Limbaugh Attorney Black's Statement on Leaks from SAO

Rush Limbaugh Website ^ | 01-23-04

[AlwaysLurking]

Palm Beach State Attorney’s Office Dances Atop Their SUV, Releases Confidential Correspondence

Roy Black Comments on the State's Release of Confidential Correspondence

Miami, FL – January 23, 2004 – Roy Black, attorney for Rush Limbaugh, issued the following statement today regarding confidential correspondence that was released to the media by Palm Beach State Attorney Barry Krischer.

“My letter to Mr. Krischer regarding Mr. Limbaugh’s case asked that Mr. Limbaugh be afforded the treatment anyone else would receive. The State's response was preposterous, but consistent with their double standard in this case. The facts are: Mr. Limbaugh went to these doctors to relieve chronic, intractable pain; there was no doctor shopping. Mr. Limbaugh never considered accepting the State’s ludicrous offer. He was not going to plea to something he did not do. We sent them a letter suggesting Mr. Limbaugh be treated in a similar manner that others had been treated. They responded with a preposterous offer. Discussions ended at that time. At no time was there ever a plea agreement of any kind.

"What the records don’t show is that before we could draft a letter responding to the State, we received a phone call from a newspaper reporter, as a result of a leak by the State Attorney’s office, asking us whether Mr. Limbaugh had agreed to enter a plea. As I told the court last month, we think the State Attorney’s Office should be investigated for journalist shopping.

"What is most troubling here is the continued violations of Florida law and bar ethics by the State Attorney’s Office. One need look no further than the bold caption on top of my letter alerting everyone to the confidential nature of the communication. The disclosure of these highly confidential communications violates the Florida statutes, the rules of procedure and evidence, and the Florida Bar Rules governing professional conduct. Because the State has no case against Mr. Limbaugh they continually seek to discredit him in the media.”

[Labyrinthos]

Just curious. Where did you obtain your MD, Mr. Genius?

From the University of Personal Experience, Ahole.

[Labyrinthos]

In the last 3 or 4 years, Rush stopped talking about frequent golf games.

You should lay off the drugs also, my friend. Stop being an "enabler."

[Mad_Tom_Rackham]

That's what I thought. Now I fell free to treat your future posts with the full degree of consideration that they merit.

[Labyrinthos]

Many guys and gals play golf no matter what kind of pain they are in, because to some golf is life.

I see. So its OK if a person commits a felony by illegally procuring and taking controlled narcotics, provided (a) he's a famous conservative; and (b) he's taking the illegal drugs so that he can play freaking golf a couple times a week. Makes freak'in sense to me. What the "f" does the law mean anyway? The rules of society don't apply as long as you play golf.

[TigersEye]

And I'm not going to excuse someone's illegal use of drugs to alleviate the pain. You are responsible for your own behavior and the consequences of that behavior, intended or not.

I agree with that. Things get a little hairy when you go to a doctor for help and the drugs he gives you addict you to them. Once addicted you have to deal with that situation and at the same time your powers of reasoning are fuzzed out in two ways. One, the addiction itself. Two, the direct effect of the drug. That's not taking into account the motivating factor of pain that led you to take them in the first place.

Keep in mind, in Rush's case, his doctor told him that Oxycontin was not addictive. At the time he started taking them the pharm co's were telling the doctors that it wasn't addictive. Turns out it's far more addictive than heroin.

Rush hasn't been charged with anything so what is it that he should feel guilty about? Did he doctor shop? I don't think so; see post #129. It hasn't even been suggested that he sold drugs so that's out. Did he buy drugs from his maid? He hasn't been charged with that. Did he evade responsibility for his actions? He admitted he became addicted on national radio. He voluntarily sought treatment. If he hasn't admitted anything else perhaps it's because he's under investigation with no charges filed. What kind of idiot gives the authorities information they can use to indict you with?

[Mad_Tom_Rackham]

fell = free, but I'm sure that this miscue didn'dt escape your genius.

[Labyrinthos]

Hi genius, I'm thinking no matter what, Golf changed Rush's life for the better.

Yup, you're right. Golf may have caused or contributed to his back pain, which led him to the legal use of drugs, which caused him to become addicted to illegal drugs, which caused him personal humiliation, which caused him to go to drug rehab, which caused him to hire an attorney at $400 per hour to get him off, who tried to convince the world that he's done nothing wrong other than to self-medicate, Which is OK as long as you're a conservative radio talk show host.

[RS]

"Give him a record, community service, a fine, probation. All well and good. But I think they won't stop till he's in jail."

