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Limbaugh's pill use not extraordinary, lawyer says
Miami Herald ^ | Jan. 26, 2004 | DANIEL de VISE

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.


TOPICS: Culture/Society; Extended News; Miscellaneous; News/Current Events
KEYWORDS: barrykrischer; bigfatliar; crookedlawyerforrush; dopefiendrush; junkie; kennedysmith; landmarklegal; levinlies; liarliarrush; limbaugh; limbaughdopefiend; lovablefuzzball; loveyourush; manuelnoriega; marvalbert; mikeedmondson; palmbeach; pillsapoppin; royblack; royblackliarforrush; rush; rushbots; rushlimbaugh; rushlovesdrugs
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To: ClintonBeGone
If you don't want to fall into that web, don't break the law.

You sound like one of the crowd that was lecturing us about Linda Tripp, and "copyright violations", zekkie.

There was a crooked man
Who enforced a crooked "law".
He got a crooked sixpence
with his crooked little statutes...

321 posted on 01/27/2004 1:45:29 PM PST by an amused spectator (articulating AAS' thoughts on FR since 1997)
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To: ClintonBeGone
Did I say that?

You said this:

The prosecutor might argue convicting Rush will do more to stop the practice than convicting 100 no names.

That sounds to me like you are making the case that the prosecuter is handling this case differently than all other cases of the same nature in order to discourage others from "doctor shopping" or whatever it is they intend to charge him with.

322 posted on 01/27/2004 1:45:55 PM PST by TigersEye (Regime change in the courts. Impeach activist judges!)
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To: TigersEye
I read on another thread recently that some(all?) of the doctors were part of the same practice or group. Mr. Limbaugh saw one as another was out of the office. If this is true, it seems relevant to the charges of 'shopping'.

Originally, the claim went that the maid was busted as part of a sting operation. The documents that appeared on TheSmokingGun did NOT substantiate this. In fact---the timeline was off completely and the criminals denied knowing her.

Just how long was she working with the authorities anyway? She claimed she was wired for meetings with Rush--but the authorities and the Enquirer both denied helping her. So who wired her, exactly?

That Rush was addicted is beside the point as far as I'm concerned. He's entitled to the same legal consequences that every other addict is: little to none, and no violation of his privacy.

323 posted on 01/27/2004 1:46:15 PM PST by unsycophant
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To: ClintonBeGone
But gee, what do you say when Rush gave them the rope to hang him and his friends Levin, et al, helped tie one end to the tree?

Are you saying that Rush made a mistake by voluntarily going to re-hab?

324 posted on 01/27/2004 1:48:47 PM PST by TigersEye (Regime change in the courts. Impeach activist judges!)
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To: TigersEye
If you don't want to fall into that web, don't break the law.

What a starry-eyed little idealist our friend CBG is! I can "break the law" a dozen times on my drive to work every stinking day of the week.

Methinks such Polly Purebredness is a mere affectation, like the rest of his disclaimers.

"Well, no, gosh, I follow the law, ALL the time. I just feel real bad that the pure-as-the-driven-snow prosecutor has to follow the law."

**snort**

325 posted on 01/27/2004 1:52:39 PM PST by an amused spectator (articulating AAS' thoughts on FR since 1997)
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To: TigersEye
Are you saying that Rush made a mistake by voluntarily going to re-hab?

Where do you come up with this stuff? I said no such thing. His mistake was getting multiple prescriptions from multiple doctors within 30 days of each other and perhaps not telling these doctors what he did.

326 posted on 01/27/2004 1:53:00 PM PST by ClintonBeGone (Sell crazy someplace else, we're all stocked up here.)
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To: AlwaysLurking
So, is it up to Rush or the government of Florida to decide what the proper dosage of medication should be?

It would be wrong to blame the doctor(s), they work for Rush.


I think most might agree that this decision should be made by each individual.
327 posted on 01/27/2004 1:53:56 PM PST by WhiteGuy (Congress shall make no law... abridging the freedom of speech, or of the press...)
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To: TigersEye
That sounds to me like you are making the case that the prosecuter is handling this case differently than all other cases of the same nature in order to discourage others from "doctor shopping" or whatever it is they intend to charge him with.

I said that's what THE PROSECUTOR might say. I made no comment either way as to whether I would believe him.

328 posted on 01/27/2004 1:55:47 PM PST by ClintonBeGone (Sell crazy someplace else, we're all stocked up here.)
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To: an amused spectator
You sound like one of the crowd that was lecturing us about Linda Tripp, and "copyright violations", zekkie.

And how does this make my previous statement any less correct?

329 posted on 01/27/2004 1:57:13 PM PST by ClintonBeGone (Sell crazy someplace else, we're all stocked up here.)
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To: unsycophant
I read on another thread recently that some(all?) of the doctors were part of the same practice or group. Mr. Limbaugh saw one as another was out of the office. If this is true, it seems relevant to the charges of 'shopping'.

