Limbaugh's pill use not extraordinary, lawyer says

Miami Herald ^ | Jan. 26, 2004 | DANIEL de VISE

[AlwaysLurking]

Limbaugh's pill use not extraordinary, lawyer says

BY DANIEL de VISE ddevise@herald.com

Rush Limbaugh's attorney mounted an offensive Monday, accusing Palm Beach County prosecutors of smear tactics and likening his client to any ordinary American with chronic pain.

''This nation is full of people who take medication every day and will do so for the rest of their lives,'' said Roy Black, speaking in a news conference in Miami.

Discussing the prescription-drug abuse allegations in unprecedented detail, Black reasoned that the quantity of medicine Limbaugh is accused of ingesting -- 1,800 pills in 210 days -- works out to roughly 8.5 pills a day, ``certainly not an outrageous amount.''

Black questioned the motives of Palm Beach County State Attorney Barry Krischer in releasing details last week of sensitive plea negotiations between Limbaugh and prosecutors.

The December correspondence, unflattering to Limbaugh, shows the radio talk-show host proposing to settle the case through treatment, potentially averting a permanent criminal record. Prosecutors counter: Plead guilty to a single felony charge of ''doctor shopping'' and avoid prison time. Both offers were rejected.

Black said the plea negotiations shouldn't have been released. He portrayed the incident as part of a politically motivated campaign to discredit his client.

Black said the government's plea offer came with a veiled threat: If Limbaugh did not plead guilty, the state would release his confidential medical records.

''The only conclusion that I can draw is that Mr. Limbaugh ... is being singled out more than anyone else for actions that no one else in this community would be subjected to,'' Black said.

Black and other prominent South Florida attorneys said they couldn't recall another case of plea negotiations released to the public.

''There has to be some thought about the long-term consequence'' of routinely releasing such documents, said Robert Jarvis, a law professor at Nova Southeastern University. ``And the long-term consequence in this case is that no one would begin a negotiation about a plea.''

But Michael Edmondson, spokesman for the Palm Beach County state attorney, said prosecutors were confident they'd done the right thing.

Prosecutors consulted the Attorney General's Office and the Florida Bar in response to the Jan. 15 public records request by the Landmark Legal Foundation, which sought all available documents in the case. They concluded the state public records law required releasing the plea dealings, even though doing so violates ethical rules for lawyers.

''The way the Florida public records law works is, anything that is not specifically exempted under the law is permitted,'' Edmondson said. State law trumps any ethical concerns, he said.

But he offered nothing in writing to back up that account. And Limbaugh's legal team produced documents Monday that seemed to contradict it.

Telephone notes from a Florida Bar attorney, paraphrasing Kirscher himself, state that plea negotiations ``are not normally to be revealed [and] so may or may not be [a] public record.''

Attorney General spokeswoman JoAnn Carrin wouldn't say what legal advice her agency gave the chief Palm Beach County prosecutor, citing the ongoing investigation.

Prosecutors began investigating possible prescription-drug abuses by Limbaugh, 53, last year, based on a report from his former maid. Limbaugh has not been charged with any crime.

Limbaugh's attorney accused Edmondson, the state attorney spokesman, of leaking a false story last month that Limbaugh was poised to plead guilty to doctor-shopping. Edmondson denied the assertion.

Doctor-shopping is duping multiple physicians into dispensing excessive prescription medications.

''I can say categorically now that Mr. Limbaugh would not plead guilty to doctor-shopping, and that's because Mr. Limbaugh did not engage in doctor-shopping of any kind,'' Black said.

[ConservativeMan55]

Rush Ping!
Search for the latest Rush Limbaugh news on Free Republic.

Limbaugh e-mails released.

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Doctors join Limbaugh case.

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Disclosure of Limbaugh suit draws rebuke.

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The day I wanted Limbaugh to be right.

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Prosecutors reject Limbaugh proposal.

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Blacks statement on SAO Leaks.

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Freepmail me if you would like on/off the Rush Pinglist!

[King Black Robe]

If Florida is serious about stopping prescription drug abuse, they might try raiding their nearest retirement home. Old people are frequently smashed on the stuff day in and day out. Who's to blame? I don't know. What's the answer? I don't know. When a person is in daily pain I cannot see taking away from them the one chance they have at relief inspite of potential or existing addiction.

Give Rush a break. Either raid Gramps and Granny and explore their health records or treat Rush the same way everyone else is treated.

[IncPen]

''I can say categorically now that Mr. Limbaugh would not plead guilty to doctor-shopping, and that's because Mr. Limbaugh did not engage in doctor-shopping of any kind,'' Black said.

Doctor-shopping, when reported in legitimate media, ought to be placed in quotes, as should 'hate-crime'.

[AlwaysLurking]

Roy Black, Rush's attorney, will be interviewed by Sean Hannity tonight at 9pm on FOX.

[Principled]

Go Roy.

[ConservativeMan55]

I'll be watching.

