JAILED MAN'S SUFFERING MERITS SHOT AT MERCY

At first blush it would seem a literal no-brainer that the state Board
of Executive Clemency shouldn't have to take but a few moments to
realize the defendant pleading for mercy and justice before them has
about as much business being in prison as a Soviet era dissident.

But then again, had you told Richard Paey that he would wind up in the
big house - in the United States, in the 21st century - doing a
25-year stretch for simply being a very infirm man the idea would have
been laughable.

A Salem witch hunt defendant got a fairer shake from the criminal
justice system.

That could change Thursday when the clemency board - which consists of
Gov. Charlie Crist, Chief Financial Officer Alex Sink, Attorney
General Bill McCollum and Agriculture Commissioner Charles Bronson -
takes up Paey's appeal to be released from the Tomoka Correctional
Institution.

Paey's surreal trip down Florida's yellow brick road of yahoo crime
and punishment began in 1997 when Pasco County sheriff's gumshoes
charged Paey with trafficking in oxycodone, possession of hydrocodone
and obtaining a controlled substance by fraud. My Lil' Friend

Cue the "Scarface" theme.

You might think the sleuths had busted the Pablo Escobar of Pasco
County.

Instead, this so-called fiendish drug dealer was in reality a
middle-aged lawyer with acute, unrelenting back pain resulting from a
car accident who also was dealing with the onset of multiple
sclerosis. At the time, he needed leg braces and crutches to get around.

Paey insisted that the medications, obtained with prescriptions from
his New Jersey doctor, were for his own use to ease his pain.

At his trial not a shred of evidence was produced to suggest Paey had
ever sold or distributed the drugs, and neither was proof submitted to
show the defendant had forged prescriptions.

Still, under state statutes making it a felony to possess more than
four grams of oxycodone or hydrocodone, Richard Paey was convicted and
sent to the hoosegow for a quarter of a century. Taxpayer Expense

Or put another way, Richard Paey was given a de facto life sentence
for being ill.

That's not due process. It's overzealous badges on a prosecutorial
high.

Ironically, the 48-year-old Paey's medical condition has worsened in
the more than three years he has been in prison. He now has to use a
wheelchair and - at taxpayer expense - is receiving greater pain
management dosages than he was convicted of obtaining.

In technically upholding Paey's sentence, the 2nd District Court of
Appeal also noted he was a prime candidate for clemency. As well, the
Florida Parole Commission agreed the case deserved to be fast-tracked
to the clemency board for consideration.

Indeed, the idiocy of Richard Paey's legal plight has become something
of an international cause celebre. And Crist press spokesman, Anthony
DeLuise, said the governor's office has received more than 50 letters
"overwhelmingly supporting" clemency for Paey.

By any standard of common sense and common decency Richard Paey is no
criminal.

He is a very sick man who at long last deserves Lady Justice to take
pains to right a wrong.