Posted on 11/08/2005 6:47:36 PM PST by rface
WEST PALM BEACH, Fla. - Prosecutors argued in court Tuesday that they should be allowed to speak with Rush Limbaugh's doctors as part the investigation into whether the conservative talk show commentator illegally purchased painkillers.
Meanwhile, Limbaugh's attorneys wanted the judge to hold prosecutors in contempt for allegedly giving information to the news media, the Palm Beach Post reported.
Limbaugh's attorney, Roy Black, argued that confidentiality between a doctor and patient is a privilege that even criminal investigators cannot penetrate.
"They cannot force Mr. Limbaugh to supply their evidence for them," Black said.
Assistant State Attorney James Martz said he needs to put basic questions to Limbaugh's doctors to investigate if there was a crime.
"I have no idea if Mr. Limbaugh has completed the elements of any offense yet . . . unless we can ask several pertinent questions," Martz told Circuit Judge David Crow.
Crow reserved ruling on Martz's request and said a written order would be issued later.
Prosecutors seized the records after learning that Limbaugh received about 2,000 painkillers, prescribed by four doctors in six months, at a pharmacy near his Palm Beach mansion. They contend that Limbaugh engaged in "doctor shopping," or illegally deceived multiple doctors to receive overlapping prescriptions.
Limbaugh has not been charged and maintains he's innocent. He has acknowledged he became addicted to pain medication, blaming it on severe back pain, and took a five-week leave from his radio show to enter a rehabilitation program in 2003.
A continuing fishing expedition!
This is actually a good sign. This is evidence that they have NOTHING on him.
BTW, When are they going to go after Kate Moss?
That is so, if Limbaugh committed no crime, they will be able to take some inconsistency between what a doctor says about something the happened years ago, and turn it into a "false Statement", or perjury charge about a non-crime.
The South Florida version of Ronnie Earle. The criminalization of Conservatism continues.
Now they want to break doctor-patient confidentiality too?
I think we can now officially call this case a political vendetta.
Assistant State Attorney James Martz
"I have no idea if Mr. Limbaugh has completed the elements of any offense yet".
Well shouldn't they already know that someone has committed a crime before they ask to speak to someone's doctor?!!!
What a disgrace this whole thing is. If this goes through nobody is going to want to tell their doctors anything.
Millions of dollars are being spent to see if Limbaugh committed a misdemeanor.
they need to back down now, gees, they have no case.......it's over.
And shouldn't they have some evidence of probable cause before they subpoena medical records?
Picking on someone with deep pockets is a huge mistake.
I thought so but obviously some out of control prosecutors with a mission think they should have access to anything at anytime.
Yes, a lack of evidence should not be allowed to deter our fishing expedition your honor. We can't make the case unless we are allowed to violate the doctor client privilege.
This is a mess - I wrote a thesis on the confidential relationships guaranteed by U. S. Law long ago (50's - in high school) - Priest and confessant; Attorney and client; Doctor and patient - these 3 are basic - now state laws and professional associations expand this to include CPA's, Realtors, Insurance Agents, etc. as "ethics" ... but the original 3 are - or were sacred - one on one confidentiality - ABSOLUTE - where the others are not - we are off course - the compass is broken.
Woe is us.
I think that the State of Florida has stepped in it big time. Roy Black is probably significantly smarter than Mr Martz, and Rush probably has more money than the state.
Imagine if it were the average person in Limbaugh's shoes- who would not have the $$ it takes to defend oneself against such crap.
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