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Clemency - Healy, Paul
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4520447
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Clemency - Healy, Paul
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Philip W. Buchen Files
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The original documents are located in Box 4, folder "Clemency - Healy, Paul" of the Philip
Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 4 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
Dr. Pault.Healy
C. Reevesdaylor, atty
Robert Harman
FORDO is LIBRARY 07V830
HEALY, PAul T.
CC: The Honorable Robert D. Harman
Paul T. Healy
C. REEVES TAYLOR
Cojny
ATTORNEY AT LAW
Ken
KEYSER, WEST VIRGINIA 26726
P.O. DRAWER T
August 23, 1976
TELEPHONE: AREA CODE 304
115 ARMSTRONG STREET
788-5150
Mr. Philip Buchen
The White House
Washington, D. C.
Dear Mr. Buchen:
This letter follows my telephone contact with you
previously regarding my client, Dr. Paul T. Healy, an inmate
of Allenwood Prison Farm in Montgomery, Pennsylvania.
You will find enclosed with this letter a photocopy
of Dr. Healy's request for a National Appeal of his hearing
for a release from confinement. Also enclosed please find a
copy of the Notice of Action on the Regional Appeal.
It is Dr. Healy's contention that the original grounds
and reasons given both the United States District Court for the
Northern District of West Virginia and the Board of Parole
Hearing Groups and Appellate Commissions for his release from
confinement in that the patient load is too great for the re-
maining medical staff in this community and that his patients
are not receiving proper medical care based on his inability
to be in the Keyser vicinity to practice medicine should grant
him a release from confinement.
It would seem that if the proper emphasis could be
given by the National Appellate Board as to this reason for release,
then such a parole could be supported and substantiated upon the
need of the public and the patients in the area where Dr. Healy
has his practice. Also, I am advised that Dr. Healy comes up for
a four-day furlough in the month of September, 1976, and it would
seem reasonable that if a parole was authorized, it could be
authorized at this same time in order that he would not have to
return to Allenwood.
If you have any questions upon receipt of this letter or
need any other information, please feel free to contact this office.
Very truly yours,
C. Reeves Taylor
CRT:blm
LIBRARY GERALD to FORD
Enclosure
* U. n. GOVERNMENT PRINTING OFFICE: 1974-056-096
BPR FORM 1-22
8-9-74
UNITED STATES DEPARTMENT OF JUSTICE
United States Board of Parole
OF
Washington. D.C. 20537
BOARD OF PAROLE JUSTIT
Appeal
Name HEALY PAUL T.
Register Number 00969-134 Institution ALLEN Wood
I have received a Notice sent
8/6/76
and
(Date)
(Initial where applicable)
the reasons given for the denial or continuance do not support the decision. (Explain on
reverse side)
there was significant information not known to me at the time of the hearing which was not
considered. (Explain on reverse side)
Based on the above grounds, I wish to appeal the decision.
REGIONAL APPEAL
I appeal to the Regional Director(s) to review and reverse or
modify the decision.
(Witness signature)
(Signature)
(Date)
NATIONAL APPEAL
I appeal to the National Appellate Board to review and reverse
or modify the decision.
Recreatayly (Witness signature)
Paul Heals
8/13/70
(Signature)
(Date)
NOTE:
If a regional appellate hearing is scheduled as a result of this appeal, or if a hearing before the
entire Board is scheduled, the prisoner may have one or more representatives of his own
choosing appear at that hearing. The time and place will be furnished. The prisoner will not
be permitted to appear personally.
Indicate whether you want representation in the event a regional appellate hearing or a hearing before the
entire Board is scheduled
(Initial where applicable)
I do not wish to have a representative present.
LIBRARY GERALD = FORD
I wish to be represented by:
(Name)
(Street Address)
(Telephone area code and number)
(City, State and Zip code)
Parole Form H-29
(Rev. May, 1976)
UNITED STATES DEPARTMENT OF JUSTICE
United States Parole Commission
PRO JUSTICE: 100 SEQUITUR U.S. PAROLE
Washington, D.C. 20537
Deluire
Notice of Action on Appeal
OF
PAUL T. HEALY
Name
00969-134
Allenwood
Register Number
Institution
REGIONAL APPEAL: The appeal by the above-named has been carefully examined by the Regional Director(s) and
the following was ordered:
X
(a) No other information submitted for
Affirmation of the previous decision. requested review was deemed significant
enough to affect the decision. (b) Reasons given support the order.
