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The War Against Pain Medicine

by TChris

TalkLeft reported (here and here) the ordeal of Richard Paey, who, although wheelchair-bound, is serving a 25 year sentence for possessing Percocet and other medication that he used to control his relentless pain. His tragic story ends with an ironic note, reported by John Tierney:

The odd thing, [Paey] said, is that he's actually getting better medication [in prison] than he did at the time of his arrest because the State of Florida is now supplying him with a morphine pump, which gives him more pain relief than the pills that triggered so much suspicion. The illogic struck him as utterly normal.

"We've become mad in our pursuit of drug-law violations," he said. "Generations to come will look back and scarcely believe what we've done to sick people."

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    Re: The War Against Pain Medicine (none / 0) (#20)
    by Che's Lounge on Sat Dec 17, 2005 at 12:59:41 PM EST
    Maybe the prosecutor wanted a plea (conviction) and when Paey fought for a jury trial, they slammed him as hard as they could to punish him for acting up.

    Re: The War Against Pain Medicine (none / 0) (#1)
    by Jlvngstn on Sat Dec 17, 2005 at 01:01:23 PM EST
    Ridiculous, where are Jeb and Frist when you need them? Probably signing approvals for taps on Michael Schiavos phone.

    Re: The War Against Pain Medicine (none / 0) (#2)
    by Patrick on Sat Dec 17, 2005 at 01:01:23 PM EST
    15 counts of drug trafficking - Convicted by jury. After he was offered two separate plea deals one of which was for 5 months and some home detention.

    Re: The War Against Pain Medicine (none / 0) (#3)
    by DawesFred60 on Sat Dec 17, 2005 at 01:01:24 PM EST
    Its all about money and control over people.

    Re: The War Against Pain Medicine (none / 0) (#4)
    by Quaker in a Basement on Sat Dec 17, 2005 at 01:01:24 PM EST
    Fifteen counts of drug trafficking? Under Florida law, "trafficking" is assumed when the accused is found in possession of more that 28 grams. In Paey's case, the prosecutor admitted that he never distributed drugs.
    The Drug Enforcement Administration and the Pasco County Sheriff's office started following Paey late in 1996. Over the three-month investigation, investigators said that Paey used fraudulent prescriptions to obtain 800 pills of Percocet. Over a year's time investigators initially claimed that Paey filled 200 prescriptions for 18,000 pills, insinuating that Paey was selling the medicines.In fact, on the first day of Paey's trial, the prosecutor confirmed that the pills in question were solely for Paey's own use.


    Re: The War Against Pain Medicine (none / 0) (#5)
    by Patrick on Sat Dec 17, 2005 at 01:01:24 PM EST
    Quaker, If everything you say is the truth, then the prosecutor has an ethical issue. How can they prosecute for a crime they don't believe happened? Perhaps it's possession with intent to distribute, or some other such charge, where there was no actual exchange. I think there might be information out there that none of us are getting. 18,000 pills in one year breaks down to about 50 pills a day.

    Re: The War Against Pain Medicine (none / 0) (#6)
    by Jlvngstn on Sat Dec 17, 2005 at 01:01:24 PM EST
    50 pills a day, that would be 3 pills an hour based on a 16 hour a day habit, Patrick why don't you call Rush and find out how many he was taking a day? He sounds to me like a self medicator. Any evidence of dealing? Lots of cars coming by? Lots of cash laying around the house? Lots of baggies? Don't see any of that. Perhaps he should have hired Roy Black, but he is definitely tied up with Rush.

    Re: The War Against Pain Medicine (none / 0) (#7)
    by Patrick on Sat Dec 17, 2005 at 01:01:24 PM EST
    JL, I don't know how many pills Rush was taking, if it's personal use and they are paying for it, I don't have any problem with it. For this guy or Rush. Which is why I think there's more to this story. I think it's a prosecutors ethical obligation to only charge crimes they know there is a factual basis for. That said, if they knew Paey was just a self-medicator they had an ethical obligation not to charge him with trafficking.

    Re: The War Against Pain Medicine (none / 0) (#8)
    by Jlvngstn on Sat Dec 17, 2005 at 01:01:24 PM EST
    As I said, get back to me when you know how many Rush was taking, and with any other evidence supporting trafficking. Ridiculous.

    Re: The War Against Pain Medicine (none / 0) (#9)
    by scarshapedstar on Sat Dec 17, 2005 at 01:01:24 PM EST
    Yeah, this dude's living high on the hog, clearly pulling down G's with his dope dealing. Give me a break, Pat.