[writer33]

Roy Black's interview is tonight on Hannity and Colmes. I can't wait.

[Enterprise]

Based on the above figures, I came up with a similar conclusion. While it might make me woozy or knock me out, someone in chronic pain might well be able to tolerate that number of pills and still function.

[ConservativeMan55]

I'll be watching that!

Don't forget about John Stossel on O'Reilly tonight either!

[writer33]

Good. He's about to come on. Thanks for letting me know.

[tahiti]

"Discussing the prescription-drug abuse allegations in unprecedented detail, Black reasoned that the quantity of medicine Limbaugh is accused of ingesting -- 1,800 pills in 210 days -- works out to roughly 8.5 pills a day, ``certainly not an outrageous amount.''

This remark is why I do not listen as frequently to Rush Limbaugh any longer.

He obviously is instructing his lawyer to argue his innocence in the "political arena" of "I am no different than anyone else" versus the "constitutional arena" of medical consumption is an individual right.

The amount of medication an individual consumes is clearly an individual right, protected by the 9th amendment, just as the amount of food and/or cigarettes a person consumes is a protected individual right.

Ah, the hypocricy and lack of courage to defend an individual right. What wasted opportunity.

[ConservativeMan55]

I'm hoping Stossel will take over 20/20 when Babwa weaves ABC.

[_Jim]

Hey sand-bagger - too much "Pro-Rush" discussion taking place over here!

LOL!

[savedbygrace]

Prosecutors consulted the Attorney General's Office and the Florida Bar

The Florida Bar promptly annouced they do NOT provide legal advice. Wonder why the prosecutor asked them for legal advice then. Hmmmmm.

[tessalu]

Goodness, Florida was going to allow Terri Schivo to be put to death, and so why should they worry about Limbaugh taking a few pills? They want rid of sick and hanicapped folks, dont they? That is the idea that I get. Rush taking some pain pills is far less evil that trying to put Terri Schiavo to death!

[_Jim]

This remark is why I do not listen as frequently to Rush Limbaugh any longer.

So, I take it you stopped listening as frequently TODAY (this article, this letter, this offense by Roy was launched TODAY)?

[ican'tbelieveit]

I have done it. I did the calculations way back when the #'s were released and they fell right in step with my prescrips for pain meds for chronic pain. And my dr switches the prescrip I take every 90 days or so or they don't work.

[js1138]

I wonder how soon the mighty DA will start investigating Nursing homes that kill their residents with overdoses when the insurance runs out.

[King Black Robe]

It's interesting that a woman can legally kill her baby in her own womb but other adults can't handle pain management according to their own needs.

Still, I think the first argument is about how everyone else is treated. I've got multiple family members who have suffered from lengthy addictions -- many only about presecription drug addictions. They are not in jail. They have never been charged (except for drunk driving -- not for being drunk). And many many doctors have known about the problem and KNOWINGLY prescribed more pills anyway. Sometimes pharmacists will do the addicts bidding. One family member stood at the door of a pharmacy just after they closed BEGGING for drugs. Shockingly, it worked. NO ONE was charged with anything.

[shelterguy]

Last year I was run over by a truck and now will have leg pain forever. I have a prescription for 12 pills per day. I could get more simply for the asking. So what is the big deal?

[international american]

RUSH..............BUMP!!!!!!!!!!!!!!!!!!!!!!

[ConservativeMan55]

BUMP!!!

[Lady Eileen]

Bump...for Rush.

[joyce11111]

Tonight on Hannity and Colmes, they will discuss this case.

I am livid at what that DA is getting by with...Pure Nazism!

[CyberAnt]

Well .. longtermmemory has revealed that the attorney for Rush's maid (the Clines), is the son of a CLINTON APPOINTEE.

B I N G O!!

[writer33]

We Hope.

[international american]

I have been listening to Rush since 1988 when he was a veritable nobody. My dad turned me onto him. My dad was an old man, and it did his heart good to hear a talk radio guy who believed in the same principles as a decorated WW2 vet.

Rush, Everybody goes through hard times. You will prevail.

Thanks for all your pings CM55

[ConservativeMan55]

That would be nice. Freep This Poll Until it glows!

[bbqjones]

ive witnessed my father go thru painkiller addiction. it is not a pleasent sight. almost 12 DAYS ago he decided to quit "cold turkey". many in the family wondered if this was a good idea. but, trying to lecture a hard headed vietnam vet (marine) with chronic back pain is not easy. so, he is a week and a half into his personal treatment. sick as a dog, and refusing the recommended methadone treatment. pops will get thru this without the sunny day treatment center, i just hope the pain he suffers can be managed another way.

as far as limbaugh is concerned, witch hunt is the only explaination.

hopefully pops gives me his leftover pills so i can get some sleep before the wife wants to talk.

[ConservativeMan55]

No Problem. Diane Sawyer turned me onto Rush Limbaugh.

Maybe old Diane's not so bad after all.