Reversal or modification of the previous decision, as follows:
An institutional hearing during the month of
A regional appellate hearing before the Regional Director.
You have a right to appeal this order to the National Appeals Board. Forms for that purpose may be obtained
from your caseworker, and must be filed with the Chief, Classification and Parole (or his equivalent), within
30 days of the date shown below. All appeals (Regional and National) must be sent to the Regional Office for processing.
NATIONAL APPEAL: The appeal by the above-named has been carefully examined by the National Appeals Board and
the following was ordered:
Affirmation of the previous decision.
Reversal or modification of the previous decision as follows:
An institutional hearing during the month of
A rehearing at the regional appellate level.
A hearing before the entire Commission (applicable only in cases where the Regional Directors assumed
original jurisdiction).
All decisions by the National Appeals Board on appeals are final.
August 6, 1976
NORTHEAST
(Date Notice sent)
(Region-specify)
is
FORD
1jb
SERALD
LIBRARY
National Appeals Board
(Docket Clerk)
(Check)
INMATE COPY
FPI LC 6.76 18M SETS 9479
file to
C. REEVES TAYLOR
ATTORNEY AT LAW
KEYSER, WEST VIRGINIA 26726
P.O. DRAWER T
September 14, 1976
TELEPHONE: AREA CODE 304
115 ARMSTRONG STREET
788-5150
National Appellate Board
United States Board of Parole
United States Department of Justice
Washington, D. C. 20537
RE: Paul T. Healy
Register No. 00969-134
Allenwood Prison Farm Inmate
Gentlemen:
It is my understanding that the matter of the
above named inmate is presently being considered by your
Board and I am enclosing herewith a Statement Supporting
National Appellate Board Appeal which I trust will be duly
considered and that a parole might be granted the said
Paul T. Healy. If a date is set for the hearing and your
Board would desire that I be present to give a personal
statement or if the Board would consider time to hear from
a selective number of his patients, I would appreciate
notification of this as to a date and time for such hearing.
I can only state in closing that it would appear
that it is quite necessary for the patients of Dr. Healy
and for the betterment of his family that he be released at
this time and date.
Very truly yours,
C. Reeves Taylor
CRT:blm
Enclosure
CC: Paul T. Healy, w/enc.
FORD
bc: Mr. Philip Buchen, w/enc.
The Honorable Robert D. Harman, w/enc.
LIBRARY
PENDING BEFORE THE UNITED STATES DEPARTMENT OF JUSTICE
UNITED STATES BOARD OF PAROLE
RE: Paul T. Healy
Register No. 00969-134
Allenwood Prison Farm Inmate
STATEMENT SUPPORTING NATIONAL APPELLATE BOARD APPEAL
The undersigned as attorney for the above named person
would respectfully submit this statement as authority for a
favorable ruling on the parole of Paul T. Healy before this
National Appellate Parole Board and would most respectfully sub-
mit the following:
1. That the Parole Examining Board and the Regional
Appeal Board failed to give proper consideration to the salient
factor for which the above named person obtained, in that said
inmate obtained a perfect score of 11.
2. That the Hearing Board and Regional Appeal Board
erred in using as guidelines established by the Commission in
adult cases a period of 16 - 20 months to be served before a
release, since the original imposition of this sentence was only
12 months.
3. That the Parole Hearing Board and Regional Appeal
Board erred in not considering the most recent guidelines as
promulgated by the United States Board of Parole in that for
crimes of this type where the sentence is 12 months or less,
the above named party is eligible for parole when he has served
one-third of his sentence.
4. The Parole Board and Regional Appeal Board erred
in not considering the fact that the inmate is presently needed
in the community of Keyser, West Virginia, in the practice of his
profession in the healing of his patients and consideration should
have been given to the fact that a near emergency exists in the
area of Keyser and vicinity for medical services which the
inmate can provide. In support of this contention reference is
hereby made to the petition heretofore filed in the United States
C. REEVES TAYLOR
ATTORNEY AT LAW
KEYSER, W. VA.
