Posted on 01/26/2004 4:48:57 PM PST by 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.
No plea barigains would back up the courts for years, cost taxpayers tons of money and let criminals go (no more speedy trials)
Don't look now but your Clintonian--who cares what you destroy just so long as you get what you want mindset is showing again.
No - worst possible case, he violated those laws intended to regulate the procurement of controlled substances to obtain them illegally. It doesn't really matter whether he did it because his back hurt or because he wanted to get them off the street and flush them down the toilet. There is no legal problem if he just gets his scrip and decides to exceed the dose on the label.
I'm tired of flaming liberals who coddle criminals and want to spring them back on society by using plea bargains instead of letting them do the time for the crimes they've committed. I wouldn't expect anything less from an Illinois resident - home of a corrupt government that even gives a pass to death row inmates. By the way F. Lee Baily, it's normally the defendant that waives their right to a speedy trial. The prosecution tends to have their case already made at the time they arrest the defendant. I hope you're still watching the LA Law reruns.
Hey Einstein, there will be no jury after a plea bargin!
You got it. The felony conviction is the holey grail for the prosecutor here. That is the prize he'll try to ride into the governors office or AG or whatever office he seeks next.
Incredible! One pill every three hours! That's more often than I do Viagra. Well almost.
More criminals would go behind bars for a longer time? And that is a BAD thing?
Oh please! Those review committees are as liberal and stocked full of political people as the Florida supreme court. Its naive to think they'll be anything BUT against Rush's position in this matter.
If Limbaugh evades the bullet here, he'd be well-advised to stay away from blue crab traps & posted commerical horticulture property until after the 2004 election... ;-)
I'm more of a handline and scapnet kinda guy, but what's wrong with traps? And what do they have to do with Rush? Are there some draconian crab laws down in Fla?
Just curious in ice-bound(almost) NY Harbor. ( I'd love to be out crabbing right now ;-)
Limbaugh is accused of a 3rd degree felony, Level 3.
That shouldn't be a felony, that should be volunteering to be bait. ;-)
You--Hey Einstein, there will be no jury after a plea bargin!
OMG, are you really this stupid? If the plea is not agreed to, the case goes to trial (that is if they ever even bother to charge Rush with anything).
I can't believe I actually have to explain that to someone. Unbelieveable.
Believe it. You've shown us all, based on your comments, that they do sell computers to people even with diminished capacity.
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