If you want proof that the drug war is inhumane, our laws unconstitutional, and our justice system unjust, you need look no further than the case of Richard Paey. A disabled father of three, Paey is now about three years into a 25-year sentence for narcotics possession and drug trafficking.
Paey's crime was being in pain and taking prescription medicine. He had no illegal drugs. He never sold any drugs. There was no real evidence of any fraud or wrongdoing, yet his conviction was perfectly legal in the state of Florida. And perfectly unjust.
Currently there a clemency petition before the Florida Governor. There's a good chance that our support could make a difference to correct this gross injustice. Not only would it help Richard Paey, but it gives us a chance to express our concerns about mandatory minimums and the drug war.
Please continue over the jump for the contact information and details about the case...
Paey's appeals are done and his last chance of getting out of prison is if he's granted clemency by Governor Charlie Crist. His clemency petition was recommended by the Florida Parole Commission and the governor has made a statement that indicates he may be sympathetic. Paey's wife and lawyer are asking for public support.
if you'd like to skip the case details and go directly to the contact information, scroll to the bottom of the post.
In 1985, Richard Paey was in law school. On his way to class one day, he injured his back in a car accident, leaving him with chronic pain. He had surgery a few months later which provided some relief, but it was only temporary. In 1987, he had another surgery, a fusion procedure, during which the doctors installed an experimental type of pedicle screw which was not FDA approved and later triggered a class-action lawsuit.
Paey has been living in a nightmare of pain ever since. The screws cannot be removed, or Paey risks paralysis. Doctors have been reluctant to treat him because of the prior litigation, even though Paey was not involved in it. What's more, Paey was subsequently diagnosed with multiple sclerosis.
He managed to finish law school. As well as pain, Paey has muscle spasms that impair his breathing. He tried to go on with his life, but had to quit his job as a law clerk and go on disability. Eventually, he and his family settled in New Jersey where his wife, Linda, worked as an optometrist. Richard Paey spends most of his time in a wheelchair or in bed.
Because of our drug laws, doctors are reluctant to prescribe pain medication, especially in the doses that a patient like Richard Paey requires, fearing attracting the DEA's attention. But Paey's doctor in New Jersey, Dr. Stephen Nurkiewicz, was willing to take him on as a patient and help alleviate his suffering, even though there wasn't anything he could do to "cure" him. Paey tried every other sort of pain relief method -- from biofeedback to chiropractors to hypnosis -- but only drugs really helped. There were no problems until the Paeys had to move to Florida in 1997.
In Florida, Paey couldn't find a doctor willing to take him on as a patient. Dr. Nurkiewicz was sympathetic to this situation and continued to prescribe Paey's medication. He phoned and faxed prescriptions in and gave Paey post-dated written prescriptions for the ones that aren't allowed to be phoned or faxed. He verified those prescriptions when the pharmacy called.
But the pharmacy thought that was suspicious and contacted Pasco County deputy B.J. Wright who agreed and contacted the DEA. They then visited Dr. Nurkiewicz who at first confirmed that he'd prescribed all of the medication. After being informed he could be facing 25 years for trafficking, he changed his story. Faced with prosecution, Nurkiewicz flipped and became a witness for the prosecution.
The authorities surveilled Paey for weeks, but never saw him doing anything but picking up his prescriptions. Under Florida law, if you're found with 28 grams of narcotics, you are assumed guilty of trafficking, even with no evidence that you've ever sold any drugs. And Florida law counts not just the small amount of narcotic in the pills, but the tylenol as well. In 1997, police burst into Paey's home and arrested him in front of his family.
Faced with the enormity of the charges, he was reluctant to plea bargain. He knew he was innocent. What he didn't realize was the extent that the drug war had perverted our laws. He thought if he wasn't trafficking, he couldn't be found guilty of it. He thought with no evidence of fraud except the extorted and conflicting statements of the doctor, that surely a jury would have sense and compassion. He also knew that by accepting the plea bargain he'd be a convicted felon and would have trouble ever getting his pain pills again.
He did initially accept a plea bargain, but choked up with tears and couldn't say the words. Maintaining he'd done nothing wrong, he went to trial -- surely a jury would understand. But the jury didn't -- they weren't allowed to hear that there was a mandatory minimum of 25 years for a conviction. They assumed he'd get probation and were told it was their duty to follow the letter of the law. One key fact that plays a part in the conviction was that the prosecutor maintained that no person could take the amount of painkillers Paey was taking. This is contradicted by pain specialists.
One wonders why the prosecutor would be so seemingly vindictive as to pursue these charges. It seems extreme. But Assistant State Attorney Scott Andringa explains the current prosecutorial mindset:
"As a trial lawyer, normally you charge the highest crime that you can prove. If it goes to trial, you might as well lean on that. Then there's [the option] to plead the case out. I understand someone wanting to have their day in court... But they have to accept that with that there's a risk, and in the case of Richard Paey it was a 25-year mandatory minimum, which he knowingly and willingly accepted."
In other words, the prosecutors don't bring the charges they know fit the crime -- they bring the most extreme charges to use as a bludgeon to get someone to accept the plea bargain, turning justice into a high-stakes gamble. If you lose, tough luck -- that's what you get for forcing them into a trial. Andringa doesn't even feel bad about it:
“While I have sympathy for him, the system did what it does. Everyone did their job. … We made a decision based on laws passed by the Legislature and signed by the governor. We made the right filing decision as evidenced by the jury’s verdict. I don’t see this as an issue of whether our office did the right thing … I have no personal or professional regret about what we’ve done in this case.”
Currently, Richard Paey receives more pain medication in prison than he was convicted of obtaining. He finally has some relief from his physical condition. Let's help him get relief from our justice system. His clemency petition is in the governor's hands and he says of the case:
"It's always important to be open minded to review those kinds of cases when people have had their rights abridged. It's important to give them relief as quickly as possible."
Let's lend Paey our support. He, his wife, and his three young children would thank you and, just maybe, we can send a message that there's public support for politicians who will take on this broken system. We need to let them know we want them to stop being tough on crime and start being smart on crime.
Contact Florida Governor Charlie Crist:
E-mail: charlie.crist@myflorida.com
The Honorable Charlie Crist
The Capitol 400 South Monroe Street
Tallahassee, Fla. 32399
Phone: 850-488-7146
Fax: 850-487-0801
Update: noweasels has provided the contact information for the Commissioners as well as a link to the pdf of the petition. And Jennifer Clare has provided the commissioner's email addresses. Thank you!
In addition to the Governor, Mr. Paey will require affirmative votes from two of the following members of the Clemency Commission:
The Honorable Bill McCollum, Attorney General
Department of Legal Affairs
The Capitol
Tallahassee, Florida 32399-1050
(850) 414-3300
Office of Cabinet Affairs
(850) 245-0145
The Honorable Alex Sink, Chief Financial Officer
Department of Financial Services
The Capitol
Tallahassee, Florida 32399-0300
850-413-2850
Office of Cabinet Affairs
(850) 413-2824
The Honorable Charles H. Bronson, Commissioner
Department of Agriculture and Consumer Services
The Capitol
Tallahassee, Florida 32399-0810
(850) 488-3022
Office of Cabinet Affairs
(850) 410-6747
Email addresses:
Bill McCollum: ag.mccollum@myfloridalegal.com
Alex Sink: cfo@fldfs.com
Charles Bronson: commissioner@doacs.state.fl.us
Charlie Crist: charlie.crist@myflorida.com
crossposted from Unbossed.