Jailed Man's Suffering Merits Shot At Mercy

By DANIEL RUTH

Published: Sep 18, 2007

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.