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.

[GladesGuru]

"Edmondson said. State law trumps any ethical concern".

This, in one sentence, is why Florida has become the Sheeples Republic of FloriDUH.

If Florida state law does trump any ethical concern, and if this legal boy's statement goes unchallenged by the citizens of Florida, the rest of America should think about quarantining Florida STAT!

[LiteKeeper]

read later

[longtermmemmory]

It does not provide the crystal clear order for the SA to justify his actions.

The statute provides fore written procedures to request direction.

I submit the reason the SA acted on his own in contradiction to the suggestion of the Bar and the AG is because they epected any Judge to keep the settlement negotiations out of the public record.

Even the Law Professor Jarvis suggested that releasing settlement letters prior to resolution is detrimental to other settlment negotiations. A judge would probably hold the same opinion.

BTW: During active cases some prosecutors often put settlement offers in writing and that is put in the court file. But that is after the case is formally filed.

[GladesGuru]

That Palm Beach Liberalism impaired legal boy knows better than jumping Granny. She'd cane his on the spot.

Hmmnnn - now there's an idea! How about caning the Palm Beach prosecution, but Singapore style? It couldn't hurt (us, anyway) and it could help prevent further debacles like this one.

If we can get it through the Legislature, I'll pay the tickets for a pro from Singapore to do the honors. Assuming he can manage to keep from being swamped in a horde of irate citizen volunteers.

[longtermmemmory]

The SA had to go to the judge. It would have avoided this whole issue. Why did the SA not want to go? There was no deadline? (was there?)

They could have even gone to the same judge.

They could have advised the Sentinal to file a "friendly" suit to allow a judge to rule on the issue.

They could have written for formal advise and cc'd the Bar and AG offices. Thus both could have confired.

Any state attorney must do the job right. If an underling did this, they would have been fired on the spot.

[longtermmemmory]

Forgot to add:

The fact that Palm Beach SA office rapidly sent a letter to protect the AG's office by stating that it was a Palm Beach only opnion tell me that some very angry phone calls were recieved from Tallahassee.

[for-q-clinton]

Can a plea be used in court against a person? If not, then it shouldn't have been released to the public.

I've read this entire thread (up to this post) and finally had to post. I believe Habs4 has a good point about the surgery and medical records and that is something that will need to be addressed; however, the points put forth about the SA getting a bit ambitious to tear down Rush are quite apparent.

I'm neutral on this. If Rush broke the law he should be busted as others violating same/similiar crimes. No more...no less. As far as his defense goes, he should be able to put forth the best defense possible; but he needs to way that with public opinion since that's where he gets his cash.

Very good points are made about hiring a lawyer that gets the guilty "off" but ruins their rep. If Rush is willing to take that gambit it does reflect poorly on him; however, it doesn't make him guilty.

I'm posting to you specifically because you're ruining this thread with your stupidity to reason. You ask for someone to post the details. They do and then you argue over what the definition of is is. You've made you point and pretty much most of dismissed it as we can read what is posted and reason for ourselves.

[des]

cutting to the chaise sounds good, oui?

[des]

What has been reported re: doctor shopping, is that two doctors in question were partners in the same practice, and one was locum tenens for this same practice, filling in for one or the other. The remaining doctor, reportedly, was involved in treating the deafness. Is this correct?

[Sarah]

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

He has the best argument I have every heard...

"you are a dumbass"

Levin sounds like a Rhodes Scholar with that logic."

You know, I'm embarrassed how I used to WORSHIP Mark. He sounds like a out of control ego maniac. Didn't he used to have class?

[E.G.C.]

In support of Rush!!!!!

[ClintonBeGone]

There's nothing there to hang your hat on. Did you even read the statute you cited? It's absurd to use that to say the correspondence shouldnt be produced. You need to do MUCH better than that.

[ClintonBeGone]

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?

Black is an excellent attorney and is doing the best he can to represent his client. However, his biggest problem is with Rush's ankle biting groupies who view this as some sort of political battle - like things were with Clinton. Its not. Rush's life and livelihood are being threatened here and these fools are out there inflaming the prosecutor with their self serving stunts. Its despicable.

[an amused spectator]

Prosecutors counter: Plead guilty to a single felony charge of "doctor shopping" and avoid prison time.

Prosecutors counter: Plead guilty to a single felony charge of "doctor shopping" and avoid prison time.

Prosecutors counter: Plead guilty to a single felony charge of "doctor shopping" and avoid prison time.

Prosecutors counter: Plead guilty to a single felony charge of "doctor shopping" and avoid prison time.

Prosecutors counter: Plead guilty to a single felony charge of "doctor shopping" and avoid prison time.

Why do I get the feeling that this was ALL about getting Limbaugh to plead to the felony? ;-)

[Hillary's Lovely Legs]

You know, I'm embarrassed how I used to WORSHIP Mark. He sounds like a out of control ego maniac. Didn't he used to have class?

You have seen the light.

[kristinn]

I see you've woke up from the fainting couch. Please pass the smelling salts to Sarah, please.

[OldFriend]

Black says Rush took 8 pills a day. On what grounds would the maid be blackmailing him. She was getting paid to shut up about the pills she was providing him. They have nothing to do with the medication prescribed by the doctor.

The maid cannot be a witness any longer because she sold her story to the Inquirer. At this point the State has only inuendo and false charges left.

Be that as it may, it doesn't change the fact that the maid obtained illegal quantities of drugs for Rush. The best thing that could happen to Rush right now is a plea that forces him to be randomly drug tested......the man has a problem that will not go away by denying the problem exists.

Too many folks depending on Rush's money put that first before the man's wellbeing.

Everyone involved in this has been tarnished........

[OldFriend]

Nice diversionary tactics.....the letters the letters the letters...Rush only took 8 pills a day.

Who pays blackmail based on taking 8 pills a day?

[RS]

"It does not provide the crystal clear order for the SA to justify his actions.


I see the discussions with the AG staff showing that they are public records, and discussions with the bar showed there was no ethics problem. "If unsure" about if they needed to release them they suggested he go to a judge... by that time they were not unsure.


"The statute provides fore written procedures to request direction."
... and just which statute might that be ?

[RS]

"Can a plea be used in court against a person? If not, then it shouldn't have been released to the public."

Sorry, but Florida has certain laws on what MUST be released - what you or I think should not be released dosn't count.

http://myfloridalegal.com/sunshine

The Bar person basically said there was no ethical componant to the decision.