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ADVOCACY ALERT
March 21, 2007
Dear Florida APF member and Pain Relief Advocate,
ACTION REQUESTED!
Join with us at APF to TAKE ACTION and send a message to Governor Crist, to let him know the impact of lack of pain care and request clemency for Richard Paey. The battle continues for Richard Paey, as the Supreme Court of Florida recently released its decision denying the request to hear his appeal (see Background).
Thank you to everyone who has responded to past alerts! We need your help and that of others, as this continues to be an important opportunity to SPEAK OUT, tell your pain story and request clemency from the new Governor.
WHY IS THIS IMPORTANT?
For many people, severe pain may be unimaginable. But, in fact, millions of Americans suffer acute and chronic pain and research tells us that the majority of people seeking relief for their pain are untreated, undertreated or improperly treated; and they know this painful truth. Millions of Americans know that untreated pain can drive a person to depression, desperate means and even suicide. The case of Richard Paey illustrates just this very issue.
We, at the American Pain Foundation, believe sentencing Richard Paey to 25 years in prison for drug trafficking is a harsh punishment, as he exemplifies the tragic plight of pain patients, who live in constant severe pain, are failed by our healthcare system, and can be driven to desperate measures.
BACKGROUND
As you may recall on December 15, 2006, the APF launched an action alert to APF members calling for Florida residents and others to appeal to then Governor Jeb Bush for clemency for Richard Paey. Mr. Paey is a 47 year old father of three who suffers from intractable pain caused by a severe spinal injury and Multiple Sclerosis. A year ago he was sentenced to 25 years in prison for drug trafficking. Governor Bush failed to act prior to leaving office.
Recently, the Supreme Court of Florida released its decision on Friday, March 9, 2007 denying the request to hear Paey’s appeal. In essence, the Florida Supreme Court refused to decide whether the dissenting opinion of the Court of Appeals of Florida was right or not, that is, that it was cruel and unusual punishment to confine Richard as a drug trafficker when he was proven to be a chronic pain patient who was only taking the medication necessary to relieve his unbearable pain. It was never shown that Paey sold or diverted his medication supply though sentenced for that accusation. As explained under Florida law, "a person need not sell anything to commit the 'trafficking' offense...A person may commit the offense by knowingly being in actual or constructive possession of an enumerated controlled substance in a quantity equal to or greater than a weight designated by statute." in this case, 28 grams of the opioid medication oxycodone. The real tragedy of the law is that it considers the whole weight of the pill and not just the portion which was an opioid. In this case, only 3% of the pill was oxycodone….the rest was acetamenaphine. So, only 3% of the 28 grams was an opioid.
The Court of Appeals of Florida on December 6, 2006 did said that the injustice of Richard's case did not fall on deaf ears but on the "wrong ears," and that a request to the Governor to grant clemency was the proper course of action. In other words, the Court of Appeals supported that the just and right thing for the Governor to do is to grant clemency. Therefore, you, have another opportunity as a resident of Florida to use APF's online Advocacy Center. Please write Governor Charlie Crist to request clemency for Richard Paey.
Please take this opportunity to speak out, tell your pain story. Let Governor Crist know the impact of lack of pain care and request that he grant clemency to Richard Paey.
TAKE ACTION NOW! 
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