Posted on 01/23/2004 7:05:52 AM PST by Dog Gone
WEST PALM BEACH, Fla. -- Prosecutors rejected a proposed deal offered by Rush Limbaugh's attorney that would have seen the radio commentator enter a court-sponsored drug intervention program rather than face charges, the South Florida Sun-Sentinel reported today.
Palm Beach County prosecutors wanted Limbaugh to plead guilty to one felony charge of "doctor shopping," a third-degree felony. Limbaugh would have received three years' probation, undergone a drug treatment program and been subject to random drug testing, according to records obtained by the newspaper through a public records request.
Limbaugh has not been arrested and no charges have been filed.
In an attempt to head off charges, Limbaugh's attorney, Roy Black, wrote prosecutors on Dec. 11 to suggest a drug intervention program without a guilty plea.
"I believe this proposal would be in keeping with the public interest," Black wrote. "The public is better served by treating addicts as patients rather than criminals."
Prosecutor James Martz wrote back Dec. 15 that an intervention program alone was not sufficient. He wrote that prosecutors had enough evidence to support more than 10 felony counts.
"This proposed resolution is offered as an alternative to unsealing your client's medical records and in an effort to bring this case to a swift and just resolution," Martz wrote.
Black said in a statement Thursday to the Sun-Sentinel that his request "was for the same treatment anyone else in this situation would receive," and called the state's response "preposterous."
It was unclear whether the prosecution offer of probation in exchange to a guilty plea on one felony count is still on the table.
Black criticized the letters' release, saying he had expected prosecutors to keep his communications with them private, and that he marked his Dec. 11 letter "confidential."
He has been critical of the investigation, calling it politically motivated.
Prosecutors began their investigation of Limbaugh, 53, last year, after his former maid told them she was Limbaugh's longtime supplier of prescription painkillers.
Limbaugh admitted his addiction to prescription painkillers in October, saying it stemmed from severe back pain. He took a five-week leave from his afternoon radio show to enter a rehabilitation program.
Limbaugh's lawyers had denied news reports last month that their client was considering a plea bargain.
Palm Beach County State Attorney spokesman Mike Edmondson declined to comment today. Black did not immediately return a call seeking further comment.
How do we all know that?
I hope Black takes this to a jury trial.
This smarmy prosecutor will get slapped.
Didn't he already go through rehab? What kind of scam was the Limbaugh team trying to pull?
This should more than enough ammo to not let the prosecutors have Limbaugh's medical files...they'll simply be released to the throngs...
I would wager a large sum that that is EXACTLY where the leaks are coming from.
This is a political prosecution, and the prosecutor has to pimp his weak case in the press to keep it alive.
Prosecutors declined to comment on the letters, which were released to the South Florida Sun-Sentinel in response to a request under the state's public-records laws. Prosecutors consulted with the Florida Attorney General's Office and the Florida Bar before determining the letters are not confidential and had to be released as public records.
"My request of Mr. Krischer was for the same treatment anyone else in this situation would receive. The state's response was preposterous, and I declined to respond to it," Black said in a statement Thursday.
Black said in his statement that he expected prosecutors to keep his communications with them private, and he noted that his Dec. 11 letter was marked confidential. Black has been critical of the investigation, which he has said is politically motivated, and of leaks about the case to the media.
"What is even more troubling is this office's continued violations of Florida law and Bar ethics," Black said. "The disclosure of these highly confidential communications violate the Florida statutes, the rules of procedure and evidence, and the Florida Bar rules. Once again, because the state has no case against Mr. Limbaugh, they continually seek to discredit him in the media."
In a Dec. 18 letter to Krischer asking for an investigation into alleged leaks from his office, Black wrote that he had been contacted by the media the day before and asked whether Limbaugh was pleading guilty to a felony.
"The planting of a story that a suspect, in a highly publicized investigation, was about to plead guilty clearly interferes with the investigation and the adjudicative process. No leak could have more impact than this," Black wrote. "Any person would know that this type of story would have a major impact with potential jurors and others."
While the exchange between prosecutors and Black was going on, Black also was fighting to prevent prosecutors from gaining access to Limbaugh's medical records by arguing they were improperly seized with search warrants rather than being subpoenaed after giving Limbaugh a chance to contest the issue in court.
The fight over Limbaugh's medical records now is with the Fourth District Court of Appeal in West Palm Beach.
"It is certainly clear by now that Rush Limbaugh was addicted to prescription pain medication. The latest round of search warrants seizing Rush's medical records will show that he had serious medical problems, was prescribed pain medication and took large amounts of it. He subsequently became addicted to these highly addictive substances," Black wrote in his Dec. 11 letter.
"He has admitted as much on his radio show. Not only that, he checked himself into one of the nation's finest drug rehabilitation centers. He has followed his rehabilitation with almost daily sessions with his own psychologist following up on the treatment he received at the center."
Since Limbaugh admitted his problem and sought treatment, Black wrote that an intervention program would be appropriate because it would "require him to continue his addiction treatment."
From the article:
"He wrote that prosecutors had enough evidence to support more than 10 felony counts."
Sounds more criminal than political to me. If you're a fan of the WOsD, prosecution should be not only palatable, but mandatory.
Sorry guys..guess my sarcasm didn't come through.
I of course agree with both of you.
there we go...just reported on FOX!!
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