District Court proceeding and this parole proceeding of some
twenty-five hundred to three thousand persons outlining the need
for Paul T. Healy's medical services in the area of Keyser, West
Virginia, and vicinity. Additionally, the undersigned as counsel
does average at least once a day calls from patients of the said
Paul T. Healy wanting to know when he would be available so that
they can receive medical care and treatment. The release of
Paul T. Healy would appear to be even more necessary since his
patients constitute approximately one-third of the area of
Keyser and considering the approaching influenza seasons.
5. The Parole Hearing Board and Regional Appeal Board
erred in not considering the fact that due to the amount of time
confined and the great need for the inmate to be with his family
and to exercise parental control over his children, which children
are presently with their stepbrother, Dr. Healy's natural son,
and that besides parental control he needs to provide financial
and other support for said minor children.
THEREFORE, the undersigned attorney for Paul T. Healy
would most respectfully request that this National Appellate Parole
Board consider these factors and reasons for the release of the
said Paul T. Healy from further incarceration, that if said
Board desire it may request and hear from the undersigned as
counsel and from a representative number of his patients in
regards to these reasons outlined herein and that upon due con-
sideration of all these facts and matters that the said Paul T.
Healy be granted a parole.
PAUL T. HEALY, ALLENWOOD PRISON FARM
INMATE, BY COUNSEL
C.
115 Armstrong Street
P. O. Drawer T
Keyser, West Virginia 26726
Attorney for Paul T. Healy
C. REEVES TAYLOR
ATTORNEY AT LAW
KEYSER, W. VA.
FORD
LIBRA
Northern District of West Virginia
State of West Virginia,
County of Mineral, to-wit:
C. Reeves Taylor, being duly sworn, deposes and says
that he is the attorney for Paul T. Healy, Allenwood Prison Farm
Inmate named above and knows the contents thereof, and that the
same are true of his own knowledge, except as to those matters
therein alleged on information and belief, and as to those
matters, he believes them to be true.
Reeves Taylor
Counsel for Paul T. Healy
Sworn to before me this 14th
day of September, 1976.
Setty L. Markwood
Notary Public
My Commission Expires February 14, 1985
C. REEVES TAYLOR
-3-
ATTORNEY AT LAW
KEYSER, W. VA.
LIBRA
STATE OF STATE OF
Hasmen, Robt.
INVINOIR
SEUND
Ken handled.
HOUSE OF DELEGATES
WEST VIRGINIA LEGISLATURE
STATE CAPITOL :- PHONE 348-3456
CHARLESTON 25305
ROBERT D. HARMAN
ONE BAKER PLACE
KEYSER, W. VA. 26726
August 30, 1976
Mr. Philip Buchen
The White House
Washington, D. C.
Dear Mr. Buchen:
Our last hope for getting Dr. Paul T. Healy
released from Federal penitentiary lies in the hands
of the National Appallate Board.
I believe Dr. Healy has paid his debt to
society, and I believe a parole is in proper order.
I do hope that our community will be able to have
Dr. Healy's services during the month of September.
An early hearing of this matter will be greatly appreciated.
Please convey to the President my best wishes
for success in November.
Sincerely,
Robert D. Harman, Member
W. Va. Legislature
RDH:gt
cc: Dr. Paul Healy
C. Reeves Taylor
FORD & LIBRARY
Healy, Dr. Paul
Monday 7/19/76
5:20 I called Robert Harman to let him know the name
(office) (304) 788-3881
of the Regional Commissioner in Philadelphia ----
(home) (304) 788-1896
Mr. Joseph Nardoza
(215) 596-1868
Regional Commissioner
Scott Plaza II
6th floor
Industrial Highway
Philadelphia, Pa. 19113
FORD & LIBRARY 038870
Wednesday 7/14/76
4:55 A call came from Attorney Reeves Taylor of
(304) 788-5150
Keyser, West Virginia, who wanted to talk to
you about a letter to the President from
(after
5
p.m.)
788-1150
Delegate Robert D. Harman concerning
Dr. Paul T. Healy.
I transferred the call to Ken Lazarus since
you had asked him to give the matter top priority.
(see attached)
Ken not there
I
5:35
FORD is LIBRARY CENTAD
STATE OF RGINIA.
Capy Kin to Lazaus
HOUSE OF DELEGATES
WEST VIRGINIA LEGISLATURE
STATE CAPITOL
PHONE 348-3456
CHARLESTON 25305
ROBERT D. HARMAN
July 12, 1976
ONE BAKER PLACE
KEYSER, W. VA. 26726
Mr. Philip Buchen
The White House
Washington, D. C.
