Report: Prosecutors decline Limbaugh offer

Associated Press ^ | January 23, 2004

[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.

[Ancesthntr]

They'd love to have Rush plead to a felony and lose his right to vote.

...and his right to own guns ANYWHERE in the country - forever.

[NYC Republican]

Rush should stop calling it the "Democratic" party, and call it the "Democrat" party. Semantics, maybe, but call it like it is.

[LibWhacker]

Why do I think that if all rats developed amnesia tomorrow, this case would go away?

[no_problema]

who's he got to blame, but himself?

[pettifogger]

the release of privileged communication between lawyers

Uh, it's not "privileged" since it's not between an attorney and his client. Attorneys write back and forth all the time and there is no obligation under the law or under the rules of ethics to keep those communications private.

That said, I still think the prosecutors are going after Rush because he is, well, Rush.

[Col. Proton]

So what if it's Rush this time. Can't do the time- don't do the crime. End of story.

[longtermmemmory]

proves it more than you know.

This story is YET ANOTHER leak.

The fact that they want a USER case to get a felony rather than treatment (treatment is the long stated policy of the Palm Beach Prosecutor Office) tells that this is only political. A treatment would not result on a notch on their belt.

Settlement negotiations are inadmissible in trial. Its a clever manuver. They SA gets to imply rush is trying to cut a deal and gets to put out they are still trying to get a straight criminal case.

The FL bar should get involved in this. Anyone can file a bar complaint. The FL bar investigates. They would get a jurisdiction outside Palm Beach to investigate.

[longtermmemmory]

In Fl a defendant can plead:

Guilty
Not Guilty or
No Contest (a plea of convenience. The penalty is less hassle than the defense. It admits nothing)

The fact the prosecutors are being selective and malicious in demanding a guilty plea is demonstrative of selective prosecution. They are NOT treating Rush equally under the law.

The real research now is whether doctor shopping would qualify for drug offender court.

Any news on the public information request for the prosecutors "public pressure" email, faxes and phone logs?

[longtermmemmory]

A judge would not just give a conviction to a first time user case. A no contest plea to the same charges with the same penalty would not result in a loss of rights. Even the 2nd.

The prosecutor's goal is clear, they want the symbolic gesture of rush not being able to vote.

This is punative.

This is not equal treatment under the law.

Since there are no charges, they can be as punative as they want in the court of public opinion.

Having probably cause for ten charges is not the same has having proof beyond a reasonable doubt. It is not unheard of for the prosecution to sandbag charges in order to manuver for one plea deal.

10 counts means? 10 appointments? 10 perscription fillings? 10 different doctors?

If it is doctor shopping then it means Cline was not his supplier. So why was she getting money? Blackmail against exposig adiction...

[longtermmemmory]

Actually the letter seems like a roy black set up on the prosecutor. The letter shows that Rush is willing to enter the FL drug court intervention program the same as any other user under the law. The SA response shows for this user case the prosecutor want a symbolicly excessive penalty different from the treatment of other users under the law.

While a settlement negotiation is inadmissible, there may be a nuanced claim of admissibility under malicious prosecution.

[longtermmemmory]

The release of the letters was orchestrated. The letters were produced and their existence leaked to a reporter so a public request could be made.

As far as the bar information. I would want to see the question. Their ethics hotline will give a desired answer based on how you couch the question.

"Are letters which are inadmissible in trial releaseable as public records?"

Something stinks in Denmark.

[Dog Gone]

Taking down the #1 conservative icon in the country is far more important to the left than the capture of Saddam Hussein. Even if they can't get a conviction, they want to bloody Rush up and diminish his influence.

Anyone who fails to see that this is the overriding agenda is blind.

[TKDietz]

"The fact that they want a USER case to get a felony rather than treatment (treatment is the long stated policy of the Palm Beach Prosecutor Office) tells that this is only political. A treatment would not result on a notch on their belt."

Are you sure that the policy isn't treatment rather than incarceration for users? I don't know what the policy is there but just because prosecutors may claim to favor treatment over incarceration does not mean that they are in favor of not giving people felonies for low level drug crimes. People get felony records for minor drug offenses all the time in this country. Lucky for Rush that he's in a line of work where they won't care about his felony record.

