JUDGE TO REVIEW LIMBAUGH RECORDS

He'll Decide Which Files Will Be Used In Drug Case

A Palm Beach County judge ruled Friday that he will privately review
Rush Limbaugh's medical records to determine which documents will be
released to prosecutors investigating the conservative radio host's
prescription drug use.

Circuit Judge Thomas Barkdull ruled that prosecutors would receive
only records that "fall within the scope" of search warrants issued
as authorities investigated Limbaugh for a pattern of alleged
prescription drug abuse. Any other documents will be turned over to
Limbaugh's attorney.

Prosecutors had sought access to all of Limbaugh's medical records,
saying the documents could show that the commentator engaged in
doctor shopping -- illegally obtaining overlapping prescriptions from
different doctors. He has not been charged with any crimes.

Limbaugh attorney Roy Black had argued the records were seized
improperly and contained potentially embarrassing medical details.

Black also maintained that any records turned over to prosecutors
should be limited to the period between March 2003 and September
2003. Prosecutors cited prescriptions Limbaugh received during that
time to get search warrants for his medical records from four doctors
in Florida and California.

"We are pleased that Judge Barkdull has agreed with our position that
the state was not entitled to the wholesale seizure of Mr. Limbaugh's
medical records," Black said. "We are finally getting the judicial
review of the records for relevancy that we have sought from the start."

Limbaugh, 54, of Palm Beach, fought prosecutors from gaining access
to the sealed records and lost all the way to the Florida Supreme
Court. The 4th District Court of Appeal ruled that prosecutors
properly seized the records, but the judges said Black could ask
Barkdull to determine which of them are relevant to the investigation.

In his ruling Friday, the judge did not set a timetable for his
review of the records, which were seized in late 2003. Barkdull also
ordered prosecutors not to disclose any of the records to anyone not
involved in the inquiry.

A Palm Beach County State Attorney's Office spokesman declined
comment on the ruling, saying the case was an ongoing investigation.

Barkdull's ruling paved the way for prosecutors to move forward with
a case sidetracked by months of legal wrangling, West Palm Beach
defense attorney Gregg Lerman said.

"When [the review] is done with, then they can decide whether or not
they are going to file charges," said Lerman, who is not involved in the case.

Black appears poised to again challenge the validity of the search
warrants if charges are brought. In Friday's ruling, Barkdull denied
Black's request to invalidate the warrants, but Black can raise the
issue again.

"We continue to believe that the search warrants were issued based on
faulty and misleading statements from investigators and that the
search was improper under both state and federal law," Black said in
his statement. "Nothing in Judge Barkdull's order prevents us from
renewing our motion to suppress all of the records at a later date."

According to the search warrants, Limbaugh picked up 1,733
hydrocodone pills, 90 OxyContin pills, 50 Xanax tablets and 40 pills
of Barkdull denied requests by Black and Assistant State Attorney
James Martz to participate in the records examination to help
determine which documents were relevant.