paey was eventually convicted in his third trial on 15 counts of drug trafficking, possession of a controlled substance, and obtaining a controlled substance by fraud. On April 16, 2004, he was sentenced to a 25 year mandatory minimum prison sentence and a $500,000 fine.
Later, Dwayne Hillis, one of the jurors in the trial, came forward publicly and said he was pressured into a guilty verdict with assurances that Richard Paey would serve no jail term.
Paey served three and a half years at the Tomoka Correctional facility in Daytona Beach, Florida. During this time, the state provided a direct IV pump of morphine directly into his back to alleviate his pain. The strength of the morphine drip prescribed to him was stronger than the "morphine equivalent" of the amount of oxycodone
Oxycodone
Oxycodone is an opioid analgesic medication synthesized from opium-derived thebaine. It was developed in 1916 in Germany, as one of several new semi-synthetic opioids in an attempt to improve on the existing opioids: morphine, diacetylmorphine , and codeine.Oxycodone oral medications are generally...
that he was arrested for using in the first place.
Pardon
After succeeding Florida Governor Jeb BushJeb Bush
John Ellis "Jeb" Bush is an American politician who served as the 43rd Governor of Florida from 1999 to 2007. He is a prominent member of the Bush family: the second son of former President George H. W. Bush and former First Lady Barbara Bush; the younger brother of former President George W...
, Governor Charlie Crist
Charlie Crist
Charles Joseph "Charlie" Crist, Jr. is an American politician who was the 44th Governor of Florida. Prior to his election as governor, Crist previously served as Florida State Senator, Education Commissioner, and Attorney General...
granted Paey a waiver of the requirement that a minimum period of the sentence be served on his clemency petition, permitting his petition to be heard by the clemency board immediately. The board recommended denying clemency for Paey. Nevertheless, in a sudden and unexpected move, Governor Crist and the Cabinet unanimously granted Paey a full pardon on the morning of September 20, 2007. Paey was freed from prison at 2:51 pm.
Paey's case is the subject of the book Pain In America, the film documentary The War on Drugs
The War on Drugs
The War on Drugs is a film documentary on the War on Drugs. It shows how the War on Drugs is being fought on various fronts: In Colombia the film follows the efforts to eradicate the coca and poppy plants under Plan Colombia. In the United States the cases of Richard Paey and Sharanda Jones...
, and was featured on the Showtime series Penn & Teller: Bullshit!.