Richard Paey - Florida
Florida members: You helped Richard Paey! Your letters to Florida Governor Crist in support of Richard's commutation petition made a DIFFERENCE. On September 20, 2007, Gov. Crist and the Florida Cabinet voted unanimously to grant Paey a full pardon for his 2004 conviction on drug trafficking and possession charges. He will be freed today! Click here to read coverage of Paey's commutation.
# R29228
State: Florida
Sentence: 25 years
Offense: Eight counts of Drug Trafficking; four counts of Obtaining a Substance by Fraud; three counts of Possession of a Controlled Substance
Priors: None
Date of Sentencing: 4/16/2004
Date of Birth: 10/17/1958
Projected Release Date: 9/18/2028
Nature of Offense: Richard Paey’s troubles began when he was involved in a car accident in 1985 and suffered a serious back injury. After a botched surgery exacerbated his condition, he was left in constant pain and a seemingly never-ending pursuit to find adequate treatment ensued. Richard became reliant on pain medications to help alleviate his chronic pain. Unfortunately, like many chronic pain patients, Richard often had difficulty obtaining the high doses of medication he needed—fearful of being targeted and prosecuted as drug traffickers, many doctors are reluctant to prescribe large doses of pain medications that have recreational uses. Richard had a sympathetic physician in New Jersey, but when he and his family moved to Florida in 1994, he was unable to locate a doctor that would continue to prescribe adequate levels of pain medication for him. Desperate to relieve his pain, Richard resorted to having his former doctor in New Jersey send him undated prescriptions in the mail. This went on for over two years, until the Pasco County Sheriff’s Office became suspicious of the amount of pain medication Richard was obtaining.
In Pasco County, sheriff deputies routinely canvas the local pharmacies for potential drug law violations. The sheriff’s office began to investigate Richard after officers determined he was taking "more than the normal amount" of pain medication. Officers were initially convinced that Richard was selling a portion of the medication since he was receiving such large amounts, but after three months of observation they had no evidence. With the hope of discovering information to verify their suspicions, officers contacted Richard’s physician in New Jersey and falsely claimed Richard had been selling his pain medication. Fearing he could be ensnarled in drug charges and face a long prison sentence himself, the doctor claimed he had never written the prescriptions Richard was using in Florida. Although several pharmacists assert that Richard’s doctor verified the disputed prescriptions when called, prosecutors stated the prescriptions were still illegal because they had been filled more than six weeks after Richard’s last medical exam. Richard was arrested and charged with 15 counts of possession and trafficking.
Legal Course: After his arrest, Richard was offered a plea in which he would receive eight years of probation, including three years of house arrest. He initially accepted this plea, but withdrew it when he became concerned that his probation could easily be violated and he could end up in prison. He was also afraid that no doctor would prescribe the medication he needed with this charge on his record, and furthermore, did not want to admit to a criminal act he did not commit. In the end, it took three trials to convict Richard; the first ended in a mistrial and the second resulted in a conviction that was later thrown out due to a procedural error. At the third trial, the jury foreman assured jurors that Richard would only receive probation if they convicted him, which compelled jurors to deliver a guilty verdict. Although prosecutors acknowledged that Richard was not a drug trafficker, he received a 25-year sentence.
Guideline Sentence: Richard received a 25-year sentence, the mandatory minimum in Florida for trafficking over 28 grams of painkillers.
Personal Background: Richard’s troubles began when he was involved in a car accident in 1985 and suffered a serious back injury. After a botched surgery exacerbated his condition, he was left in constant pain and a seemingly never-ending pursuit to find adequate treatment ensued. Doctor’s never alluded to the possibility that Richard would not fully recover and would always be in some amount of pain, so he searched for a possible ‘cure’ for his condition. He tried various forms of treatments, all the while hopeful that his pain would eventually subside. Unfortunately, the pain remained constant and so severe that he was unable to work or enjoy simple actions others take for granted, such as playing with his children. Richard’s health problems were further complicated when he was diagnosed with Multiple Sclerosis. His frustration with his inability to lead a normal life led to bouts of depression and two suicide attempts. Richard eventually succumbed to the fact that his condition would never be reversed and that the only effective treatment was pain medication, which proved to be extremely difficult to obtain.
While Richard endured his medical and legal battles, one thing remained constant—the love and support of his family, particularly his wife, Linda. The couple met through an ROTC program during their undergraduate years in New Jersey and married shortly after graduating from college. After working as a probation officer and an EMT, Richard went on to obtain a law degree from the University of Pennsylvania, but was never able to sit for the bar exam because he was on controlled substances to manage his pain. Fortunately, Linda was able to support the family with her career as an optometrist. The couple has three children who were 12, 14, and 15 years old when Richard was sentenced. Today Richard is in a Florida correctional institution while his family continues to fight for his freedom. Ironically, he is getting more pain medication in prison than he did at the time of his arrest.
Complied from PSR and inmate information.
9/23/05 BA