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.

[shelterguy]

Last year I was run over by a truck and now will have leg pain forever. I have a prescription for 12 pills per day. I could get more simply for the asking. So what is the big deal?

[international american]

RUSH..............BUMP!!!!!!!!!!!!!!!!!!!!!!

[ConservativeMan55]

BUMP!!!

[Lady Eileen]

Bump...for Rush.

[joyce11111]

Tonight on Hannity and Colmes, they will discuss this case.

I am livid at what that DA is getting by with...Pure Nazism!

[CyberAnt]

Well .. longtermmemory has revealed that the attorney for Rush's maid (the Clines), is the son of a CLINTON APPOINTEE.

B I N G O!!

[writer33]

We Hope.

[international american]

I have been listening to Rush since 1988 when he was a veritable nobody. My dad turned me onto him. My dad was an old man, and it did his heart good to hear a talk radio guy who believed in the same principles as a decorated WW2 vet.

Rush, Everybody goes through hard times. You will prevail.

Thanks for all your pings CM55

[ConservativeMan55]

That would be nice. Freep This Poll Until it glows!

[bbqjones]

ive witnessed my father go thru painkiller addiction. it is not a pleasent sight. almost 12 DAYS ago he decided to quit "cold turkey". many in the family wondered if this was a good idea. but, trying to lecture a hard headed vietnam vet (marine) with chronic back pain is not easy. so, he is a week and a half into his personal treatment. sick as a dog, and refusing the recommended methadone treatment. pops will get thru this without the sunny day treatment center, i just hope the pain he suffers can be managed another way.

as far as limbaugh is concerned, witch hunt is the only explaination.

hopefully pops gives me his leftover pills so i can get some sleep before the wife wants to talk.

[ConservativeMan55]

No Problem. Diane Sawyer turned me onto Rush Limbaugh.

Maybe old Diane's not so bad after all.

She turned me onto Rush.

She beat Katie Couric in the ratings.

She forced Barbra Walters off 20/20.

She worked for Nixon.

LOL!!!

And she's got great legs!

[Orange1998]

Longterm it could be a serious health problem. Does your doctor have a time table for the prescription.

[Hildy]

He's right about the amount of pills...8 pain pills a day is NOT extraordinary at all. My 78 year old mother takes that many a day.

[international american]

Thank God we have people like Rush, who will tell us the truth , at least 98% of the time. He made the last years of my dad's life more palatable.

[ConservativeMan55]

Thats good to hear. Rush has changed many more lives than he will ever realize.

[shelterguy]

I am stuck with pain forever. I don't take all the pills I get,
but my point is that 8.5 pills per day is not extraordinary and certainly wouldn't require doctor shopping.

[annyokie]

Heck, my 71 year old mother takes so many pills she rattles when she walks.

[solitas]

Could anybody possibly believe that a perp's lawyer wouldn't try a "my client did nothing out of the ordinary"-line at least ONCE in their case?

[international american]

By the way, my dad before he died, was taking all kinds of painkillers...at age 78. Maybe Florida should dig him up and prosecute him posthumously.....a war hero to boot!!

God Bless, IA

[God is good]

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.''

Whatever!!