Transcript of The Hearing on Rush's Medical Records

RushLimbaugh.com ^ | 12-23-03 | PALM BEACH COUNTY, FLORIDA CASE NO.: CA 03 13316

[Matchett-PI]

News the Press Won't Report: Judge Reseals Records December 24, 2003

BEGIN TRANSCRIPT 12:07 PM EST

For those of you in the media who are rolling - welcome to those of you watching on the Dittocam, by the way - it's always a pleasure to allow you into the EIB broadcast complex here to actually witness what's going on. But for those of you in the media who now regularly roll on this program, there's a little announcement here, and only one network has reported this news this morning that I learned around ten o'clock Eastern Time.

I want to remind you of something I said yesterday as a predicate here. From the statement that I made yesterday, behind this Golden EIB Microphone was this paragraph. "The judge's order directs my attorneys to file any motions or pleadings that he deems appropriate." This is about the medical records hearing that occurred on Monday. As you know, the judge ruled that the state could - well, they rejected our request to keep the medical records private, but a little bit more to it than that.

"The judge's order directs Mr. Limbaugh's attorneys to file any motions or pleadings he deems appropriate, meaning for an appeal of his decision." So we did. We filed for a stay yesterday. We want to appeal this. If we have to go to a Circuit Court of Appeals of Florida, we will do so. Now, this doesn't stop the state from opening the records, and I made this point yesterday. They can open the records pending the judge's decision on our request for a stay. But this is the key. I said, "We'll just see how much the state respects our desire to follow the legal process all the way down the line on this."

Okay, that's from yesterday. So just make it clear, the judge said the state could go ahead but pending our submission of reasons why they should not, why there should be a stay, a delay on his decision, before we can appeal it. Here's what's happened. Yesterday the court entered an order continuing my lawyer's request to keep my medical records private. However, the court recognized the seriousness of the matter and sought further legal authority from my lawyers on the issue of a stay of his order so that an appeal could be pursued. My lawyers communicated with the prosecutors and asked again that none of my medical records be examined until the court ruled on the stay request.

The state advised my lawyer later in the day, yesterday that, Barry Krischer, who is the elected state attorney down here, told his investigators to go ahead and open my medical records, despite the requests from my lawyers and the consideration of a stay by the judge. Then this morning, the court granted the stay, but the prosecutors had already begun to read my records. So we got the stay; we got the delay; we have a chance to appeal the judge's decision, but the state went ahead and opened the records and had investigators poring through these things despite our request that they just wait until the judge just rule on our request for a stay.

They couldn't wait; they had to open them. The elected state attorney himself ordered it. The state's attorney, Barry Krischer, personally ordered it from what we're told and his investigators began rifling through my medical records. Yet today the judge granted our stay and now we have a chance to appeal his decision. This means that the records have been ordered sealed again. But the state attorney has already had his investigators poring through them. I'm not surprised. My case is being treated differently than anyone else's is in this matter.

Now, this happened, as I say, a couple of hours ago. MSNBC is the only network that has reported this today. MSNBC is the only network that's had any news whatsoever that the judge granted our request for a stay so that we could appeal his decision. Yesterday it was the biggest news in the world that the court had rejected our request to keep the medical records private. It was the news all day; it was the news all night. Now the court has accepted my lawyer's pleadings today and said, [paraphrased] "Okay, we're going to grant you the stay; medical records have to be sealed." But the state attorney had already looked at them, but none of this has been reported in the press today.

I will not mention this to you, folks, I would not bring this to your attention were it not for the fact that nobody else in the media is despite the fact that they are clearly all aware of it. Also, one other thing. As you know the medical records hearing was Monday afternoon at two o'clock, and the medical records hearing as are all of these proceedings open to the public. The media was there in great number, and it's, therefore, public material. So we have posted on my website the transcript of the entire hearing that took place Monday afternoon.

It's about an hour in length. Not to read it but that's how long it went. It's right there on the home page, the front page of the website. It's on the free side. You don't have to be a subscriber to see it, and if you read it, you will see yourself what has not been reported about what was said. And many things that were said by my lawyer and by the judge and by the state in this hearing on Monday that the media, who were witnesses have chosen to ignore. So you can go to the website, www.RushLimbaugh.com and peruse word-for-word the transcript of the medical records hearing, and also I just wanted to tell you the judge today granted our request for a stay at a medical records. Mine must be sealed, cannot be opened, although they were by the state attorney's office. They'd begun rifling through them. Even though they could - I want to stress that the judge's order yesterday said - we personally asked them not to, just wait till the judge rules on our stay and they didn't, because I'm being treated differently than anyone else in this circumstance.

