Prosecutor Wants Limbaugh Records Unsealed

The Guardian (UK) ^ | 12-20-2003 | Jill Barton

[blam]

Prosecutor Wants Limbaugh Records Unsealed

Saturday December 20, 2003 3:01 AM

By JILL BARTON

Associated Press Writer

WEST PALM BEACH, Fla. (AP) - Rush Limbaugh's seized medical records are ``relevant and necessary'' to a prescription drug investigation and should be unsealed, a prosecutor argued in court papers Friday.

The conservative radio commentator has asked the court to keep the records sealed, saying investigators violated his privacy by seizing the records last month and that without them he cannot be treated for his medical conditions.

A judge will hear arguments on the issue next week.

Prosecutors are investigating whether Limbaugh obtained and used prescription painkillers illegally. No charges have been filed.

The records must remain sealed under Florida law unless the state shows a compelling reason to view them.

Prosecutors say the medical records support their allegations that Limbaugh went ``doctor-shopping'' for prescription painkillers. Search warrants list prescriptions from four doctors from March 24 through Sept. 26.

Limbaugh's attorney, Roy Black, has said the records show Limbaugh had legitimate reasons for taking pain medication. The attorney also said the prosecutor had political motives in pursuing a case against Limbaugh.

Limbaugh surprised listeners to his radio show in October by announcing he was entering drug rehabilitation. His announcement came days after news reports about the criminal investigation surfaced.

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[GOP_Proud]

There is absolutely no reason to unseal them except that this prosecutor DOES have a nefrarious reason in going for Rush. Why can't this wait for a "possible" criminal case? I have nothing in my med records that I would think is terribly embarrassing but I still would consider it an invasion of my privacy if I haven't even had a formal charge placed against me. This is an investigation, right? Not a trial?

[tubebender]

Sounds like the prosecutor is carrying a grudge...

[GOP_Proud]

< Prosecutors say the medical records support their allegations that Limbaugh went ``doctor-shopping'' for prescription painkillers. >

If he "knows" this can be proven...then charge him in court with something and let him defend himself. He's throwin spaghetti at the wall.

[templar]

Rush may be a bad guy, good guy, criminal, or upright citizen as you wish. But one thing I'm pretty well sure of: This wouldn't be going on like this if he wasn't Rush.

[GOP_Proud]

Absolutely not. If "doctor shopping" is all he has then he is only out to ruin Rush. Petty.

[tessalu]

This is political and nothing else. I have doctor shopped when I have not gotten the proper help.

[MizzouTigerRepublican]

Exactly. Brett Favre went into rehab for the same pain killers and was never investigated. I read somewhere awhile ago when it occurred that his habit was a lot more than the dosage prescribed to him by 1 doctor.

[greasepaint]

What would be the ruling on this matter?,
for a non-celebrity.
This CAN'T be the first time that
medical privacy has been raised as a
legal issue.
Please cite sources, or urls.

[Optimist]

I have nothing in my med records that I would think is terribly embarrassing but I still would consider it an invasion of my privacy

and imagine if you were known to millions of people and your job was to interact with them on a daily basis for 3 hours a day....

now THAT is invasion of privacy

[longtermmemmory]

Here is the unusual part. These cases have the medical subpoenaed records generally after a DOCTOR turns in the person lying for pills.

These subpoenas being issued this way, having a non-drug unit take the lead for the investigation of a user, and the user was not caught red handed lying to doctors or altering perscriptions is a very unusual and suspect circumstance. If the prosecutors are demonstrated as abusing their position in the courts it could loose their law license.

I have been trying to find out which judge has the hearing, does anyone have any luck finding it?

[cwb]

And we don't know if it was even doctor shopping. Being familiar with pain management, their are hundreds of patients who will see different doctors before they find one who they feel will treat them aggressively. Living in Forida, I can tell you that my previous doctor packed up and left for S. Carolina because of high insruance costs. During that time, I had to visit several doctors before I found one who was comfortable prescribing me the medications I was taking before my previous doctor split.

[longtermmemmory]

actually, the problem is that for user cases this does not happen this way.

You can't cite what does not happen. My theory is that they are more interested in Rush's financial records more than his acutual drug habbit.

Keep in mind too, I believe this is under the new privacy law. The only other thing I can think of in palm beach is a law which was struck down which required a woman to advertise her pregnancy to aler the unknown father of a child to be put up for adoption. It violated FL constitutional privacy clause.

[annyokie]

You all would be singing a different tune if this were Beelzebubba.

[WackyKat]

You all would be singing a different tune if this were Beelzebubba.

You noticed that too, huh

Funny how people who usually think criminal defense lawyers are scum now believe everything Roy Black says

[greasepaint]

I disaree with you in that...
I think that Rush's 'core' criminal defense problem is the
'multi-'scripts-same-time' issue.
Does anyone know the 'reporting' requirements for
schedule two drugs? Why would anyone expect law enforcement
not to know those kind of things?

[Dianna]

You all would be singing a different tune if this were Beelzebubba.

You make no distinction between a President of the United States and a radio show host? There was an outcry here when Clinton wouldn't release his medical records. I think we have the right to know if a person wishing to be elected President has cancer, brain tumors, or current drug addictions.

Rush isn't running for President.

[annyokie]

No lie.

If Rush was doc shopping, then he deserves to be investigated.

[annyokie]

What distinction would you like me to make, since you already made it?

Nearly universally here on FR people have accused x42 of the most vile things, murder included, but we may not speculate that Rush is guilty of doc shopping? He's a junkie?

Go take a nap. No one suggested that Rush is running for presidental office.