Dear Mr. Buchen:
I am in receipt of President Ford's letter of
July 7th. concerning the request for a parole of
Dr. Paul T. Healy. The President indicated that we
could contact you about the developments in this matter.
I am somewhat concerned that the appeal to the
Regional Commissioner will take an extended period of
time. According to the President's letter, the appeal
to the Regional Commissioner must be made thirty days
from June 24, 1976. It is my understanding that the
Regional Commissioner is not required to make a decision
until 90 days have passed. This would mean that it would
be late October before a decision would have to be made
by the Regional Commissioner. Also, it will be extremely
difficult for Dr. Healy to afford counsel fees when the
appeal is heard before the Regional Commissioner. Also,
if it becomes necessary, a further appeal to the National
Appeals Board would take time; thus, Dr. Healy's one year
sentence would be nearly culminated.
All of the evidence of community support is available
through Dr. Healy's counsel, Atty. C. Reeves Taylor,
Armstrong Street, Keyser, W. Va. 26726. This support possibly
could be documented by mail. I have asked Dr. Healy's counsel
to contact you in regard to this matter.
I hope you will bring to the President's attention my
thoughts in this matter.
Sincerely,
FORD is LIBRARY
Robert D. Harman, Member
W. Va. Legislature
Delegate Republican National
Convention
RDH:gt
July 7, 1976
Dear Mr. Harman:
After receiving your letter of June 24 in support
of a parole for Dr. Paul T. Healy, I had my Counsel,
Philip W. Buchen, inquire into the matter.
We understand that as a result of the parole hearing
on June 7, 1976, action was taken on June 24, the
very day of your letter, to continue Dr. Healy in
custody. However, it is now possible for Dr. Healy
to appeal from the parole examiners' action to the
Regional Commissioner of the Parole Board of
Philadelphia, Pennsylvania. This appeal must be
filed on a form provided for that purpose within
thirdy days from June 24, 1976.
In light of the circumstances set forth so ably in
your letter, I trust that Dr. Healy's appeal will
be promptly filed and that the medical needs of
the community previously served by Dr. Healy will
be fully presented to the Regional Commissioner.
In view of the interest and concern of so many
people within the area, as expressed in their
petition to the Judge prior to sentencing, I
would anticipate that ample evidence along the
same lines can be made available on the appeal
to the Megional Commissioner.
Although I cannot predict the outcome of an appeal
to the Regional Commissioner if the result is not
satisfactory to the community, a further appeal is
possible to the National Appeals Board. Such a
further appeal, of course, will not become necessary
if a convincing case can be presented at the
regional level.
I would very much like to be kept abreast of develop-
ments in this matter, and I suggest that you or
Dr. Healy's counsel call Philip Buchen at the White
House to provide him with the information which he
in turn will pass on to me.
FORD is LIBRARY 03RALD
- 2 -
I hope this letter will be of encouragement to
you and that the procedures to be taken will
bring the matter to a prompt and satisfactory
conclusion.
Very best regards,
Sincerely,
GERALD R. FORD
The Honorable Robert D. Harman
State Representative
One Baker Place
Keyser, West Virginia 26726
CC Mr. Bucher
FORD i LIBRANT GERALD
June 28, 1976
To:
Ken Lazarus
From: Eva Daughtrey
Mr. Buchen asked if you would
please give this top priority and
report to him.
FORD is LIBRARY 070839
THE WHITE HOUSE
WASHINGTON
June 26, 1976
ADMINISTRATIVELY CONFIDENTIAL
MEMORANDUM FOR:
PHILIP BUCHEN
FROM:
JIM CONNOR JEE
The attached letter was handed to the President yesterday
at the West Virginia luncheon.
The President indicated that Mr. Harman should receive a
response from him as promptly as possible. It's important.
Please prepare an appropriate response and return to this
office.
cc: Dick Cheney
Jim Field
Attachment
Letter from Robert D. Harman
House of Delegates - Charleston, West Virginia
dated 6/24/76
FORD
LIORARY
HOUSE OF DELEGATES
WEST VIRGINIA LEGISLATURE
STATE CAPITOL
PHONE 348-3456
CHARLESTON 25305
ROBERT D. HARMAN
June 24, 1976
ONE BAKER PLACE
KEYSER. W. VA. 26726
The Honorable Gerald R. Ford
President of the United States
White House
Washington, D. C.