END TRANSCRIPT

Click on link above to read the Article [in which, as Rush just now said on the air, there is inaccurate reporting. ie: They *HAVE* already been pouring through the medical records until today when the judge decided to reseal them.]...

(AP: Judge rules Limbaugh medical records to remain sealed for now)

Listen to Rush...

(...discuss the latest ruling resealing his medical records pending appeal)

[billorites]

"In 1998 his coccyx bone was removed..."

What then does El Rushbo sit on?

[billorites]

"the only alternative...was a spinal surgery in which they had to go through the front of his throat in order to do the operation on his spine"

You wouldn't believe how they got to my prostate.

[Huck]

He was told that his enemies would use the fact of this addiction as a weapon to discredit him, and, of course, all that this subsequently became true. Over years he paid substantial amounts of money to the Clines because of their extortion. After the Clines bled him dry, they then went to the Palm Beach County State attorney's office in December of 2002 where they were granted immunity from prosecution in order to be used as witnesses against Mr. Limbaugh. Secondly, with their newly minted immunity, the Clines turned around and were free to sell their story to the National Enquirer for $250,000. Because with immunity from prosecution, nobody could touch them. Once this false or mostly false story hits the news media, the National Enquirer and all of this, pressure is now put on the Palm Beach County State attorney's office to have a criminal investigation of Mr. Limbaugh, which they did not have before. But because this was publicized by the Clines, they decided that they had to do something about Mr. Limbaugh.

Sounds to me like Mr. Limbaugh has both halves of his brain tied behind his (hurt) back. What a dumbass move by El Rushbo. I am sorry, but I think caving to extortionists' demands, for fear of facing the music for your own crimes, is LAME. I hope I would do better in similar circumstances.

[Two_Sheds]

He's being awfully open about all this stuff. Usually attorneys tell their clients to clam up until after things are over.

I also notice that he spends a lot of time on his show making jokes, directly and indirectly, about the situation.

I wonder what he knows that everybody else doesn't?

[Two_Sheds]

What then does El Rushbo sit on?

Tom Daschle?

[international american]

"Mine must be sealed, cannot be opened, although they were by the state attorney's office."

What can be done about this??

[cyncooper]

We have a friend who had that procedure where they operated on his back by going in the front of his throat. That was the first time I heard of that type of surgery.

[Catspaw]

One of my neighbors just had that type of surgery. The incision wasn't on the front of her throat, but off to the left side of her throat just above her collarbone. They used a piece of her pelvis (hip bone) to fuse the vertebrae. She never lost her voice, had no pain from the vertebrae or from the neck incision, but her hip still hurt about a week later. She's got to be in a neck collar for a few months, and has a few other restrictions (sleep position, lifting). She's doing just fine.

[Matchett-PI]

"We have a friend who had that procedure where they operated on his back by going in the front of his throat. That was the first time I heard of that type of surgery." ~ cyncooper

"Roy Black, Limbaugh's lawyer, ... said during a Monday court hearing that his client suffered from a degenerative disc disease with ''pain so great at one point doctors thought he had bone cancer,'' and that Limbaugh chose to take addictive painkillers rather than have surgery.

Surgery would have meant doctors would have gone through Limbaugh's throat to operate on his spine, which could threaten his career as a commentator, Black said during a Monday hearing.

Limbaugh's former maid, Wilma Cline, learned of his addiction and threatened to sell the story to The National Enquirer. She and her husband, David Cline, demanded millions and were ''paid substantial amounts of money,'' the lawyer said."

*

"...During a hearing over whether prosecutors should have access to Limbaugh's medical records, attorney Roy Black said Limbaugh paid "extreme amounts of money" to Wilma Cline, his former housekeeper, and her husband, first for pills and then for extortion. Black alleged that the Clines had threatened to go public with information about Limbaugh's drug use unless they received $4 million.

Black said Limbaugh wanted to contact the FBI, but was told by an unidentified friend that if he went to the authorities, they would target him, and his political enemies would use the information against him.

