Pubdate: Wed, 08 Feb 2006
Source: Tampa Tribune (FL)
Copyright: 2006, The Tribune Co.
Contact:  http://www.tampatrib.com/
Details: http://www.mapinc.org/media/446
Note: Limit LTEs to 150 words
Author: Todd Leskanic
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)

FELON FIGHTING DRUG WAR

TAMPA - Chronic pain from a spine injury forced Richard Paey to take 
potent narcotics just to get through the day.

Prosecutors viewed the Hudson man's dependence on Percocet and Lortab 
as criminal trafficking, unlawful possession and prescription fraud.

In 2004, a Pasco County jury agreed, finding Paey guilty of all three 
offenses and sending him to prison for 25 years. Paey appealed; 
Tuesday, the burgeoning battle between chronic pain sufferers and the 
criminal justice system came before the 2nd District Court of Appeal.

During arguments Tuesday, attorney John Flannery, of Virginia, who 
represents Paey, said his client's sentence violates the U.S. 
Constitution's prohibition against "cruel and unusual punishment."

In response, Assistant Attorney General John Klawikofsky said any 
change to the statute should be made by the Florida Legislature, not 
the courts.

Judges E.J. Salcines, Douglas Wallace and James Seals, who heard 
Tuesday's arguments, will decide whether to uphold Paey's sentence or 
grant him a new trial.

Paey, 47, made national news recently in his battle against a 
criminal justice system that pain advocates say is fighting a 
sometimes misguided war on drugs.

Paey's story began in 1985 when he was in a car accident while living 
in Philadelphia.

He has endured several failed surgeries and an enduring pain he says 
makes his legs "feel like they're on fire" if he doesn't have 
adequate pain medication.

He and his wife, Linda, moved to Florida from New Jersey in 1994. 
Three years later, Pasco County sheriff's deputies searched his home 
on Cypress Knee Drive and found several hundred pills and equipment 
they said he used to forge prescriptions.

Paey's 25-year sentence was not unusual, Klawikofsky said.

"He had 800 pills of oxycodone in a month and a half," Klawikofsky said.
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