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News (Media Awareness Project) - US FL: Limbaugh Records Face Review
Title:US FL: Limbaugh Records Face Review
Published On:2003-12-24
Source:Tallahassee Democrat (FL)
Fetched On:2008-01-19 02:36:18
LIMBAUGH RECORDS FACE REVIEW

But They Cannot Be Publicized, Judge Says

WEST PALM BEACH - Prosecutors investigating whether Rush Limbaugh illegally
went "doctor shopping" for prescription painkillers can examine his medical
records, a judge ruled Tuesday.

The conservative radio commentator accused prosecutors of going after him
for political reasons, and his attorney promptly appealed the ruling.

Circuit Judge Jeffrey A. Winikoff said authorities have a compelling
interest in determining whether Limbaugh broke the law, which trumps his
right to keep his medical records private. However, the judge said
prosecutors cannot make the records public.

Palm Beach County prosecutors insisted they needed 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
"doctor shopping."

That term refers to looking for a doctor willing to prescribe drugs
illegally or getting prescriptions for a single drug from more than one
doctor at the same time.

"Those records are the only way to clarify the violation of law that we're
investigating," prosecutor James Martz argued.

Investigators seized records from Florida and California doctors last month
after discovering that Limbaugh received more than 2,000 painkillers,
prescribed by four doctors, at a pharmacy near his $24 million Palm Beach
mansion.

Limbaugh's attorneys argued that the seizure violated the broadcaster's
privacy. Martz said the records were taken to ensure they were not tampered
with or destroyed.

Limbaugh recently admitted his addiction to painkillers, blaming severe
back pain. He took a five-week leave from his afternoon national radio show
to go into rehab.

During his Tuesday show, Limbaugh accused authorities of leaking
information to damage his reputation and said Palm Beach County State
Attorney Barry Krischer, a Democrat, has 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. The prosecutor disputed the allegations.

Limbaugh's lawyer, Roy Black, said: "Mr. Limbaugh was not doctor shopping,
and he should not have to sacrifice his privacy to prove his innocence."

Authorities began investigating Limbaugh last year after his former maid
told them she had supplied him with prescription painkillers for years.
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