Posted on 01/23/2004 1:36:46 PM PST by AlwaysLurking
Palm Beach State Attorneys 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. Limbaughs 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 States 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 dont 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 Attorneys office, asking us whether Mr. Limbaugh had agreed to enter a plea. As I told the court last month, we think the State Attorneys 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 Attorneys 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.
Twelve years ago, Ms. Bowman stood on the opposite side of the courtroom from Mr. Black when she accused William Kennedy Smith of raping her. A cornerstone of Mr. Black's defense was portraying the Jupiter woman as psychologically unstable. To do that, he and his legal colleagues repeatedly sought access to her medical and psychological records.Roy Black's credibility is unimpeachable.At one point, Circuit Judge Mary Lupo scolded the defense team for its methods. The attorneys served subpoenas to numerous health-care providers who had treated Ms. Bowman during the 10 years before the trial. Their records requests included information about where and when she had had an abortion and the drug rehabilitation programs she attended. Even information about contraception was requested.
Mr. Black and his associates did not bother to tell health-care providers that the matter was under judicial review, so many of them unwittingly complied and gave up records that should have stayed sealed.
Prosecutors called the defense's actions "unconscionable." Judge Lupo was so irritated that she denied the records' admittance.
"The court will not excuse defense counsel's abuse of the rules," the judge said. "(Smith) may not use the medical records wrongfully obtained."
But by then it was really too late. Mr. Black's team had the records, and somehow, some way, by someone, they were leaked to the media. Ms. Bowman was smeared, Mr. Smith was acquitted, and Mr. Black's rise to prominence was launched.
Just a thought, but one of the oldest tricks in the book is for the defense attorney to leak confidential stuff to the media and then blame the prosecution knowing that the media contact can't or won't disclose the source of the leak.
I recall someone who was prov en innocent of murder through DNA evidence. Don't remember who but they had been jail for many years, and had entered a plea bargain to avoid a death sentence.
Actually asking about, but not entering into a plea bargain is a good way to feel out the prosecutor. To find out how confident they are.
Few people who are addicted to painkillers have a criminal investigation against them.
Rush was in so much pain that he was only able to play golf three or four times a week.
Actually, he did.
True, and the same can be said for tax cheats and insider traders. There are not enough prosecutors, judges, courtrooms, and jail cells to prosecute everyone. The government tends to prosecute high profile cases in the hopes of discouraging similar conduct among the masses.
Amen.
Note the bold type at the top of the page that Black makes reference to.
Good then the analagy is perfect.
Brett Favre gets hooked on Drugs due to to pain, beats it and is a courageous hero.
Rush Limbaugh gets hooked on Drugs due to to pain, beats it and is a villain who must be hounded to the ends of the earth.
And perhaps if he wasn't playing golf three or four times a week -- a game that places a huge amount of stress on the back -- he wouldn't have been in so much pain. And yes, I am a genius.
And you've been getting answers for weeks. The fact that you don't like the answers, especially when they point out that your question is flawed, is not our problem.
Then why isn't Bill Clinton is jail for perjury? No person was of "higher profile" than he was when he did it.
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