Man in Wheelchair Gets 25 years in Jail for Oxycodone Prescription Tampering

[canuckofapeach]

Florida's drug trafficking laws were stretched beyond their logical limit when they were applied to Richard Paey, a Pasco County man now serving a 25-year mandatory minimum sentence. Paey suffers from debilitating and chronic pain, and he may have violated the law in order to obtain more pain medication. But Paey was convicted of a crime designed to put away drug kingpins and sentenced accordingly. It is a sentence that should not stand.

This sentiment was well articulated in a stinging opinion by Associate Judge James Seals in the 2nd District Court of Appeal case of Paey vs. Florida, in which Paey appealed his sentence as cruel and unusual punishment. Unfortunately, Seals was writing in the dissent.

Two members of the three-member panel voted to uphold Paey's sentence in a ruling Wednesday that said there was no legal error. The court said that while conditions surrounding Paey's case would "naturally evoke sympathy," it was the executive branch that should be appealed to for a pardon or commutation of sentence, not the courts. "Mr. Paey's argument about his sentences does not fall on deaf ears, but it falls on the wrong ears," wrote Judge Douglas Wallace for the majority.

There is no doubt that Paey's case is a prime candidate for executive clemency, and the governor and state clemency board should grant it. Paey applied immediately following the court's ruling. But the court showed remarkable indifference to the overzealous prosecution and miscarriage of justice to which Paey has been subjected.

Due to a catastrophic auto accident and botched back surgery, Paey, who uses a wheelchair, lives with unremitting back pain. He came to the attention of law enforcement when he filled prescriptions for 700 oxycodone pills and large quantities of other pain relief medications within 36 days. While Paey said his doctor okayed his treatment, there was evidence that suggested Paey tampered with the prescriptions.

But there is no evidence Paey intended to do anything with the medicine other than relieve his own pain. Yet the state charged him under a draconian drug trafficking law.

Seals laid out the absurdity of this result: "I suggest that it is unusual, illogical, and unjust that Mr. Paey could conceivably go to prison for a longer stretch for peacefully but unlawfully purchasing 100 oxycodone pills from a pharmacist than had he robbed the pharmacist at knife point, stolen 50 oxycodone pills which he intended to sell to children waiting outside, and then stabbed the pharmacist."

Seals said that he would quash the mandatory sentence as cruel and unusual, and send the case back for resentencing based on Paey's actual acts. That would have been a proper result. But if the courts won't afford Paey a sensible, fitting and just sentence, then the governor and clemency board have a moral duty to do so.

When the governor's daughter, Noelle Bush, was found guilty of prescription tampering, she received a referral to a drug treatment program. That kind of proportionate sentencing and balance between a defendant's guilt and punishment also should apply here.

http://www.sptimes.com/2006/12/10/Op...ce_witho.shtml - An Editorial

[ObMax1212]

That sucks.

[RO56]

Cry me a river ...

[Kate]

Due to a catastrophic auto accident and botched back surgery, Paey, who uses a wheelchair, lives with unremitting back pain. He came to the attention of law enforcement when he filled prescriptions for 700 oxycodone pills and large quantities of other pain relief medications within 36 days. While Paey said his doctor okayed his treatment, there was evidence that suggested Paey tampered with the prescriptions.

700+ pills in 36 days? WTF?

Believe me, I understand pain. I'm dealing with nerve and disc damage right now, but I don't even go through the meds that my doc gives me a month (60 Darvocets, and that to me is excessive). I'd feel like a freaking junkie if I did.

While I may not experience the same pain as Paey does, I think THAT many pills is beyond excessive. It sounds more like he's addicted than anything.

If he's tampering with his scripts to get MORE pills (as if he didn't have enough), he should be punished, just like anyone else would.

It doesn't matter if you're in a wheelchair or not. If you break the law, you should be made to suffer the consequences.

[DB839282]

Getting yourself more medication to ease your pain justifies 25 years?

Punished, sure.

But this isnt too much?

[Twelve Volt Man]

[QUOTE=Kate;721754]700+ pills in 36 days?[QUOTE]


My thought exactly! Without knowing all of the details, I'll reserve judgment. Based upon the infromation provided, though, 700 pills in a month is indicative of drug trafficking.

[Kate]

[QUOTE=DB839282;722204]Getting yourself more medication to ease your pain justifies 25 years?

Serioulsy, who needs 700 oxycodone pills & large quantities of other pain pills a month to ease their pain? And what doctor in their right mind would approve of someone taking drug cocktails of that much medication, especially oxycodone? Now I'm wondering what how strong the dosage was...

Geez, how many pills an hour was this guy taking, IF he indeed was taking them all?

C'mon, seriously now...they're either addicted big time or as 12v pointed out, drug trafficking.

Punished, sure.

But this isnt too much?

Nope.

[RO56]

Getting yourself more medication to ease your pain justifies 25 years?

Last time I checked, he was convicted and sentenced to 25 years for breaking the law.

BTW: Nice try at putting a a liberal spin on criminal behavior ... :rolleyes:

[shorty26]

So being in a wheelchair makes one incapable of committing a crime?:rolleyes:

Like RO56 said- "cry me a river"

[DB839282]

I'm not arguing he doesnt deserve to be punished.

But if there is no evidence, as the article says (which can be wrong) that he was in fact selling them to other people, and that he was using the pills just himself, why should he be charged as a drug kingpin and given 25 years?

I'm not saying he should get off for it because he did committ a crime.

But the space in prison couldnt be better used for the next 25 years?

[shorty26]

700 oxycodone pills a month equals roughly 22.5 a day. I am no doctor, but I think taking 22 oxycodone pills a day would be enough to at least OD your rear end.

I have not seen all the evidence, but I am sure that the courts would not have sentenced him to 25 years if they did not at least have a little evidence that he was selling these things.

It seems in this country it is difficult to get a conviction with a video tape and a smoking gun in the hand, much less having no evidence at all.

If a person had 15 bricks of pot, he probably could not get away with saying it is for personal use. I think 700 pills in a month would fall under this same type of thing.

[DB839282]

Ahhh, but the article doesnt say he used 700 in 36 days just that he filled it.

But it's hard to argue without the whole case in front of me. The article is sketchy in areas.

[Super Six 5]

By your reasoning, somone arrested with a kilo of cocaine should be arrested under the assumption that it's for personal use.

[RO56]

Ahhh, but the article doesnt say he used 700 in 36 days just that he filled it.

Exactly.

And if he's not USING them, what's he doing with them - keeping them in his socks to make his feet feel good? No, more than likely, he's SELLING them. Which is what/why he was convicted.

But if there is no evidence, as the article says (which can be wrong) that he was in fact selling them to other people, and that he was using the pills just himself, why should he be charged as a drug kingpin and given 25 years?

Our laws require those charged to be tried by the court and a jury (or judge). Relying upon a obviously far-left liberal journalist isn't prudent.

[oscarmitre]

Slice it anyway you like, the problem here is the mandatory sentencing aspect. For mine mandatory sentencing, if it's in a statute, should be very, very limited in its application. This is plainly excessive.