PROSECUTORS REFUSE REHAB DEAL FOR LIMBAUGH, INSIST ON GUILTY PLEA

Palm Beach County prosecutors rejected an overture last month from
Rush Limbaugh's attorneys that would have allowed the conservative
commentator to enter drug rehabilitation rather than face criminal
charges for prescription drug abuse.

Prosecutors say they think they have evidence that Limbaugh committed
at least 10 felonies by illegally obtaining overlapping drug
prescriptions, according to documents released to the South Florida
Sun-Sentinel on Thursday.

They offered to end the investigation if Limbaugh pleaded guilty to a
single felony for "doctor shopping" and agreed to a three-year term of
probation, a deal that Limbaugh's Miami attorney Roy Black called
"preposterous" on Thursday.

Limbaugh, 53, admitted in October to a prescription drug addiction as
the result of chronic back pain and entered a monthlong treatment
program. He has not been charged with any crimes.

Black wrote to Palm Beach County State Attorney Barry Krischer on Dec.
11, asking whether his office's investigation could be resolved by
having Limbaugh enter an intervention program that allows drug
offenders to seek treatment and not face criminal convictions.

James Martz, the prosecutor heading the investigation into Limbaugh's
prescription drug use, responded to Black with a Dec. 15 letter saying
such an intervention program was not appropriate. The program is
typically offered to minor, first-time drug offenders.

Martz noted that prosecutors reviewed records from a pharmacy near
Limbaugh's $24 million Palm Beach mansion coupled with records
associated with four search warrants served on Limbaugh's doctors for
his medical records. Martz said those records "indicate evidence that
would support in excess of 10 felony counts for violations" of doctor
shopping, which makes it illegal to obtain prescriptions secretly from
more than one doctor.

Martz offered to end the investigation through a plea agreement. "We
believe this case can be settled without a trial," he wrote in the
Dec. 15 letter.

Prosecutors said Limbaugh would have to admit to doctor shopping, a
third-degree felony punishable by up to five years in prison. Limbaugh
would be placed on three years of probation, required to undergo a
treatment program approved by a judge and subjected to random drug
tests during that time.

"Mr. Limbaugh would provide community service during his probationary
period in a manner approved by the court," Martz wrote. "We would
suggest that those efforts be utilized to raise public awareness of
the dangers of prescription drug addiction."

And since Limbaugh does not have a criminal record, the prosecutors'
offer would have allowed the judge to withhold a formal finding of
guilt, meaning Limbaugh would not be a convicted felon if he
successfully completed all terms of his probation.

It was unclear Thursday whether the prosecution offer is still on the
table.

"This proposed resolution is offered as an alternative to unsealing
your client's medical records and in an effort to bring this case to a
swift and just resolution," Martz wrote.

Prosecutors declined to comment on the letters, which were released to
the South Florida Sun-Sentinel in response to a request under the
state's public-records laws. Prosecutors consulted with the Florida
Attorney General's Office and the Florida Bar before determining the
letters are not confidential and had to be released as public records.

"My request of Mr. Krischer was for the same treatment anyone else in
this situation would receive. The state's response was preposterous,
and I declined to respond to it," Black said in a statement Thursday.

Black said in his statement that he expected prosecutors to keep his
communications with them private, and he noted that his Dec. 11 letter
was marked confidential. Black has been critical of the investigation,
which he has said is politically motivated, and of leaks about the
case to the media.

"What is even more troubling is this office's continued violations of
Florida law and Bar ethics," Black said. "The disclosure of these
highly confidential communications violate the Florida statutes, the
rules of procedure and evidence, and the Florida Bar rules. Once
again, because the state has no case against Mr. Limbaugh, they
continually seek to discredit him in the media."

In a Dec. 18 letter to Krischer asking for an investigation into
alleged leaks from his office, Black wrote that he had been contacted
by the media the day before and asked whether Limbaugh was pleading
guilty to a felony.

"The planting of a story that a suspect, in a highly publicized
investigation, was about to plead guilty clearly interferes with the
investigation and the adjudicative process. No leak could have more
impact than this," Black wrote. "Any person would know that this type
of story would have a major impact with potential jurors and others."

While the exchange between prosecutors and Black was going on, Black
also was fighting to prevent prosecutors from gaining access to
Limbaugh's medical records by arguing they were improperly seized with
search warrants rather than being subpoenaed after giving Limbaugh a
chance to contest the issue in court.

The fight over Limbaugh's medical records now is with the Fourth
District Court of Appeal in West Palm Beach.

"It is certainly clear by now that Rush Limbaugh was addicted to
prescription pain medication. The latest round of search warrants
seizing Rush's medical records will show that he had serious medical
problems, was prescribed pain medication and took large amounts of it.
He subsequently became addicted to these highly addictive substances,"
Black wrote in his Dec. 11 letter.

"He has admitted as much on his radio show. Not only that, he checked
himself into one of the nation's finest drug rehabilitation centers.
He has followed his rehabilitation with almost daily sessions with his
own psychologist following up on the treatment he received at the center."

Since Limbaugh admitted his problem and sought treatment, Black wrote
that an intervention program would be appropriate because it would
"require him to continue his addiction treatment."

Black wrote, "I believe this proposal would be in keeping with the
public interest. The public is better served by treating addicts as
patients rather than criminals."