"That's exactly what happened," said Black, who also alleged that Cline's husband was a convicted drug trafficker. ...."

Sources for the above excerpts:

AOL News Updated: 12:12 PM EST 12-23-03
Limbaugh's Medical Records Opened to Prosecutors
Possible 'Doctor Shopping' Investigated - By JILL BARTON, AP

*

Limbaugh's Lawyer Accuses Housekeeper of Blackmail
Susan Candiotti, CNN.com NewsWire (Dec. 23)

[Matchett-PI]

"I wonder what he knows that everybody else doesn't?" ~ Two_Sheds

Don't say, "everybody else". Take a peek at what Mark Levin has to say to "Herbie" the caller in the exchange below.

Tuesday, 12-23-03 Aprox 5:30 PM EDT Sean Hannity Radio Show

Transcribed from my audiotape by me.

Host, Curtis Slewah {sp?), sitting in for Hannity.

Guest: Mark Levin of the Landmark Legal Foundation.

Curtis: "..Now, Mark, on the matter of Rush Limbaugh, we heard him on his nationally syndicated show respond to what his attorney Roy Black had said about the Palm Beach District Attorney's office and their on-going investigation. It's very confusing to me, and I think most folks listening from afar, because of the nature of us not really knowing what's going on. Can you try to bisect it and dissect it for us?"

Mark: "OK. This hasn't been discussed in any detail by all these meatheads on TV, and it's very upsetting to me. I secured a copy of the transcript of the hearing and I want to walk you through this briefly. But there are very, very important points that haven't been made public, that are in the public record! OK?

Number one: The Florida Constitution creates a fundamental right to privacy, in article one, section three.

Unlike the US Constitution, in which every Liberal tries to find a right to privacy, Florida actually creates one in black and white, OK? It has a statute that creates a doctor-patient priviledge, OK? This becomes a fundamental right under article one, section three, twenty three of the Florida Constitution.

Number three: There's a three-part test that has to be met before you can get a search warrant. The test, in my opinion, was not met. The difference between a search warrant and a subpoena is this; a search warrrant, you're concerned -- prosecutors are, law enforcement is -- that the evidence might disappear, so you might want to get a breathalizer test right away. You might want to look for something right away. But doctor's records??

As opposed to a subpoena, where the party being subpoena'd, or the party being targeted has a right to intervene, seek court, ah, seek a hearing, before they can actually seize the documents. At no other time, in the history of Palm Beach County, has a search warrant been issued in this manner against somebody who was addicted to pain killers -- against somebody who went into rehab.

So, what is it that they're investigating? Let me put it to you this way, Curtis, first we read the leak about money laundering, right?"

Curtis: "Yes"

Mark: "Then they asked the New York authorities, 'Are you investigating money laundering?' 'No'.

Curtis, interrupting: "Right -- Attorney General, Elliot Spitzer, who's a pit bull on almost every issue, said, 'No, we're not looking into this at all'"

Mark: "And no fan of Rush Limbaugh's, I'm sure."

Curtis: "No, not at all. Nor of Sean Hannity, I might add."

Mark: "Then we heard about a drug ring. What happened to the drug ring this DA was investigating? Then we heard about this maid who was all over the National Enquirer. Does anyone know where this maid is? 'Cause I haven't read any reporter who's interviewed her., or her drug-pushing husband. Where is he?"

Cyrtis: "Alright now, on that matter -- ah, there were media reports today in which Roy Black was talking about the blackmail -- the actual blackmail. Ah, what penalties exist for that in the State of Florida, that the maid and her husband might be subject to?"

Mark: "There are extortion penalties in every State. Those are very, very serious crimes. I don't know why this DA is standing on its heels or sitting on its tukkas (sp?). Now, hold on, I just want to make a point."

Curtis: "Sure."

Mark: "Let's talk about these four doctors. This is critical. Roy Black layed this out the other day, and not a single media outlet picked it up, Curtis. They accused Rush of 'doctor shopping'. That's the big crime they're looking for, OK? Now listen to this. Two of the doctors are Dr. Drurer (sp?), and Dr. D'Zeil (sp?). Alright?"

Curtis: "Yes."

Mark: "They say Rush would go to Dr. Drurer and then would go to Dr. D'Zeil, or D'Zeil, and then go to Drurer, and somehow shop doctors in order to get prescriptions, OK?