I'm not sure which doctor is which but I read that at least two (maybe more as you say) doctors were from the same office and one was his ear specialist in CA. That would be entirely relevant to "doctor shopping."

Here's an example. My wife went to the doctor yesterday. Her doc was on her day off so she saw one of the other docs in the office. All she got was a culture for strep throat but if she had been there to get a scrip for pain meds his name would be on the scrip not her regular doctor. But it would be the same as if it had been her regular doc because her stand-in was working with the same charts and history. Suppose she was getting a pain scrip refilled once a week by her regular doc but one time per month the fill-in doctor wrote the scrip. Voila, they all just broke the law if they were in FL according to ClintonBeGone.

330 posted on 01/27/2004 2:02:55 PM PST by TigersEye (Regime change in the courts. Impeach activist judges!)
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To: an amused spectator
LOL That's about right.
331 posted on 01/27/2004 2:03:58 PM PST by TigersEye (Regime change in the courts. Impeach activist judges!)
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To: ClintonBeGone
And how does this make my previous statement any less correct?

By your pretense that the "law" is something immutable, rather than the stealth "revenue enhancement" scheme that the various state legislatures & feral gubbmint are busily crafting it into.

Enough with the doe-eyed act, CBG. It may some of the other zekkies around here, but it don't fool me.

332 posted on 01/27/2004 2:34:08 PM PST by an amused spectator (articulating AAS' thoughts on FR since 1997)
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To: TigersEye
Voila, they all just broke the law if they were in FL according to ClintonBeGone.

No, according the law. I've showed you the elements a number of times. The law clearly states PRACTIONER, not medical practice or group practice. PRACTIONER. However, your wife would probably NOT be in violation if the doctors used the same set of records and were aware of the prior script. Really, is there no level you wont go to defend lawbreaking?

333 posted on 01/27/2004 2:35:30 PM PST by ClintonBeGone (Sell crazy someplace else, we're all stocked up here.)
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To: an amused spectator
By your pretense that the "law" is something immutable

It is, unless you're a bleeding heart liberal and believe in a living breathing constitution. I would warn my fellow conservatives before they continue to get in bed with you. You've really shown no compassion for a conservative cause. You (and Tigers Eye) seem to simply be enablers for the lawless.

334 posted on 01/27/2004 2:37:52 PM PST by ClintonBeGone (Sell crazy someplace else, we're all stocked up here.)
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To: ClintonBeGone
Have you ever smoked pot?
335 posted on 01/27/2004 2:40:38 PM PST by holdonnow
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To: ClintonBeGone
If the SAO has a case, why hasn't he brought it? Instead, he insists on seizing doctors' records through the unusual route of search warrants -- issued by lib judges, which the circuit ordered returned to the court from the prosecutor and kept under seal -- in hopes of proving his doctor shopping case. Two of the 4 doctors work in the same office and shared the same records (when one was absent, the other filed in -- read the hearing transcript and learn of what you speak). The other two doctors worked on different problems Rush had. Why haven't you spoken to this, link to the record, etc. And then we have a prosecutor, who I've proven has lied about the advice he received from the Florida Bar, which is a major assault of the judicial process. Meanwhile, you claim to care about the law, consistency, etc. I've read what you said, I've addressed it, and I have to conclude that either you're a very slow learner, a lib, or a putz.
336 posted on 01/27/2004 2:45:25 PM PST by holdonnow
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To: holdonnow
Again, have you ever smoked pot? Just curious if you're a lawbreaker. I've not. But I'll bet you have.
337 posted on 01/27/2004 2:46:55 PM PST by holdonnow
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To: ClintonBeGone
Again, have you ever smoked pot? Just curious if you're a lawbreaker. I've not. But I'll bet you have.

(There, that's better.)
338 posted on 01/27/2004 2:47:33 PM PST by holdonnow
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To: ClintonBeGone
Well, suddenly you're silent. Well, I have to go ... pot-head.
339 posted on 01/27/2004 2:48:23 PM PST by holdonnow
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To: ClintonBeGone
The law clearly states PRACTIONER, not medical practice or group practice. PRACTIONER. However, your wife would probably NOT be in violation if the doctors used the same set of records and were aware of the prior script.

PROBABLY not? Gee, thanks. So it's just a guessing game for all us patients as to whether we are in compliance with the law and if some overzealous prosecuter wants to search our medical records and threaten us with "doctor shopping" charges you'll be right there saying "the law is the law, you got drugs from two different PRACTITIONERS, you deserve to go to jail."

340 posted on 01/27/2004 2:48:51 PM PST by TigersEye (Regime change in the courts. Impeach activist judges!)
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