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Court limits access to Rush Limbaugh records - Judge to decide what prosecutors can see
WORLD NET DAILY.COM ^
| JUNE 25, 2005
| Staff Writers
Posted on 06/25/2005 6:09:58 PM PDT by CHARLITE
Palm Beach County Circuit Judge Thomas Barkdull, who originally issued the warrant used to seize Rush Limbaugh's medical records, ruled Friday that prosecutors will only receive records that "fall within the scope" of the original warrant, and that he will privately review them to make that determination.
Limbaugh's medical records were seized in late 2003 by Palm Beach County prosecutors investigating suspicions the radio talk show host had engaged in "doctor shopping" illegally receiving multiple prescriptions from four different doctors for pain killers.
Limbaugh's attorney successfully had the records sealed while appealing the seizure, but arguments that they had been improperly taken failed in the Florida Supreme Court and the 4th District Court of Appeal.
Barkdull's ruling denies the prosecution's request for full access to the materials and forbids disclosure to anyone not involved with the inquiry. Limbaugh had argued that the records contained potentially embarrassing medical details.
"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," Limbaugh attorney Roy Black said. "We are finally getting the judicial review of the records for relevancy that we have sought from the start."
Black has argued that any records released to prosecutors must be limited to the period specified in the search warrants March 2003 to Sept. 2003. Prosecutors were seeking prescription records from that period.
On Friday, Barkdull rejected Black's request to be present during his review of the records.
"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 a statement reported by the South Florida Sun-Sentinel. "Nothing in Judge Barkdull's order prevents us from renewing our motion to suppress all of the records at a later date."
Judge Barkdull gave no timetable for his private review of the records.
Rush Limbaugh has not been charged with any crimes.
TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; Philosophy; US: Florida
KEYWORDS: courtcase; drug; florida; oxycontin; prescription; rushlimbaugh; use
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1
posted on
06/25/2005 6:09:59 PM PDT
by
CHARLITE
To: CHARLITE
Wow, a sensible ruling from the Florida courts for once! The Palm Beach Post is gonna be furious.
2
posted on
06/25/2005 6:12:52 PM PDT
by
CFC__VRWC
("Anytime a liberal squeals in outrage, an angel gets its wings!" - gidget7)
To: CHARLITE
Limbaugh's medical records were seized in late 2003 by Palm Beach County prosecutors investigating suspicions the radio talk show host had engaged in "doctor shopping" illegally receiving multiple prescriptions from four different doctors for pain killers. Rush mentioned four doctors when this investigation was made public. According to Rush (IIRC), one was his primary doctor. The second was one who shared a practice with the primary and filled in when doctor #1 was away. Doctor number 3 was the specialist for his sudden deafness. Doctor number 4 was the fill in doctor at the ear specialist. So if Rush is telling the truth, there were only two separate practices, not four independent doctors.
What sounded like a very weak case to begin with has gotten suddenly weaker if only four doctors at two practices count as doctor shopping.
3
posted on
06/25/2005 6:15:45 PM PDT
by
KarlInOhio
(Bork should have had Kennedy's USSC seat and Kelo v. New London would have gone the other way.)
To: CFC__VRWC
The DNC shysters didn't do very well with this one. LOL!
4
posted on
06/25/2005 6:20:45 PM PDT
by
FlingWingFlyer
(We did not lose in Vietnam. We left.)
To: CHARLITE
If the law tried this hard to nail the Clintons they would be in jail awaiting execution.
5
posted on
06/25/2005 6:24:58 PM PDT
by
Nateman
(Free speech, but only if its politically correct!)
To: KarlInOhio
The entire case stemmed from the housekeeper's information.
Once she sold her story to the tabloids she was no longer deemed credible.
I just don't see how any evidence from that source can be used in Court.
6
posted on
06/25/2005 6:27:51 PM PDT
by
OldFriend
(AMERICAN WARS SET MEN FREE)
To: Nateman
If the law tried this hard to nail the Clintons they would be in jail awaiting execution. Pretty sad tale, no doubt.
And for those of you in Rio Linda........
LVM
7
posted on
06/25/2005 6:29:51 PM PDT
by
LasVegasMac
("God. Guts. Guns. I don't call 911." (bumper sticker))
To: KarlInOhio
"Rush mentioned four doctors when this investigation was made public. According to Rush (IIRC), one was his primary doctor. The second was one who shared a practice with the primary and filled in when doctor #1 was away. Doctor number 3 was the specialist for his sudden deafness. Doctor number 4 was the fill in doctor at the ear specialist. So if Rush is telling the truth, there were only two separate practices, not four independent doctors."
Very interesting...I had not heard this.