Curtis: "Ah huh."

Mark: "What their affidavit to their search warrant did not say, is that these doctors both worked at the same surgery center -- the Jupiter Outpatient Surgery Center -- and not only that, as Black pointed out, Drurer was only filling in for D'Zeil when he was available to issue the prescriptions to Rush. There is no doctor shopping between these two judges -- I mean doctors.

Want to hear the third doctor? He's Dr. Del'a Cruz (sp?), of Los Angeles. He works at the House Ear Clinic. Rush went there, because six months prior to losing his hearing, he sought treatment. And then he was treated by another physician, who was there for his hearing loss - ah - that's it! That's the doctor shopping they got!

Now, no judge hearing this before this search warrant went through, would have accepted the argument that there, on its face, that there was a potential violation of this so-called "doctor shopping" statute."

Curtis: "All right. Well you've answered most of the questions that I know I and others had as there continues to be comments from Black who is representing Rush Limbaugh. I appreciate your insights Mark Levin."

A Pharmacist named "Herb" then calls in, and Curtis questions him about what he is required to do (in the way of reporting it to the authorities) if he suspects someone may be "doctor shopping" in order to obtain more and more prescription drugs.

Mark Levin then called back in to the show.

Curtis: "Alright, well Herb, on the line, we actually have counsel. Ah, Mark Levin -- we had just heard from him -- wanted to just engage you on something you said. Are you there Mark?"

Mark: "Yes. Yeah, here's the problem, Herb."

Herb: "Ah huh."

Mark: "They're investigating 'doctor shopping', OK? You're saying, 'well the real legal problem is, they are investigating 'doctor shopping'. Now why do you think they're doing that?

Herb: "They are investigating it, or they aren't?"

Mark: "Yes. They ARE."

Herb: "Well, because basically, to me as a pharmacist, I would say this person who was doing the doctor shopping, has a big problem."

Mark: "No, no, that's not why. Because the entire other part of their so-called case, doesn't exist any more.

The maid sold her story. The maid was an alleged extortionist. The maid's husband was a convicted drug pusher. Where is this drug ring? Where is the money laundering? Those are all apparently, dead ends.

So now, they are doing what we call, 'paper shopping' by looking at these doctor's records. And if you heard what I said earlier on this program, you would have heard the backgrounds of these four doctors, and how on its face, it's absurd."

Herb: "Well, you know, anywhere in the United States, unfortunately, you can always find physicians -- there is always those few rotten apples in the barrel ..."

Mark (interrupting): "But Herb, you've switched positions. You called Curtis and you said, that's not the issue, who wrote prescriptions' - but where did he buy the drugs?"

Herb: "Right."

Mark: "I just explained to you why that door's locked. And now you're coming back around the corner and you're trying to argue, there's a few doctors out there who will always write prescriptions -- that's NOT "doctor shopping".

Herb: "Well, let me just say, I'm not a lawyer. I don't know all the intricacies of what you're saying as far as physcians, but my position is, that, and I listen to Rush quite often .."

Mark (interrupting): "I'll tell you what was said in court... I'll tell you what was said in court ...."

Herb (interrupting): "No, no, my position is, that it was very poor judgement on Rush's part to go ahead with this thing. I don't care if... "

Mark (interrupting): "I think everybody knows that. Rush got a addicted to pain killers. Now, we're beyond the (garbled ?lecturing?). He went to rehab. This prosecutor apparently has never gone after a first-time addict after he's gone to rehab. You don't have to be a lawyer to figure this out. You don't have to be a pharmacist to figure this out."

Curtis: "All aright Mark, I'm going to have to let you and Herb go now .."

Mark: "Alright, my honor."

Also posted here:
http://www.freerepublic.com/focus/news/1045420/posts?page=354#354

[colorado tanker]

This thing is stinking more and more. The state's attorney rushes to give immunity to a convicted drug dealer and one time flight from justice to try to get a first time drug offender/user. In doing so he gives up a prosecution for extortion, which, unlike doctor shopping, is a serious felony. Then he knowingly violates Florida statutes in the way he seizes the records. Then, knowing the judge is considering a request for stay, he still has his investigators rush to look at the records before the judge rules.