    Re: The War Against Pain Medicine (none / 0) (#10)
    by Patrick on Sat Dec 17, 2005 at 01:01:24 PM EST
    Scar, Living in poverty or a less than lavish lifestyle is not proof in and of itself that someone is not selling drugs. JL, The difference being this guy was convicted of trafficking, so apparently the evidence was there or at least 12 people thought it was there. Get back to me when you have a better argument. It very well may be ridiculous, that's what I'd like to find out. Like I said, I think the prosecutor, in any state for any crime, has an ethical responsibility to charge only those crimes which they think actually ocurred. If they didn't think Paey was trafficking, how could they argue that in court?

    Re: The War Against Pain Medicine (none / 0) (#11)
    by Quaker in a Basement on Sat Dec 17, 2005 at 01:01:24 PM EST
    If they didn't think Paey was trafficking, how could they argue that in court?
    Well, I think you've put your finger on why our host has an interest in this case.

    Re: The War Against Pain Medicine (none / 0) (#12)
    by Quaker in a Basement on Sat Dec 17, 2005 at 01:01:24 PM EST
    Here's an article that TL linked a while back. Excerpt:
    A juror later told the St. Petersburg Times he did not really think Paey was guilty of trafficking, since the prosecution made it clear from the outset that he didn't sell any pills. The juror said he voted guilty to avoid being the lone holdout. He suggested that other jurors might have voted differently if the foreman had not assured them Paey would get probation. The prosecutors, who finally obtained the draconian sentence that even they concede Paey does not deserve, say it's his fault for insisting on his innocence. "It's unfortunate that anyone has to go to prison, but he's got no one to blame but Richard Paey," Assistant State Attorney Mike Halkitis told the St. Petersburg Times. "All we wanted to do was get him help."


    Re: The War Against Pain Medicine (none / 0) (#13)
    by Quaker in a Basement on Sat Dec 17, 2005 at 01:01:24 PM EST
    Shoot. Link.

    Re: The War Against Pain Medicine (none / 0) (#14)
    by Patrick on Sat Dec 17, 2005 at 01:01:24 PM EST
    Quaker, Sounds like Mr Paey has grounds for an appeal. Good luck to him if he's just self medicating. He should go to jail if he's distributing or intended to distribute.

    Re: The War Against Pain Medicine (none / 0) (#15)
    by Aaron on Sat Dec 17, 2005 at 01:01:24 PM EST
    My first thought was that, for a 25 year sentence, surely this was 28 grams or more of the actual substance (which, at about 10 mg per Percocet pill, would be 2800 pills). But no. Under Florida's criminal code, section 893.135, it can be a "mixture containing any such substance", which may be appropriate language for dealing with street drugs which have been "cut", but raises some real issues when dealing with pharmaceuticals. There is no question here that somebody broke the law. The doctor, in writing prescriptions that he shouldn't have written, then perjuring himself to protect himself. Or the patient, in forging the prescriptions. (The jury believed the doctor, and I have yet to see anything which would suggest that they were wrong to do so.) But no matter how you look at the drug war, this outcome is an insane byproduct of that "war". As for the juror not believing he was actually trafficking? It doesn't make any difference under the statute, which is probably why they convicted despite their doubts.

    (c)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as "trafficking in illegal drugs," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

    ***

    c. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.



    Re: The War Against Pain Medicine (none / 0) (#16)
    by Patrick on Sat Dec 17, 2005 at 01:01:24 PM EST
    Aaron, Thanks for the law. That clears it up for me. This law has nothing to do with personal use vs distribution, it's simply a weight enhancement. Did the DA's office have to charge it?

    Re: The War Against Pain Medicine (none / 0) (#17)
    by roger on Sat Dec 17, 2005 at 01:01:25 PM EST
    Patrick- They could have charged the lessor crime, or pled it down. Once the conviction is there, it is a minimum mandatory sentence, but it could go lower if the parties stipulate. Non capital juries in florida are 6, not 12 jurors. You are right about trafficking being a weight enhancement. They labeled it "Trafficking" because it sonds good. With hydrocodone, 5-6 pills is enough to get to a trafficking weight. All of those stomach buffers increase the weight of the pill by a lot

    Re: The War Against Pain Medicine (none / 0) (#18)
    by Jlvngstn on Sat Dec 17, 2005 at 01:01:26 PM EST
    Posted by Jlvngstn at July 19, 2005 03:02 PM As I said, get back to me when you know how many Rush was taking, and with any other evidence supporting trafficking. Ridiculous. Argument stands.

    Re: The War Against Pain Medicine (none / 0) (#19)
    by Patrick on Sat Dec 17, 2005 at 01:01:27 PM EST
    Argument irrelevant...Next