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.

[arete]

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

I believe that Rush's improved golf swing is proof positive that there really is an upside to narcotic addiction. I'm sure Timothy Leary would agree if he were still around.

Richard W.

[PBRSTREETGANG]

I believe that Rush's improved golf swing is proof positive that there really is an upside to narcotic addiction.

Oxycontin will improve my golf swing?

Sign me up.

[Enterprise]

I think your post is an excellent one. I hope someone with your knowledge is on standby in the event the nutso prosecutor tries to take Limbaugh to court. Thank you for the thoughtful comments.

[Enterprise]

"he did not recall a trip he had completed in a straight run from California to Ohio."

WOW! Now THAT was some trip! Reminds me of a story I heard once of a businessman who was also a function alcoholic. He would make a lot of very successful deals while he was in "blackout." When he was sober he couldn't recall any details of the meeting.

[blackie]

Rush Is The Man!

[Landru]

"I wonder how soon the mighty DA will start investigating Nursing homes that kill their residents with overdoses when the insurance runs out."

Medicare doesn't "run out" & to make the above statement is the epitome of irresponsibility.

In short.

...you're a stupid asshole.

[Enterprise]

LOL:

Coroner's determination on cause of death: Termination of Medicare benefits.

[1Old Pro]

bttt

[js1138]

True that medicare doesn't run out, but medicare doesn't cover the cost of private nursing home care. There are lots of homes that use the residents' assets until they run out. There are all kinds of passive ways to speed up death, such as removing feeding tubes. But I suppose I am stupid to believe such things happen.

[RS]

Hi OldFriend -
( your nickname is great - wish I had it )

I've always been curious about this type of thing -

"The maid cannot be a witness any longer because she sold her story to the Inquirer."

ON TV it's portrayed by a lawyer saying something like
" Isn't it true you were PAID to spin this yarn for the magazine ...HHmmm???"

But is that all the reasoning behind it ?

I would think that if the Enquirer were sued by Rush that the maid would be the MAIN witness in the case, so it cannot be that selling a story automatically throws it out.

Any leads as to where I might dig further regarding this ?

[Cubs Fan]

--Could you find the section where they are exempt ?--

If its so clear cut as you want to make it out why didn't the AG's office say, "yeah go ahead and release it." but they didn't, they said consult a judge. (and of course the SA lied when he said they granted permission [most likely yet another violation of ethics])

When in doubt leave it out, or at least he should have CONSULTED A FRIGGING JUDGE LIKE THEY TOLD HIM TO DO.

Furthermore I'll be glad to see some consistency in this brand new Ad hoc notion that all plea agreements are subject to the sunshine law.

Its time they all saw the light of day from now on. After all, why not make it so any person's plea negotiations can be made public by any prosecutor desiring to taint a jury pool?

You haters and this SA are just like the clinton apologists-- you will destroy any law, any CODE OF ETHICS, any morality, any decency just to achieve your objectives.

[jeremiah]

I have a similar problem(crushed ankle) and I am using the kidney killing ibuprofens. My doctors are afraid to prescribe me what will help with the pain, because of pressure from the govt. I don't fault Rush at all, I would (and probably will) reach the point where I have to have this kind of pain meds to walk.

[Landru]

"Coroner's determination on cause of death: Termination of Medicare benefits."

Yea, put that way it looks even sillier than the offending post, doesn't it.

Look, "Enterprise," off topic for a sec.
About your tagline, "You sit down. You had your say. Now I'm going to have my say."

...do we "know" one another from somewhere? {g}

[ClintonBeGone]

You haters and this SA are just like the clinton apologists-- you will destroy any law, any CODE OF ETHICS, any morality, any decency just to achieve your objectives.

Actually, you are more like Clinton in this case - willing to ignore the rule of law to achieve your own personal agenda. Disgusting if you ask me. Have you NO shame? I guess we can't expect THAT much from a Cubs fan :)

[OldFriend]

For some reason I don't quite understand....the moment someone sells their information they are deemed not credible.

There was a witness who saw OJ speeding away from Nicole's apartment, but she sold her info to one of the tabloids and she was never called as a witness.

[ClintonBeGone]

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

You couldn't be more correct. Like Rush himself always says - follow the money.

[eyespysomething]

I've got a girlfriend who is in cronic pain, and that's about right for her, and she too gets switched in her medicine every 2-3 months.

You don't get high if you're getting pain relief. You get pain relief.

[ClintonBeGone]

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

You're exactly right. The law is written so there is no arbitrary decisions on the part of the government to hold such documents. Could you imagine the threads here if this was Bill Clinton's records and some 'liberal' prosecutor was trying not to release them? Or even if it was some kooky guy in FL who was trying to get a copy of the minutes from a city council meeting. We must be true to the rule of law even when it involves our own side - a philosophy I suspect is lost on our friend at places like Landmark.

[RS]

C'mon slow down a bit - get the sequence straight ...

The Ag's office said release is good with us... go ask ethics - ethics said it's not an ethical problem -we cannot talk to the legal aspects - then went ahead and SUGGESTED if UNSURE to go to a judge.
( since they only deal with ethics, their suggestion was just that )

The SA was not unsure on the legal - the AG said it was good by them...

If there is something around that says the AG did NOT give the OK - someone please point me at it .
( as long as it's not simply Black spouting it with no proof, then don't waste my time )



"Furthermore I'll be glad to see some consistency in this brand new Ad hoc notion that all plea agreements are subject to the sunshine law."

So it WAS a plea ? Are you calling Black a liar ?

[ClintonBeGone]

I've always been curious about this type of thing - "The maid cannot be a witness any longer because she sold her story to the Inquirer." ON TV it's portrayed by a lawyer saying something like " Isn't it true you were PAID to spin this yarn for the magazine ...HHmmm???"

RS, that's exactly how it works. You take your witness as you find them. IF the prosecutor puts her up on the witness stand, what personal gain she's made by selling her story certainly goes to her credibility. Each side has a chance to attack and bolster her credibility in the eyes of the jury. However, when you combine her testimony with the records and probably testimony from his doctors, well, I don't think whatever flaws she has will be an issue. Think of a case where I co-defendent in a bank robbery cuts a deal with the prosecutor and rats out his partner. Its all up to the jury to decide how much weight to give that person's testimony, but there is no court rule that would prevent them from being called as a witness.