News (Media Awareness Project) - US FL: Limbaugh's Records Open To Scrutiny |
Title: | US FL: Limbaugh's Records Open To Scrutiny |
Published On: | 2003-12-24 |
Source: | St. Petersburg Times (FL) |
Fetched On: | 2008-08-23 18:33:25 |
LIMBAUGH'S RECORDS OPEN TO SCRUTINY
A Judge Rules That Prosecutors Can Examine The Radio Talk Show Host's
Medical Records In A Drug Inquiry.
WEST PALM BEACH - Prosecutors may examine Rush Limbaugh's medical records
to determine whether he should be charged with "doctor shopping" for
prescription painkillers, a judge ruled Tuesday.
Limbaugh accused prosecutors of going after him for political reasons.
Palm Beach Circuit Judge Jeffrey A. Winikoff denied the conservative radio
commentator's request to keep the records sealed, but he said prosecutors
cannot make the records public. Limbaugh's attorney promised a prompt appeal.
The judge said the state's "compelling" interest in determining whether
Limbaugh broke the law trumped his right to keep his records private.
Palm Beach County prosecutors insisted they need to review the records to
determine how much Limbaugh's doctors knew about his frequent prescriptions
for OxyContin, hydrocodone and other painkillers and whether he was
"shopping" for a doctor willing to prescribe drugs illegally, or getting
prescriptions for a single drug from more than one doctor.
"Those records are the only way to clarify the violation of law that we're
investigating," Assistant State Attorney James Martz told the judge. Martz
said the records were seized to ensure that they wouldn't be tampered with
or destroyed.
Limbaugh's attorneys argued that the seizure of the records from doctors in
Florida and California violated the radio host's privacy.
"Mr. Limbaugh was not doctor shopping, and he should not have to sacrifice
his privacy to prove his innocence," said Limbaugh attorney Roy Black. He
asked a judge to prohibit prosecutors from viewing the records until his
appeal is decided.
Investigators obtained the records last month after discovering that
Limbaugh received more than 2,000 painkillers, prescribed by four doctors
in a six-month period, at a pharmacy near his $24-million Palm Beach mansion.
Limbaugh recently admitted his addiction, stemming from severe back pain,
and took a five-week leave from his afternoon radio show to go through a
rehabilitation program.
On Tuesday's afternoon radio show, Limbaugh accused authorities of leaking
information in an attempt to damage his reputation and said prosecutors
have a political agenda.
"The Democrats still cannot defeat me in the arena of political ideas. And
so now they're trying to do so in the court of public opinion and the legal
system," Limbaugh said. "And since I'm not running for office, they can't
get to me that way. They're going to seek the occasion of this event in my
life to see, to find out if they can do any damage."
Elected Palm Beach County State Attorney Barry Krischer, a Democrat,
disputed the allegations.
Krischer said in a statement earlier Tuesday that Limbaugh's rights have
been protected and noted the judge's comment that prosecutors have "acted
in good faith."
Authorities began investigating Limbaugh last year, after his former maid
told them she had supplied him with prescription painkillers for years.
At a hearing Monday, Black said the former maid, Wilma Cline, threatened to
sell the story to the National Enquirer. She and her husband, David Cline,
demanded millions in blackmail and were "paid substantial amounts of
money," the lawyer said.
The Clines' attorney, Ed Shohat, denied the blackmail allegation.
"I know of no facts that my clients demanded money from Rush Limbaugh in
any way," he said.
A Judge Rules That Prosecutors Can Examine The Radio Talk Show Host's
Medical Records In A Drug Inquiry.
WEST PALM BEACH - Prosecutors may examine Rush Limbaugh's medical records
to determine whether he should be charged with "doctor shopping" for
prescription painkillers, a judge ruled Tuesday.
Limbaugh accused prosecutors of going after him for political reasons.
Palm Beach Circuit Judge Jeffrey A. Winikoff denied the conservative radio
commentator's request to keep the records sealed, but he said prosecutors
cannot make the records public. Limbaugh's attorney promised a prompt appeal.
The judge said the state's "compelling" interest in determining whether
Limbaugh broke the law trumped his right to keep his records private.
Palm Beach County prosecutors insisted they need to review the records to
determine how much Limbaugh's doctors knew about his frequent prescriptions
for OxyContin, hydrocodone and other painkillers and whether he was
"shopping" for a doctor willing to prescribe drugs illegally, or getting
prescriptions for a single drug from more than one doctor.
"Those records are the only way to clarify the violation of law that we're
investigating," Assistant State Attorney James Martz told the judge. Martz
said the records were seized to ensure that they wouldn't be tampered with
or destroyed.
Limbaugh's attorneys argued that the seizure of the records from doctors in
Florida and California violated the radio host's privacy.
"Mr. Limbaugh was not doctor shopping, and he should not have to sacrifice
his privacy to prove his innocence," said Limbaugh attorney Roy Black. He
asked a judge to prohibit prosecutors from viewing the records until his
appeal is decided.
Investigators obtained the records last month after discovering that
Limbaugh received more than 2,000 painkillers, prescribed by four doctors
in a six-month period, at a pharmacy near his $24-million Palm Beach mansion.
Limbaugh recently admitted his addiction, stemming from severe back pain,
and took a five-week leave from his afternoon radio show to go through a
rehabilitation program.
On Tuesday's afternoon radio show, Limbaugh accused authorities of leaking
information in an attempt to damage his reputation and said prosecutors
have a political agenda.
"The Democrats still cannot defeat me in the arena of political ideas. And
so now they're trying to do so in the court of public opinion and the legal
system," Limbaugh said. "And since I'm not running for office, they can't
get to me that way. They're going to seek the occasion of this event in my
life to see, to find out if they can do any damage."
Elected Palm Beach County State Attorney Barry Krischer, a Democrat,
disputed the allegations.
Krischer said in a statement earlier Tuesday that Limbaugh's rights have
been protected and noted the judge's comment that prosecutors have "acted
in good faith."
Authorities began investigating Limbaugh last year, after his former maid
told them she had supplied him with prescription painkillers for years.
At a hearing Monday, Black said the former maid, Wilma Cline, threatened to
sell the story to the National Enquirer. She and her husband, David Cline,
demanded millions in blackmail and were "paid substantial amounts of
money," the lawyer said.
The Clines' attorney, Ed Shohat, denied the blackmail allegation.
"I know of no facts that my clients demanded money from Rush Limbaugh in
any way," he said.
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