All this is being orchestrated by an elected Rat official, part of the Rat machine in liberal Palm Beach County. Rush is right. This is political. This is nothing less than an attempt by the Rats to shut down conservative talk radio.

The only bright spot is the Rat has so screwed up the procedure that he may have tainted the evidence and made it unusable.

[Sacajaweau]

First, it's not a crime to be addicted to those drugs according to Florida Law.

Second, those drugs are for sale all over the web WITH NO PRESCRIPTION.

Third, the records are to have been kept sealed but they were not.

Fourth, why does the state have a COMPELLING interest in Rush's addiction WHICH IS NOT A CRIME.

Fifth, we don't know the dosage of those meds.

Sixth, it appears that one is for night and one for day.

Seventh; Ah, it's that memory of the Dems saying they wanted to take Rush down this year (especially because they couldn't get a counter program going).

[Cogadh na Sith]

MR. BLACK: Well, we do not have, your Honor, a judge there to accept at face value the State saying there is a compelling State interest. Nor do accept at face value that there is a legitimate criminal investigation. The purpose of a hearing is for the Court to make that determination. So the mere fact that they state it does not make it true. And what your Honor is saying, "Well, what is the difference if the State violates the law 51 in the methods by which they obtain records from a suspect?" The problem here is we're dealing with the right to privacy. The right to privacy is violated just by the procedure that's used, not by the end result. What your Honor is basically saying is what the State says is that the end justifies the means.

THE COURT: No, Counsel, I'm not suggesting that.

MR. BLACK: I didn't mean your Honor is suggesting that.

Black rocks! He freaking rocks!

This is a GD politically motivated fishing expedition. This is a crock and I hope Rush and Black shove it right back up their Tom Dashles.

[gcruse]

Second, those drugs are for sale all over the web WITH NO PRESCRIPTION.

Fourth, why does the state have a COMPELLING interest in Rush's addiction WHICH IS NOT A CRIME.

Have you noticed how BOTulism affects the cerebral cortex? Maybe it removes those wrinkles...

[wallcrawlr]

http://www.freerepublic.com/focus/f-news/1046116/posts

[Walkin Man]

Rush is right. This is political. This is nothing less than an attempt by the Rats to shut down conservative talk radio.

Yeah, too bad Rush became a law breaking hillbilly heroin junkie and provided the Rats so much ammo with which they attempt to bring him down.

If conservative talk radio cannot survive without Rush Limbaugh, it deserves to die.

[JohnBovenmyer]

In 1998 his coccyx bone was removed and it was found that he had cysts in his spine.

I'd not heard this medical information on Rush mentioned before and it reminds me of all the grief some have given him for avoiding the draft because of his pilonidal cyst. A pilonidal cyst could potentially cause just this problem. I don't know if the two are connected in Rush's case and as a Dermatologist I'm the wrong doctor to speculate on how likely such a connection could be. I'd suspect his doctors would know. If there is a connection than those who made fun of Rush's being excused from the draft for a 'trivial' condition have mud in their face, big time.

[Oystir]

Actually, it looks like Rush is in a bit of a world of hurt. This is a typical drug sting except the snitch sold out her "client" and not her "supplier".

The medical records, in my opinion, will be unsealed by the appelate courts and in addition to the pharmacy records (which the prosecutor most likely already has) and the the testimony of the snitch and bank records showing large withdrals (cash payments to pharmancies and no report to insurance?) will only be icing on a probable conviction.

In other words, a conviction can be had w/o the medical records. The issue of the medical records becomes one of Florida's constitutional right to privacy vs. compelling state issue of criminal activity. Mr. Roy did not do a very good job at addressing this issue and rushed the issue into court when the state already stated they would keep the records sealed.

[JohnBovenmyer]

I'm no lawyer so I can't judge whether the State should be able to get his medical records, or at least be able to get them this way. If MSNBC is correct that they've already read his records, even though their right to do so is back in legal limbo, then that raises a secondary, but important, issue. Is it not common that evidence obtained through what is later ruled an invalid search warrant is thrown out of court as well as all other evidence obtained only because of that tainted chain of evidence? If Rush were to win on the point that although the State might have eventually obtained his medical records through proper methods they instead obtained them improperly and thus a court would throw them out. As Mr. Martz says that the state needed the evidence therein to prove their case, could their action of reading them already cost them whatever case they had against Rush? Can any Freeper legal sorts answer this?