PALM BEACH PROSECUTOR SLAMMED BY STATE LAWYER FOR RELEASING LIMBAUGH PLEA
LETTERS

The general counsel for the Florida Attorney General's Office
criticized Palm Beach County prosecutors Wednesday, asserting that
they mischaracterized the office's input into the prosecutors'
decision to release documents last week in the Rush Limbaugh
investigation.

The letter gave fresh ammunition to Limbaugh and his attorney Roy
Black in their attacks against Palm Beach County State Attorney Barry
Krischer for his handling of the prescription drug investigation. Also
on Wednesday, a conservative public-interest law firm that supports
Limbaugh filed ethics complaints with The Florida Bar against Krischer
and his chief assistant.

Prosecutors say they released two letters between the State Attorney's
Office and Black, among other records in the case, because they had to
under Florida's broad public-records law. Chief Assistant State
Attorney Ken Selvig wrote a one-page memo, initialed by Krischer, on
the release of the documents outlining that he and Krischer checked
with the Attorney General's Office and the Bar before determining the
two letters were public.

Pat Gleason, the general counsel, said in a Wednesday letter to Selvig
that his memo about their conversation concerning whether the records
were public left out "critical parts of our discussion."

While Gleason said she and Selvig agreed there was nothing in Florida
law preventing the release of letters discussing a possible plea
negotiation, she said he omitted in his memo "that we also discussed
the possibility that a court might refuse to authorize release based
on constitutional concerns."

"It seems to me that the purpose in contacting me about this issue may
not have been to obtain impartial advice on an open-government issue,
but rather to use part of our conversation to justify your office's
decision that the documents should be released," Gleason wrote. "This
is disappointing to me personally and professionally."

Prosecutors last week released a Dec. 11 letter from Black to Krischer
offering to have Limbaugh enter a drug-intervention program rather
than face criminal charges. Prosecutors responded in a Dec. 15 letter
they released, saying they thought they have evidence that Limbaugh
committed at least 10 felony violations of the state's "doctor
shopping" law, which makes it illegal to secretly obtain overlapping
prescriptions.

Prosecutors offered to end their investigation if Limbaugh pleaded
guilty to one felony and agreed to a three-year term of probation,
which would include drug treatment, random drug testing and community
service.

Black since has said Limbaugh -- who is not charged with any crimes --
would never plead guilty because he is innocent.

Selvig wrote back to Gleason on Wednesday, saying his memo was not
meant to be a complete record of their conversation. He said
prosecutors considered seeking a judge's review of whether the letters
were public, but he cited the attorney general's Government-in-the
Sunshine Manual that provides guidance on public-records issues. He
cited a portion of the handbook that outlines that courts have ruled
governmental agencies can't ask a judge to decide matters of public
records.

"None of the contacts I have had with you over the past week was
intended to justify our decision regarding the public-records request
we received," Selvig wrote, adding that he wanted to make sure there
was nothing prosecutors had overlooked that would prevent the release
of the records.

In her letter, Gleason said she advised Selvig to ask the Bar about
ethical considerations in releasing the letters and to notify Black
about the request. JoAnn Carrin, a spokeswoman for the Attorney
General's Office, said Wednesday that Gleason declined to comment on
the issue.

Carrin said Gleason's opinion that prosecutors should consider seeking
judicial review was based on a Florida Supreme Court case. That case
says the release of public records "must be balanced against the
constitutional rights of a fair trial and due process."

"She was referring to a section of the Sunshine Manual, which provides
for the state prosecutor, or the defense, or both to go to the court
if they believe material, which is public record, would violate the
constitutional rights and the fair trial of the accused," Carrin said.

Black has blasted Krischer since the records were released, and he
continued his attacks after Gleason's letter was released.

"This letter leaves no doubt that State Attorney Barry Krischer is
conducting a deliberate smear campaign in the media in an effort to
trash Rush Limbaugh's reputation," Black said in a statement. "The
improper release to the media of confidential correspondence was a
grave injustice to my client. But even more grave is the revelation
that a memo initialed by Mr. Krischer himself tried to mislead the
public about the positions and policies of some of the state's most
senior legal officials."

Krischer spokesman Michael Edmondson said prosecutors stand by their
decision that the letters were public and had to be released under the
law. He also said Black was aware of the pending records requests
because he had been quoted in the media about them.

On Monday, Black released notes taken by the Bar ethics attorney who
talked to Krischer about the records. Those notes reflect that the
attorney told Krischer his office must determine whether the letters
are public and could ask a judge if there was a question.

That advice was not included in the prosecution's memo on the release
of the documents, but Selvig wrote in the memo that the Bar's attorney
said, "it would in fact be unethical not to disclose the letter unless
there is an applicable exception."

The conservative Virginia-based Landmark Legal Foundation, which made
one of the public information requests, filed ethics complaints
Wednesday with the Bar, alleging Selvig and Krischer misrepresented
their conversations with the Bar and the Attorney General's Office.

Tony Boggs, who heads the legal division of the Bar, said Krischer
does not fall under the Bar's regulatory supervision because he is an
elected state official.

"That kind of dissembling by that kind of high-elected lawyer would be
exactly what The Florida Bar should be policing," said Mark R. Levin,
president of Landmark.

"Prosecutors daily have harassing complaints made against them, and
this complaint will be dealt with accordingly," Edmondson said.