This case has been a waste of the taxpayers money and Rush's!! I can only imagine what Mr. Black's attorney fees must be but I am sure Rush would confirm ....worth every dime!
This case has played on for too long now and I think that with everything else the libs whine about...this is getting the same attitude..."you want some cheese with that whine?"
8
posted on
06/25/2005 6:41:06 PM PDT
by
4everontheRight
( "I'm learning to dread one day at a time" --- Charlie Brown)
To: KarlInOhio
"What sounded like a very weak case to begin with has gotten suddenly weaker if only four doctors at two practices count as doctor shopping."
Exactly. I'm glad that he has "the best in the business" for his lawyer - Roy Black. And I hope that Rush will end up giving the politically ambitious prosecutor in Palm Beach County a large black eye.
Thanks for your comment!
Char :)
9
posted on
06/25/2005 6:45:45 PM PDT
by
CHARLITE
(I propose a co-Clinton team as permanent reps to Pyonyang, w/out possibility of repatriation....)
To: CHARLITE
Rush, we love you! Hang in there.
10
posted on
06/25/2005 6:47:52 PM PDT
by
Faith
To: CFC__VRWC
The Palm Beach Post is gonna be furious.Yes, they are...not nearly as pissed as sHillary (and the others 'Rats) are going to be.
11
posted on
06/25/2005 6:48:28 PM PDT
by
skinkinthegrass
(Just because you're paranoid, doesn't mean they aren't out to get you :^)
To: CHARLITE
I wish, your tagline was true...the Kims and the Klintoons were made for each other. :D
12
posted on
06/25/2005 6:54:08 PM PDT
by
skinkinthegrass
(Just because you're paranoid, doesn't mean they aren't out to get you :^)
To: OldFriend
Medical charts are typically cryptic - poor handwriting, lots of abbreviations, etc. Even a very bright judge is going to be hard-pressed to determine the possibility of something so nebulous as "doctor shopping".
13
posted on
06/25/2005 7:04:25 PM PDT
by
corkoman
(Overhyped)
To: CHARLITE
If there really is such a thing as the distinction between right and wrong, it sure as hell isn't going to be uncovered by the judiciary.
14
posted on
06/25/2005 7:05:05 PM PDT
by
Mr Ramsbotham
(Laws against sodomy are honored in the breech.)
To: CHARLITE
In other words the Judge realized that his butt was on the line and he wasn't just going to push his agenda off on someone who couldn't put up a fight.
15
posted on
06/25/2005 7:11:42 PM PDT
by
vpintheak
(Liberal = The antithesis of Freedom and Patriotism)
To: Nateman
16
posted on
06/25/2005 7:12:45 PM PDT
by
Checkers
To: OldFriend
" The entire case stemmed from the housekeeper's information.
Once she sold her story to the tabloids she was no longer deemed credible."
How much do you want to bet that the media does not give the housekeeper the same treatment that they gave to the mother in the Michael Jackson case ?
Both women sound like the same types- in Jacko's case she was called a lying con artist, but, Rush's housekeeper will be elevated to saint status.
Guaranteed.
To: Wild Irish Rogue
The housekeeper is out of the picture. No one is having anything to do with her once she went tabloid.
The affidavits she signed were posted on Smoking Gun.
Ugly ugly ugly. She gave us Rush to save her own neck.
18
posted on
06/26/2005 5:44:16 AM PDT
by
OldFriend
(AMERICAN WARS SET MEN FREE)
To: CHARLITE
If we separate the politics from this issue.....in reality it is a private and personal medical problem. Rush has admitted abusing his medications.
One of the sad truths (rarely known to the abuser) about drug abuse is sudden hearing loss. I respect him for facing his demon.
19
posted on
06/26/2005 6:15:58 AM PDT
by
cbkaty
(I may not always post...but I am always here......)
To: KarlInOhio
One has to wonder just why Rush did not have his doctors simply sign statements that they all knew about all the prescriptions, AND his addiction, and no fraud was involved. Hhmmmm?
From the Search warrant material -
http://www.thesmokinggun.com/archive/rushsearch5.html
4/24/2003 Norco 180
5/01/2003 Oxycontin 90 ( 180 Norco in 7 days ( 25/day )
6/2/2003 Lorcet 30
6/3/2003 Norco 240 ( 30 Lorcet used in ONE day )
6/10/2003 Lorcet 30 ( 240 Norco used in 7 days ( 34/day ) )
8/28/2003 Norco 60
8/29/2003 Norco 240 ( 60 Norco used in ONE day )
20
posted on
06/26/2005 11:05:21 AM PDT
by
RS
(Just because they are out to get him, it doesn't mean he's not guilty.)
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