Dear President Ford:
This letter is written in regards to a matter of extreme
importance to the citizens of Keyser, Mineral County, West
Virginia. This matter involves one Paul T. Healy, a medical
doctor of Keyser, and who presently is confined to Allenwood
Prison Farm in Montgomery, Pennsylvania. The confinement of
Dr. Healy was upon his plea of guilty to a misdemeanor crime
of failure to file an income tax for the taxable year of 1971.
I have been informed by Dr. Healy's counsel that Dr.
Healy completely and fully cooperated with the special investi-
gators of the Internal Revenue Service and voluntarily and freely
submitted his office records to them in an effort to determine
this tax liability. After their finding that a tax form was due,
this matter was turned over to the Justice Department; and,
subsequently, a criminal information was filed against Dr. Healy
in the United States District Court for the Northern District
of West Virginia. Dr. Healy at all times complied with the
directions of the U. S. Federal Court and was arraigned in
September of 1975 and thereafter on February 10, 1976, was
sentenced to a term of one year in the federal penitentiary and
a fine of $8,000.00, which fine has now been paid.
There is an extreme need for competent medical practi-
tioners in our area of the eastern panhandle of West Virginia,
and in our immediate locality there are only two general
practitioners of medicine to serve the needs of the citizens
of Keyser, Mineral County, and the surrounding territory of
Allegany and Garrett Counties in Maryland. It is apparent that
Dr. Healy's medical practice was quite extensive and he had the
highest patient load of any of the general practitioners in the
Keyser area. As soon as the matter of his sentencing was known
to the public, approximately twenty-five hundred petitioners OFORD
a total population area of approximately eight thousand persons
LIBRARY
The Honorable Gerald R. Ford
-2-
June 24, 1976
signed a petition requesting that Dr. Healy be permitted to con-
tinue his practice of medicine and serve the people in this area
who greatly needed him for medical treatment. Also, the medical
practitioners in this area made known to the proper authorities
the need for his services.
Thereafter, the sentence of Dr. Healy to confinement was
executed, and he was confined to the Federal Prison Farm at Allenwood
on March 10, 1976, and has been confined until this time.
Also, Dr. Healy's attorney has informed me that in ac-
cordance with the rules of the Federal Court system Dr. Healy has
made application within the one hundred and twenty day period for
a modification of the sentence by the Federal Court; however, this
has been denied and the time period under this rule has now expired,
and the Federal District Judge can take no further action in this
matter.
A parole hearing was held at Allenwood Prison Farm on
June 7 and 8 of this year, and the Parole Board is presently con-
sidering a parole of Dr. Healy; however, at the time of the hearing
Dr. Healy was informed that under the Federal guidelines, this was
not a case where a parole could be granted since the original
sentence was for one year. This is clearly incorrect in that the
Federal guidelines permit a parole after one-third of the time has
been served when the crime committed is a misdemeanor and the sentence
is one year or less.
This is to further advise you that I receive frequent
requests to know when Dr. Healy will be free to practice his healing
arts and to take care of his patients who are without effective
medical treatment in this area due to the overloading of patients
by the other medical practitioners. Also, Dr. Healy's attorney
tells me that he daily gets requests from people and inquiries to
know when Dr. Healy will be released.
Since Dr. Healy has spent more than one hundred days con-
fined in a Federal penitentiary, it would appear that the Federal
Board of Probation and Parole should grant him parole and release
from his present confinement in order that he can resume the medical
care for the many elderly, veterans and low income patients that he
has seen and cared for in the past. Dr. Healy has fully cooperated
with the Internal Revenue Service personnel and recognizes his civil
liability and duty to pay his taxes. It would also be in the best
interests of all concerned that he be released so that he can
resume his income and can make arrangements to satisfy his civil
liabilities. I am also informed by Dr. Healy's counsel that there
is presently confined at the same Allenwood Prison facility two
LIBRARY
The Honorable Gerald R. Ford
-3-
June 24, 1976
doctors who have been found guilty of medicare fraud, and these
medical personnel have only received a ninety day confinement
upon their crimes. It would seem that Dr. Healy has been punished
enough and should be released from any further confinement since
he has served more than three months. In the event that the
Federal Board of Probation and Parole cannot favorably consider
this matter, it is my request that upon evaluation of the need for
medical personnel in our area, that Executive clemency be considered
as to this case.