[TKDietz]

"A judge would not just give a conviction to a first time user case. A no contest plea to the same charges with the same penalty would not result in a loss of rights. Even the 2nd."

Are you sure about that? In most jurisdictions no contest pleas are accepted just like guilty pleas and the defendants are found guilty just as if they had given a guilty plea.

"This is not equal treatment under the law."

I don't know if they are treating him more harshly than they treat others in that particular county in Florida, but I will tell you that all across America regular people are nailed against the wall for small time drug offenses all the time. People do get felony records and they do in many cases actually get jail or prison time out of minor drug offenses.

What do you think about what Rush's lawyer said when talking about the plea offer he had made. "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."

Do you agree with Rush Limbaugh's attorney who is speaking on Ruish's behalf?

[blackie]

Rush Rocks!

[Col. Proton]

Just a biker, eh? The man had a name: Randolph Scott. Least you could do is refer to him by name. According to this, Randolph Scott was a fellow Viet Nam Veteran. And a volunteer firefighter, farmer and father of 2. Screw Janklow.

[Born Conservative]

[longtermmemmory]

The are treated the same as guilty pleas for purposes of punishment BUT the Adjudication is usually withheld. This means no conviction is on the record. This is generally for people with first time offenses.

A judge must approve a plea deal. I have seen a FL judge refuse a no contest for a "guilty" plea. The prosecutor was over reaching and the judge wanted to know why the state was insisting on a "guilty" for a woman with no record.

All criminal sentences have to be approved by the Judge and have to be within the guidelines.

I do know. I have had clients use the drug court intervention system of the FL courts. (the exact same system used by noel bush and that african-american legislator from miami)

The stated policy of all state attorney offices is to use the court system to get first time offenders into treatment.

In FL, any first time offender user is entitled to enter the drug court system.

The sucker offer was an attempt to get Rush to waive that. This constant anal probe audit of Rush's life is an effor to try and find a charge outside of drug court entilement so this goes to regular criminal court.

The Palm Beach drug court system has a judge specificall assigned to this program. This is all they do with hundreds of first time cases for people caugh red handed.

There is NEVER EVER EVER, did I say NEVER, this much effort to go after a perscription drug addict who was not caught red handed. There was no sting to catch an illegal puchase. NOTHING. This has NEVER EVER EVER been a retention of a special Washington DC investigator, nor has there been a use of the FINANCIAL CRIMES UNIT (?!) for a mere user. Remember they have the alleged supplier and dealers who were above Rush. If they had something there they would have charged.

I don't have to agree, I can tell you Roy Black is only repeating verbatim the stated public and long standing policy of the Palm Beach State Attorneys office.

I do believe the SA has a FL Bar Ethics problem with regards to coordinating the release of the Enquirer story, and tiping the reporters to the existence of the letter from Roy Black.

[longtermmemmory]

Those of us who ride were upset with this. Janklow may have been a republican but he did wrong and the tape of him admitting he was habitually driving too fast did not help him. The 100 days is offensive but then again I did not follow the case and I don't know what mitigation exists.

He should have lost his license permanently.

He should have to do 10000 community service hourse for the local ABATE.

[TKDietz]

"The are treated the same as guilty pleas for purposes of punishment BUT the Adjudication is usually withheld. This means no conviction is on the record. This is generally for people with first time offenses."

I wish they would do it that way where I live. Where I live the only legal advantage in pleading no contest is that it might be possible under certain limited circumstances to keep a conviction out in a subsequent civil trial if the person had only pled no contest rather than guilty in the other proceeding. I suppose also people in many cases would rather plead no contest because they feel that it is less of an admission of guilt. But in reality they pretty much have to admit guilt anyway because in my state in felony cases a factual basis must be read unto the record and the defendant has to admit there is a factual basis for the plea or the judge won't take it. I always advise my clients to plead no contest as long as the judge will accept it though because there is some offhand chance that it might help them in some future legal proceeding in my state or perhaps in some other where the laws are different.