According to what we've seen here, they did offer a 3 year probation if he cops to one felony count... Black turned it down at the same time he was saying that they were not trying to make a deal ...

( I'm assuming that they would also require the full cooperation that he promised ...)

[TigersEye]

Yup, you're right. Golf may have caused or contributed to his back pain,...

It was a congential abnormality exacerbated by his job.

... which led him to the legal use of drugs,...

Imagine going to a doctor for pain. Doh!

... which caused him to become addicted to illegal drugs,...

They weren't illegal drugs they were Rx drugs.

... which caused him personal humiliation,...

Or maybe it was being blackmailed by someone who saw an easy mark.

... which caused him to go to drug rehab,...

It certainly wasn't personal responsibility that caused that. 8^O

... which caused him to hire an attorney at $400 per hour to get him off, ...

What a scoundrel! He hired a lawyer for a legal problem.

...who tried to convince the world that he's done nothing wrong other than to self-medicate,...

That's just an out and out lie.

Which is OK as long as you're a conservative radio talk show host.

No one, including Rush, has said it's OK.

What a grade A prime Ahole you are. Genius? Try dipwad.

[BJungNan]

The attorney general's office - and every prosecutor - should be barred from making any public comment on a pending case short of an initial announcement at the time charges are filed.

A statement at that time should follow a predetermined script and cite the applicable sections of the law. Any further comments to the media by the prosecutor and any leaks from the prosecutor's office should be grounds for stiff penalty and a the immediate dismissal of all charges.

There is no reason other than grandstanding for the prosecutor to be issuing public comments. The place for the prosecutor to make their case is in the courtroom.

[CMAC51]

I suppose he hasn't but I don't logically see any other way of obtaining them.

How about prescriptions from his doctors.

[longtermmemmory]

This may be a Bar Reportable offense. The SA thinks they incoculated themselves by consulting with the AG and FL Bar ethics hotline. The ethics hotline is NOT immunity and attorneys are warned. (it would not be the first time a lawyer tried to pull a fast one by manipulating the Bar.)

The open disemination of settlment negotiations puts an immediate chill on ANY negotiations other lawyers have with the SA. Will they make absurd media manuvers to gain advantage? In one fell swoop, the Palm Beach State Attorney has jepordized ALL the negitiated cases which may have a public component.

There was no intention for the SA to make a legitimate offer. This was a sucker offer. The SA WANTS A TRIAL. (public flogging.) They don't want any plea. A plea is subject to the approval of the judge. An onerous plea would be rejected just as much as a weak plea.

Doing some ethics research will report shortly.

[RS]

"The open disemination of settlment negotiations ..."

But, But... Black says there was no talk of a deal - there was no negotiations ...

http://www.thesmokinggun.com/graphics/art3/rushletters1.gif

http://www.thesmokinggun.com/graphics/art3/rushletters2.gif

http://www.thesmokinggun.com/graphics/art3/rushletters3.gif

http://www.thesmokinggun.com/graphics/art3/rushletters4.gif

[longtermmemmory]

This may be a violation by the SA since he is leaking to gain advantage unjustly in a case.

Rules Regulating The Florida Bar


4 RULES OF PROFESSIONAL CONDUCT
4-4 TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS

RULE 4-4.4 RESPECT FOR RIGHTS OF THIRD PERSONS

In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person or knowingly use methods of obtaining evidence that violate the legal rights of such a person.


Comment

Responsibility to a client requires a lawyer to subordinate the interests of others to those of the client, but that responsibility does not imply that a lawyer may disregard the rights of third persons. It is impractical to catalogue all such rights, but they include legal restrictions on methods of obtaining evidence from third persons.

=snip=

4 RULES OF PROFESSIONAL CONDUCT
4-3 ADVOCATE

RULE 4-3.8 SPECIAL RESPONSIBILITIES OF A PROSECUTOR

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

(b) not seek to obtain from an unrepresented accused a waiver of important pre-trial rights such as a right to a preliminary hearing;

(c) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal.

Comment

A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations such as making a reasonable effort to assure that the accused has been advised of the right to and the procedure for obtaining counsel and has been given a reasonable opportunity to obtain counsel so that guilt is decided upon the basis of sufficient evidence. Precisely how far the prosecutor is required to go in this direction is a matter of debate. Florida has adopted the American Bar Association Standards of Criminal Justice Relating to Prosecution Function. This is the product of prolonged and careful deliberation by lawyers experienced in criminal prosecution and defense and should be consulted for further guidance. See also rule 4-3.3(d) governing ex parte proceedings, among which grand jury proceedings are included. Applicable law may require other measures by the prosecutor and knowing disregard of these obligations or systematic abuse of prosecutorial discretion could constitute a violation of rule 4-8.4.

