Prosecutors Can Examine Limbaugh Records

Yahoo/AP ^

[Hillary's Lovely Legs]

WEST PALM BEACH, Fla. - Prosecutors can examine Rush Limbaugh's medical records to determine whether he should be charged with "doctor shopping" for prescription painkillers, a judge ruled on Tuesday.

Palm Beach Circuit Judge Jeffrey A. Winikoff denied the conservative commentator's request to keep the records sealed.

Limbaugh's attorneys had argued that the seizure of the records from doctors in Florida and California violated the radio host's privacy. Investigators obtained the records 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.

Doctor shopping 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.

The Palm Beach County State Attorney's Office began investigating Limbaugh last year, after his former maid told them she had been supplying him prescription painkillers for years.

Limbaugh recently admitted his addiction, stemming from severe back pain, and took a five-week leave from his afternoon radio show to enter a rehabilitation program.

[TheConservator]

In my state, at least, these records would be privileged.

Privileged means that the prosecution could not obtain them, even if they were relevant to the prosecution of the crime charged.

I have seen people quote the Florida Constitution as to the right of privacy. But what about doctor patient privilege? Is it created by statute? Or is it simply a common law privilege? Does it apply in criminal cases? Is there a recognized exception to the privilege that arguably applies here?

Are the briefs submitted in connection with the case available somewhere on line?

[CedarDave]

Rush starting his show discussing this; equating to Florida courts changing the rules for Gore/Bush recount. Bush issues a statement regarding this.

[CedarDave]

Filing an appeal, records will show not doctor shopping, but invasion of privacy. Confident will prevail on appeal.

[CedarDave]

Judge allowing time for Rush to appeal (which they will do). State supposed to protect records; Rush says they will be leaked anyway.

[CedarDave]

Bush = Rush. My error.

[Howlin]

did Black or anyone else offer any testimony or evidence concerning the blackmail by Rush's former maid?

This is the only thing I have seen about money and the maid:

He tried to kick his habit again at a New York hospital to no avail, she said, and piled up drug bills of $80,000.

In 2002, Wilma Cline said, a Palm Beach attorney showed up on her doorstep, gave her a check for $100,000 and made her sign a promissory note, but said the "loan" would never be collected. Four months later, in November, the attorney gave her a check for $100,000 and told her not to give Limbaugh any more pills.

The attorney also told her to hand over the computer retaining Limbaugh's e-mails, Wilma Cline said, but she took the hard drive from another computer and smashed it in front of him. Then the Clines sought legal help.

From this link

[af_vet_1981]

Exactly! They are continuing their ceaseless efforts to silence a strong conservative voice!

Well it would have been nice if he had not given them so much ammunition ...

[Jack Black]

I beg to disagree. If subpoenas are put out doctors have to answer them, just like anyone else. It happens all the time. It is not the same as a priest hearing confession.

[CedarDave]

Rush appropriately outraged that prosecutors are invading his privacy to make a case for "doctor shopping". They should make their case without conducting a witchhunt/fishing expedition.

[Peach]

Wrong. Doctor's are rarely subpoenaed because they nearly always claim confidentiality and thus LE doesn't bother. There are a FEW exceptions, but darned few.

[CedarDave]

Finished discussing his case at first commercial break. Wants to say more, but can't now. Says this is only way those who want "payback" can get at him since he is not running for office.

[Bluntpoint]

"Have you hugged your lawyer today?"

[ConservativeMan55]

I'm watching as well.

[ConservativeMan55]

Rush will be LIVE on Christmas Eve!!!!

[af_vet_1981]

but our most personal information is now fodder for anyone who wishes to use it.

No, a prosecutor needs probable cause that a crime was committed and a judge must approve it. Unfortunately for Rush and all his listeners, that seems to be the case here.

[SpookBrat]

Right to Privacy - GONE, unless you're a sodomist.

Right to Privacy - GONE, unless you're a 14 year old girl who wants to kill her unborn child without parental knowledge.

[Catspaw]

I believe Black may have inadvertently given the prosecutors more ammo to open up Rush's medical records. He said at the hearing that Rush was experiencing so much pain his docs thought he had bone cancer (not an exact quote). Prosecutors could use that argument to say, "we have to have the medical records open to verify those statements." It wasn't a smart move on Black's part.

[ContemptofCourt]

BS. There is no confidentiality if a crime has been suspected.