She turned me onto Rush.

She beat Katie Couric in the ratings.

She forced Barbra Walters off 20/20.

She worked for Nixon.

LOL!!!

And she's got great legs!

[Orange1998]

Longterm it could be a serious health problem. Does your doctor have a time table for the prescription.

[Hildy]

He's right about the amount of pills...8 pain pills a day is NOT extraordinary at all. My 78 year old mother takes that many a day.

[international american]

Thank God we have people like Rush, who will tell us the truth , at least 98% of the time. He made the last years of my dad's life more palatable.

[ConservativeMan55]

Thats good to hear. Rush has changed many more lives than he will ever realize.

[shelterguy]

I am stuck with pain forever. I don't take all the pills I get,
but my point is that 8.5 pills per day is not extraordinary and certainly wouldn't require doctor shopping.

[annyokie]

Heck, my 71 year old mother takes so many pills she rattles when she walks.

[solitas]

Could anybody possibly believe that a perp's lawyer wouldn't try a "my client did nothing out of the ordinary"-line at least ONCE in their case?

[international american]

By the way, my dad before he died, was taking all kinds of painkillers...at age 78. Maybe Florida should dig him up and prosecute him posthumously.....a war hero to boot!!

God Bless, IA

[God is good]

Discussing the prescription-drug abuse allegations in unprecedented detail, Black reasoned that the quantity of medicine Limbaugh is accused of ingesting -- 1,800 pills in 210 days -- works out to roughly 8.5 pills a day, ``certainly not an outrageous amount.''

Whatever!!

[ConservativeMan55]

God Bless Bump!

[RS]

Thanks for the headsup _Jim...


"Limbaugh's pill use not extraordinary, lawyer says"

This is almost too simple....

Hey Rush ! - Instead of having your Kennedy Lawyer talking medicine - Why not just have your DOCTORS write a note...

Dear Democrap Prosecutors,
We, the undersigned, are Rush's doctors who gave Rush the prescriptions in the pharmacy records listed in the Application for the Search Warrents. We all knew about each other, and Rush kept us fully informed as to what each other had prescribed. We have all agreed that the medicines he bought and used were within our orders as his doctors.
Should you have any other questions regarding these prescriptions feel free to call us, Rush has requested that we "fully cooperate" to bring this matter to a swift conclusion.
Signed & notarized...

[ClintonBeGone]

Prosecutors consulted the Attorney General's Office and the Florida Bar in response to the Jan. 15 public records request by the Landmark Legal Foundation, which sought all available documents in the case. They concluded the state public records law required releasing the plea dealings, even though doing so violates ethical rules for lawyers.

I think this all can be layed at the feet of Landmark Legal Foundation. They were too cute by half, messed with the tiger and got bit - or I should say let a good guy like Rush get bit.

[Orange1998]

Sorry to hear your pain is forever. Hope you get well soon. Your right thought on your point.

[ClintonBeGone]

He obviously is instructing his lawyer to argue his innocence in the "political arena" of "I am no different than anyone else" versus the "constitutional arena" of medical consumption is an individual right.

He's not making the constitutional arguement because it's kooky and not subscribed to by normal folks, some who may actually end up on his jury. Is there nothing you pro-druggies won't stop at to get your weird agenda in the headlines?

[_Jim]

This is almost too simple....

Hey Rush ! - Instead of having your Kennedy Lawyer talking medicine - Why not just have your DOCTORS write a note...

THAT'S more like it sand-bagger!

For awhile there I thouight 'the truth' was going to stand pristine and 'unopposed'!

LOL!

[ClintonBeGone]

I am stuck with pain forever. I don't take all the pills I get, but my point is that 8.5 pills per day is not extraordinary and certainly wouldn't require doctor shopping.

I take 4 vitamins a day myself. It's not hard to imagine 8.

[fly_so_free]

Hmmmm, since they have decided to go after Rush, I wonder where they're going to find room to put all the seniors guilty of the same "crime". I guess they can open up Rest Home prisons for them?

Rush needs to get out of that corruption riddled state ASAP. Their judicial system is a nightmare. If I were him, I'd be like Road-Runner with a cloud of dust behind me heading out of there. (I'm not making excuses for his drug use, -that is his fault.) But the system is a joke. Go look at any of the Terri Schiavo threads for evidence of this-not to mention 2000 election, Elian Gonzales, on and on .... the place is rotten.

[jimbo123]

This judge has now made it okay for all plea negotiations in Florida to be made public via Freedom of Information requests. I'm sure the trial lawyers in Florida are thrilled. I think this Clinton judge needs ALL of the settlement negotiations for cases on his docket opened up via FOI requests.

[OldFriend]

No comments at all about the pills obtained from the maid.

My guess is that since she sold her story to the National Inquirer her testimony is of no use. However, the affadavits on Smoking Gun paint an ugly picture of Rush's addiction and I hope he continues to get the help he needs and does submit to random drug testing.