I just got this in email from American Pain Foundation
Richard Paey, the 48 year-old pain patient who was sentenced to 25 years in jail in Florida for "drug trafficking," was granted a full-pardon and clemency Thursday, September 20, by Florida Governor Charlie Crist and his Cabinet. The Governor's pardon and clemency order illustrates the kind of understanding and compassion that needs to be much more present in our medical system and in the ranks of law enforcement, regulatory, and prosecution systems.
The American Pain Foundation applauds Governor Crist’s sensible and compassionate act in righting a situation that should have never gotten so out of control. The American Pain Foundation also commends the tireless work of the Paey family in motivating and galvanizing the pain advocacy community to take a stand against the unfair treatment of people in pain. The emotional and financial toll inflicted on the Paey family by Florida law enforcement is simply unacceptable.
Richard's prosecution symbolizes the moral decay of our law enforcement and prosecutorial system that chose to see a person in severe chronic pain as a criminal and drug dealer rather than an individual in severe medical crisis seeking a solution for his pain. Law enforcement and prosecutors are not medical experts and should not be permitted to perpetuate a state of fear among people with legitimate pain needs and the medical community that serves them. Richard’s case is a shining example of what can happen when law enforcement and drug abusers dictate medical policy.
Treating desperate pain patients and doctors who treat them like common drug dealers is insane. There should never, ever, be another case like Richard Paey. The American Pain Foundation is committed to supporting the rights of people in pain through education and advocacy. Efforts to prevent the diversion and abuse of pain medication must be balanced so they do not interfere with appropriate and effective care for people with pain.
http://en.wikipedia.org/wiki/Richard_PaeyRichard 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 of 2007.
n 1985 Paey was involved in an automobile accident. A subsequent botched operation left him in near constant pain. Like many chronic pain patients, he developed a tolerance to the opioid 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.
Prosecutors 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 publicly forward 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.<1>