I would most respectfully urge your earliest consideration
of this matter, as it is extremely urgent to the citizens and
residents of the Keyser, Mineral County, West Virginia, area that
some relief be given.
Most respectfully yours,
Roberta Harman Robert D. Harman
RDH:blm
THE WHITE HOUSE
Holdle
WASHINGTON
July 6, 1976
MEMORANDUM FOR:
JIM CONNOR
FROM:
PHIL BU CHEN
il
Attached at Tab A is a letter to President Ford which you
forwarded to me under date of June 26. You requested that
an appropriate response be prepared as promptly as possible.
Attached at Tab B is a copy of a draft of a letter responding
to Mr. Harman's inquiry over my signature.
In view of the fact that this matter would not appear to
warrant the President's personal attention, I would propose
that I forward the response.
Approve
Disapprove
FORD is LIBRARY
THE WHITE HOUSE
WASHINGTON
July 7, 1976
Dear Mr. Harman:
After receiving your letter of June 24 in support
of a parole for Dr. Paul T. Healy, I had my Counsel,
Philip W. Buchen, inquire into the matter.
We understand that as a result of the parole hearing
on June 7, 1976, action was taken on June 24, the
very day of your letter, to continue Dr. Healy in
custody. However, it is now possible for Dr. Healy
to appeal from the parole examiners' action to the
Regional Commissioner of the Parole Board of
Philadelphia, Pennsylvania. This appeal must be
filed on a form provided for that purpose within
thirty days from June 24, 1976.
In light of the circumstances set forth so ably in
your letter, I trust that Dr. Healy's appeal will
be promptly filed and that the medical needs of
the community previously served by Dr. Healy will
be fully presented to the Regional Commissioner.
In view of the interest and concern of so many
people within the area, as expressed in their
petition to the Judge prior to sentencing, I
would anticipate that ample evidence along the
same lines can be made available on the appeal
to the Regional Commissioner.
Although I cannot predict the outcome of an appeal
to the Regional Commissioner if the result is not
satisfactory to the community, a further appeal is
possible to the National Appeals Board. Such a
further appeal, of course, will not become necessary
if a convincing case can be presented at the
regional level.
I would very much like to be kept abreast of develop-
ments in this matter, and I suggest that you or
Dr. Healy's counsel call Philip Buchen at the White
FORD is LIBRARY GERALD
House to provide him with the information which he
in turn will pass on to me.
- 2 -
I hope this letter will be of encouragement to
you and that the procedures to be taken will
bring the matter to a prompt and satisfactory
conclusion.
Very best regards,
Sincerely,
The Honorable Robert D. Harman
State Representative
One Baker Place
Keyser, West Virginia 26726
GERA ABOUTA
HOUSE OF DELEGATES
WEST VIRGINIA LEGISLATURE
STATE CAPITOL
PHONE 348-3456
CHARLESTON 25305
ROBERT D. HARMAN
June 24, 1976
ONE BAKER PLACE
KEYSER, W. VA. 26726
The Honorable Gerald R. Ford
President of the United States
White House
Washington, D. C.
Dear President Ford:
This letter is written in regards to a matter of extreme
importance to the citizens of Keyser, Mineral County, West
Virginia. This matter involves one Paul T. Healy, a medical
doctor of Keyser, and who presently is confined to Allenwood
Prison Farm in Montgomery, Pennsylvania. The confinement of
Dr. Healy was upon his plea of guilty to a misdemeanor crime
of failure to file an income tax for the taxable year of 1971.
I have been informed by Dr. Healy's counsel that Dr.
Healy completely and fully cooperated with the special investi-
gators of the Internal Revenue Service and voluntarily and freely
submitted his office records to them in an effort to determine
this tax liability. After their finding that a tax form was due,
this matter was turned over to the Justice Department; and,
subsequently, a criminal information was filed against Dr. Healy
in the United States District Court for the Northern District
of West Virginia. Dr. Healy at all times complied with the
directions of the U. S. Federal Court and was arraigned in
September of 1975 and thereafter on February 10, 1976, was
sentenced to a term of one year in the federal penitentiary and
a fine of $8,000.00, which fine has now been paid.
