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Richard Paey is a man from the U.S. state of
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
who was falsely 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 Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
Governor Charlie Crist in September 2007.


Arrest and trial

Prosecutors said that Paey "could not possibly have been taking 25 pills a day himself" and charged him with possession with intent to sell. In 1985, Paey was involved in an automobile accident. A subsequent botched operation left him in nearly constant pain. Like many chronic pain patients, over the years he gradually developed a tolerance to the
opioid Opioids are substances that act on opioid receptors to produce morphine-like effects. Medically they are primarily used for pain relief, including anesthesia. Other medical uses include suppression of diarrhea, replacement therapy for opioid use ...
painkillers he was using to alleviate his suffering. Detectives began their investigation of him in 1996. Due to the quantities of pills he was prescribed, 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 was prescribed were not unusual for long-time users of opioids. Nonetheless,
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
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 City New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the Un ...
, 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 Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are inst ...
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 an
intrathecal pump An intrathecal pump is a medical device used to deliver (via an intrathecal catheter) medications directly into the space between the spinal cord and the protective sheath surrounding the spinal cord. Medications such as baclofen, bupivacaine, clo ...
delivering morphine directly into his back to alleviate his pain.


Pardon

After succeeding Florida Governor
Jeb Bush John Ellis "Jeb" Bush (born February 11, 1953) is an American politician and businessman who served as the 43rd governor of Florida from 1999 to 2007. Bush, who grew up in Houston, was the second son of former President George H. W. Bush ...
, 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.Miami Herald - Pain sufferer wins pardon, set free
''Miami Herald'' Paey's case is the subject of the book '' Pain In America'' and the film documentary '' The War on Drugs'', and was featured on the Showtime series '' Penn & Teller: Bullshit!''


References

{{DEFAULTSORT:Paey, Richard Living people People from Florida Prisoners and detainees of Florida American drug traffickers Year of birth missing (living people)