Limbaugh's pill use not extraordinary, lawyer says

Miami Herald ^ | Jan. 26, 2004 | DANIEL de VISE

[AlwaysLurking]

Limbaugh's pill use not extraordinary, lawyer says

BY DANIEL de VISE ddevise@herald.com

Rush Limbaugh's attorney mounted an offensive Monday, accusing Palm Beach County prosecutors of smear tactics and likening his client to any ordinary American with chronic pain.

''This nation is full of people who take medication every day and will do so for the rest of their lives,'' said Roy Black, speaking in a news conference in Miami.

Discussing the prescription-drug abuse allegations in unprecedented detail, Black reasoned that the quantity of medicine Limbaugh is accused of ingesting -- 1,800 pills in 210 days -- works out to roughly 8.5 pills a day, ``certainly not an outrageous amount.''

Black questioned the motives of Palm Beach County State Attorney Barry Krischer in releasing details last week of sensitive plea negotiations between Limbaugh and prosecutors.

The December correspondence, unflattering to Limbaugh, shows the radio talk-show host proposing to settle the case through treatment, potentially averting a permanent criminal record. Prosecutors counter: Plead guilty to a single felony charge of ''doctor shopping'' and avoid prison time. Both offers were rejected.

Black said the plea negotiations shouldn't have been released. He portrayed the incident as part of a politically motivated campaign to discredit his client.

Black said the government's plea offer came with a veiled threat: If Limbaugh did not plead guilty, the state would release his confidential medical records.

''The only conclusion that I can draw is that Mr. Limbaugh ... is being singled out more than anyone else for actions that no one else in this community would be subjected to,'' Black said.

Black and other prominent South Florida attorneys said they couldn't recall another case of plea negotiations released to the public.

''There has to be some thought about the long-term consequence'' of routinely releasing such documents, said Robert Jarvis, a law professor at Nova Southeastern University. ``And the long-term consequence in this case is that no one would begin a negotiation about a plea.''

But Michael Edmondson, spokesman for the Palm Beach County state attorney, said prosecutors were confident they'd done the right thing.

Prosecutors consulted the Attorney General's Office and the Florida Bar in response to the Jan. 15 public records request by the Landmark Legal Foundation, which sought all available documents in the case. They concluded the state public records law required releasing the plea dealings, even though doing so violates ethical rules for lawyers.

''The way the Florida public records law works is, anything that is not specifically exempted under the law is permitted,'' Edmondson said. State law trumps any ethical concerns, he said.

But he offered nothing in writing to back up that account. And Limbaugh's legal team produced documents Monday that seemed to contradict it.

Telephone notes from a Florida Bar attorney, paraphrasing Kirscher himself, state that plea negotiations ``are not normally to be revealed [and] so may or may not be [a] public record.''

Attorney General spokeswoman JoAnn Carrin wouldn't say what legal advice her agency gave the chief Palm Beach County prosecutor, citing the ongoing investigation.

Prosecutors began investigating possible prescription-drug abuses by Limbaugh, 53, last year, based on a report from his former maid. Limbaugh has not been charged with any crime.

Limbaugh's attorney accused Edmondson, the state attorney spokesman, of leaking a false story last month that Limbaugh was poised to plead guilty to doctor-shopping. Edmondson denied the assertion.

Doctor-shopping is duping multiple physicians into dispensing excessive prescription medications.

''I can say categorically now that Mr. Limbaugh would not plead guilty to doctor-shopping, and that's because Mr. Limbaugh did not engage in doctor-shopping of any kind,'' Black said.

[ClintonBeGone]

His claim is central to his case. Really, why would any sensible person trust the word of Roy Black? oH puhleeze...

Thats like cutting to the chaise and asking OJ if he did it. The real meat is in the process, the legal process. No defendant or potential defendant has to answer such questions. Who cares if he's lied. He is/was addicted to drugs. Please don't well up the crocodile tears because you've been 'let down'. You're a big boy. And as for Roy Black, I would want him on my side any time I was in trouble. To say otherwise displays an ignorance of his record.