There is an extreme need for competent medical practi-
tioners in our area of the eastern panhandle of West Virginia,
and in our immediate locality there are only two general
practitioners of medicine to serve the needs of the citizens
of Keyser, Mineral County, and the surrounding territory of
Allegany and Garrett Counties in Maryland. It is apparent that
Dr. Healy's medical practice was quite extensive and he had the
highest patient load of any of the general practitioners in the
Keyser area. As soon as the matter of his sentencing was known
to the public, approximately twenty-five hundred petitioners of
a total population area of approximately eight thousand persons
FORD
070839
The. Honorable Gerald R. Ford
-2-
June 24, 1976
signed a petition requesting that Dr. Healy be permitted to con-
tinue his practice of medicine and serve the people in this area
who greatly needed him for medical treatment. Also, the medical
practitioners in this area made known to the proper authorities
the need for his services.
Thereafter, the sentence of Dr. Healy to confinement was
executed, and he was confined to the Federal Prison Farm at Allenwood
on March 10, 1976, and has been confined until this time.
Also, Dr. Healy's attorney has informed me that in ac-
cordance with the rules of the Federal Court system Dr. Healy has
made application within the one hundred and twenty day period for
a modification of the sentence by the Federal Court; however, this
has been denied and the time period under this rule has now expired,
and the Federal District Judge can take no further action in this
matter.
A parole hearing was held at Allenwood Prison Farm on
June 7 and 8 of this year, and the Parole Board is presently con-
sidering a parole of Dr. Healy; however, at the time of the hearing
Dr. Healy was informed that under the Federal guidelines, this was
not a case where a parole could be granted since the original
sentence was for one year. This is clearly incorrect in that the
Federal guidelines permit a parole after one-third of the time has
been served when the crime committed is a misdemeanor and the sentence
is one year or less.
This is to further advise you that I receive frequent
requests to know when Dr. Healy will be free to practice his healing
arts and to take care of his patients who are without effective
medical treatment in this area due to the overloading of patients
by the other medical practitioners. Also, Dr. Healy's attorney
tells me that he daily gets requests from people and inquiries to
know when Dr. Healy will be released.
Since Dr. Healy has spent more than one hundred days con-
fined in a Federal penitentiary, it would appear that the Federal
Board of Probation and Parole should grant him parole and release
from his present confinement in order that he can resume the medical
care for the many elderly, veterans and low income patients that he
has seen and cared for in the past. Dr. Healy has fully cooperated
with the Internal Revenue Service personnel and recognizes his civil
liability and duty to pay his taxes. It would also be in the best
interests of all concerned that he be released so that he can
3)
resume his income and can make arrangements to satisfy his civil
liabilities. I am also informed by Dr. Healy's counsel that there
is presently confined at the same Allenwood Prison facility two
The Honorable Gerald R. Ford
-3-
-
June 24, 1976
doctors who have been found guilty of medicare fraud, and these
medical personnel have only received a ninety day confinement
upon their crimes. It would seem that Dr. Healy has been punished
enough and should be released from any further confinement since
he has served more than three months. In the event that the
Federal Board of Probation and Parole cannot favorably consider
this matter, it is my request that upon evaluation of the need for
medical personnel in our area, that Executive clemency b.e considered
as to this case.
I would most respectfully urge your earliest consideration
of this matter, as it is extremely urgent to the citizens and
residents of the Keyser, Mineral County, West Virginia, area that
some relief be given.
Most respectfully yours,
Roberta Harman Robert D. Harman
RDH:blm
FORD
LIBRAS
THE WHITE HOUSE
WASHINGTON
Dear Mr. Harman:
The President has asked me to respond in his behalf to your
letter of June 24, 1976, wherein you set forth your support for
the parole of Dr. Paul T. Healy.
The Department of Justice advises me that Dr. Healy received
an initial hearing before a panel of parole examiners on June 7,
1976, at the Federal Prison Camp in Allenwood, Pennsylvania.
Thereafter, on June 24, 1976, action was completed by the North-
eastern Regional Office, Philadelphia, Pennsylvania, to the
effect that Dr. Healy would be continued in custody to the expiration
of his sentence, which is projected to be December 10, 1976.