Subdivision (b) does not apply to an accused appearing pro se with the approval of the tribunal, nor does it forbid the lawful questioning of a suspect who has knowingly waived the rights to counsel and silence.

The exception in subdivision (c) recognizes that a prosecutor may seek an appropriate protective order from the tribunal if disclosure of information to the defense could result in substantial harm to an individual or to the public interest.

=snip=

this is the good one

4 RULES OF PROFESSIONAL CONDUCT
4-3 ADVOCATE

RULE 4-3.6 TRIAL PUBLICITY

(a) Prejudicial Extrajudicial Statements Prohibited. A lawyer shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding due to its creation of an imminent and substantial detrimental effect on that proceeding.

(b) Statements of Third Parties. A lawyer shall not counsel or assist another person to make such a statement. Counsel shall exercise reasonable care to prevent investigators, employees, or other persons assisting in or associated with a case from making extrajudicial statements that are prohibited under this rule.

Comment

It is difficult to strike a balance between protecting the right to a fair trial and safeguarding the right of free expression. Preserving the right to a fair trial necessarily entails some curtailment of the information that may be disseminated about a party prior to trial, particularly where trial by jury is involved. If there were no such limits, the result would be the practical nullification of the protective effect of the rules of forensic decorum and the exclusionary rules of evidence. On the other hand, there are vital social interests served by the free dissemination of information about events having legal consequences and about legal proceedings themselves. The public has a right to know about threats to its safety and measures aimed at assuring its security. It also has a legitimate interest in the conduct of judicial proceedings, particularly in matters of general public concern. Furthermore, the subject matter of legal proceedings is often of direct significance in debate and deliberation over questions of public policy


=end snip=

If the SA TOLD THE REPORTER to ask for the letters via public request that would violate Florida Bar Ethics rule 4-36(a).

Even if the Chief claims innocence. The lawyer in charge CAN BE HELD RESPONSIBLE for the acts of lawyers under him/her. This is not just 4-3.6(b)

If the SA orchestrated the release of the Cline's story to Enquirer. (made sure the had the right immunity deal to ensure Rush had to be embarassed into a confession) this would be a violation of Rule 4-4.4 because at that time Rush was a third person and openly not part of an invetigation.

This is most assuridly now a FL Bar matter. This SA is out of control. He is humiliating the profession. (not that it would be hard to do.) But even in the Bar's eyes, this guy is obviously manipulating the prosecutor's office only for political gain and.

[Dajjal]

>>In the last 3 or 4 years, Rush stopped talking about frequent golf games.
> You should lay off the drugs also, my friend. Stop being an "enabler."

??????????????????????????????????????????????????????????????????????

[longtermmemmory]

It is already covered.

http://www.freerepublic.com/focus/news/1063978/posts?page=174#174

[longtermmemmory]

The letters bolster the absense of any plea deal. The prosecutor was obvious in not making a legitimate offer. Perhaps you have a different view of negotiations however there was no meeting of the minds here.

Roy said there was no deal. Clear enough.

As for the no negotiations, from these letters there is nothing being negotiated. This is only posturing by the SA. The SA office should be reported to the Bar.

[longtermmemmory]

just FYI my post

http://www.freerepublic.com/focus/news/1063978/posts?page=174#174

[AndyTheBear]

"Others" what?

Others addicted to prescription pain killers. Of these most are not subject to:

Leaks from the prosecutors about running a "drug ring"--an investigation which seems to have been DOA.

Leaks from the prosecutors about "money laundering"--another DOA investigation.

The confiscation of personal doctors records to try to find something to nail him on.

Leaks from the prosecutors about "doctor shopping", and a leaked offer for plea bargain from the prosecutor, while the week before the prosecutor had admitted that the "investigation" was "stalled" when the courts took back Rush's medical records on Constitutional grounds.

I anticipate that Rush will finally be convicted of something or other...perhaps "Christmas Shopping". Perhaps the prosecutor should subpoena his credit card records.

Why would you offer to deal for something you claim you are innocent of?

What deal are you talking about? The only deal one might reasonably infer is that the prosecutor stops the jihad in return for him not getting his ass sued.

[longtermmemmory]

I think the SA has a serious ethics problem

see my post here on this thread.

http://www.freerepublic.com/focus/news/1063978/posts?page=174#174

Anyone can report an ethics violation and the FL Bar is required to investigate. A preliminary investigation is not public, BUT if probable cause is found it becomes a public matter.