[habs4ever]

Sure, if you are a felon.Study his MO....this is how he operates.He poisons the well, and what he does do is taint the reputations of his supposedly innocent clients by his very actions.

If I was a guilty, you bet I'd want Roy Black on my side.

[Hillary's Lovely Legs]

Proof of excruciating pain.

[habs4ever]

Where do you get the idea i've been let down? go read my posts since this story broke and you'll see where this starry eyed groupie has been coming from.

Read my posts more closely next time.I understand about the hair splitting about legal processes, especially being done by an attorney who's job it is to cast doubt on the very legal processes he accusses others of violating.Figure out Roy Black.It ain't hard :)

[RS]

"I am dissappointed that Rush didn't hire Levin to handle his case."

No chance - LLF seems to think he's not guilty - they are on a rightous quest

Black couldn't care less...

"you are a dumbass"

We'll see how it turns out, but the only proven liar in the play so far is Roy ( plea bargain?, what plea bargain?) Black.

[Hillary's Lovely Legs]

Looks like Levin went to ' I know you are but what am I' Law School.

All courses taught by Pee Wee Herman and Red Foreman.

[longtermmemmory]

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 119
PUBLIC RECORDS View Entire Chapter

119.07 Inspection, examination, and duplication of records; exemptions.--

=snip=

(b)1. Active criminal intelligence information and active criminal investigative information are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution.

=snip=

(k) Any information revealing the substance of a confession of a person arrested is exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution, until such time as the criminal case is finally determined by adjudication, dismissal, or other final disposition.

(l)1. A public record which was prepared by an agency attorney (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record) or prepared at the attorney's express direction, which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or which was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until the conclusion of the litigation or adversarial administrative proceedings. For purposes of capital collateral litigation as set forth in s. 27.7001, the Attorney General's office is entitled to claim this exemption for those public records prepared for direct appeal as well as for all capital collateral litigation after direct appeal until execution of sentence or imposition of a life sentence.

=snip=


the law does not support the SA. He should not have been so lazy as to not open a book.

[longtermmemmory]

The law is actually on the opposite side.


The SA is lying.

[RS]

"You are a liar, and I don't like liars, dumb ass."

Oh... my heart breaks -

Someone call the Landmark Legal Foundation quick so I can get them to sue him for me...

Call the Freeper Ethics Association regarding personal attacks !

Better yet, someone tell his mommy he's being a bad boy....

[longtermmemmory]

There is no plea bargain. Perhaps you should get a law degree.

[zip]

ping

[ClintonBeGone]

If I was a guilty, you bet I'd want Roy Black on my side.

I'm sure there is no doubt that Rush has doctor shopped. The question for me is why the prosecutor is making such a big deal about it. Most of us believe it's because of who Rush is. However, my biggest problem is with his minons of groupies who are playing games with the legal process, like this was some Bill Clinton romp with an intern, and exposing Rush to even more harm. No one wants an angry prosecutor after them. With the power they have, even if they use it in the most incorrect ways, they can make your life hell for years and years and cost you LOTS of $$.

[ClintonBeGone]

The law is actually on the opposite side.

Can you provide a quote, or am I stuck with your own interpretation of the statute?

[RS]

you've got to do better then that - this is NOT investigative information, its NOT a confession, and it was NOT prepared for litigation.

[habs4ever]

The prosecutor has to uphold the law, and, you guessed it, doctor shopping is a big foul ball.The law...an inconvenience, for even rock ribbed conservatives with a habit.

I think a closer look will reveal that it is Black doing the games playing.It's what he does, and truly, you only have his word to go on, don't you?

[RS]

"There is no plea bargain. Perhaps you should get a law degree."

OK have it your way - then it's definitely in the public record...

[des]

What has been reported is that he has rejected an anterior cervical fusion, for fear that the career might be affected by a less than optimal result. Is this correct?

[longtermmemmory]

http://www.freerepublic.com/focus/f-news/1065799/posts?page=167#167

[habs4ever]

Maybe the doctor's records in dispute will clear that up, once and for all.

[des]

Would you choose to be a medicated functional person, or a non-medicated disabled?