The Department further advises that present Parole Commission
policy provides that a prisoner may submit to the responsible
regional commissioner a written appeal of a decision denying
parole. This appeal must be filed on a form provided for that
purpose within 30 days from the date of entry of such decision.
Thus, in the instant circumstance, Dr. Healy must appeal by
July 24, 1976. To date, no appeal has been received by the
Parole Commission's Philadelphia office. Further, in the event
he is dissatisfied with the results of a regional appeal, within 30
days of entry of the regional commissioner's decision he may
appeal to the National Appeals Board.
I trust this satisfies your inquiry and hope the information will be
helpful to you.
Sincerely,
Philip W. Buchen
Counsel to the President
The Honorable Robert D. Harman
State Representative
One Baker Place
FORD
Keyser, West Virginia 26726
THE WHITE HOUSE
WASHINGTON
June 26, 1976
ADMINISTRATIVELY CONFIDENTIAL
MEMORANDUM FOR:
PHILIP BUCHEN
FROM:
JIM CONNOR JEE
The attached letter was handed to the President yesterday
at the West Virginia luncheon.
The President indicated that Mr. Harman should receive a
response from him as promptly as possible. It's important.
Please prepare an appropriate response and return to this
office.
cc: Dick Cheney
Jim Field
Attachment
Letter from Robert D. Harman
House of Delegates - Charleston, West Virginia
dated 6/24/76
?
ANVUSIT
&
THE WHITE HOUSE
WASHINGTON
Date
3/11/76
TO:
PHIL BUCHEN
FROM:
KEN LAZARUS
ACTION:
XX
Approval/Signature
Comments/Recommendations
Prepare Response
Please Handle
For Your Information
File
REMARKS:
Although this case might not fit the requirements
for pardon, it would appear to be a strong
case for early parole. I have requested the
recommendation of the Department of Justice.
KAL
FURD
LIGRARY
Clemency
THE WHITE HOUSE
WASHINGTON
March 11, 1976
Dear Governor Moore:
Your recent letter to President Ford requesting his
consideration of the sentence imposed on Dr. Paul T.
Healy has been referred to me.
I have requested the assistance of the Deputy Attorney
General in order to review this matter and shall be in
contact with you again as soon as this review is
completed.
Sincerely,
Thip W. Buden Philip W. Buchen
Counsel to the President
The Honorable Arch A. Moore, Jr.
Governor of West Virginia
Charleston, West Virginia 25305
FORDO : LIBRARY OFRAID
STATE OF WEST VIRGINIA
FIATHING
OFFICE OF THE GOVERNOR
CHARLESTON 25305
March 2, 1976
ARCH A. MOORE. JR.
GOVERNOR
Philip
The Honorable Gerald R. Ford
President of the United States
Rueley her
The White House
1600 Pennsylvania Avenue
Washington, D. C. 20036
Dear Mr. President:
By order of Federal Judge Robert Maxwell of the Northern
District of West Virginia, Dr. Paul T. Healy has been sentenced
to a one year term in the United States Penitentiary, Lewisburg,
Pennsylvania, and fined for violations of income tax evasion,
Title 26, Section 7203, of the United States Code.
By virtue of a federal violation, this matter rests outside
my purview and any meaningful exception to the decision must be
brought to your attention. No objection is made to the decision
of guilty and no concern exists regarding the imposing of fines
for Dr. Healy's violation of the law. I petition your office,
however, for a review of this situation in hopes that the in-
carceration aspect of his sentence might be reversed.
Dr. Healy is a practicing physician in the community of
Keyser, West Virginia. He performs a vital service to that
community in serving the medical needs of both the private and
public sectors of society. As a result of his pending incarceration,
I have received numerous citizen petitions requesting reprieval.
More importantly, the medical community of his home county have
all unanimously requested in writing that he be permitted to
continue his practice, as a disruption for the purposes of serving
this term would cause considerable disruption to these professionals'
ability to meet the medical needs of their community. I have
enclosed copies of the letters from the medical community of
Mineral County.
This letter is conveyed to you strictly because a medical
I
necessity exists and not because any legal or compassionate
exception is taken toward the resolution of the case. The citizens
of Mineral County, members of the medical community and I join
in requesting your favorable attention in this matter.
anha Arch Sincerely A. Moore, yours, Jr
GERALD FORD LIBRARY
Governor