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.
I'd be willing to bet he's all three.
Problem is that Rush wasn't seeking meds, he was seeking healing.
Miami, FL – January 23, 2004 – Roy Black, attorney for Rush Limbaugh, issued the following statement today regarding confidential correspondence that was released to the media by Palm Beach State Attorney Barry Krischer.“My letter to Mr. Krischer regarding Mr. Limbaugh’s case asked that Mr. Limbaugh be afforded the treatment anyone else would receive. The State's response was preposterous, but consistent with their double standard in this case. The facts are: Mr. Limbaugh went to these doctors to relieve chronic, intractable pain; there was no doctor shopping. Mr. Limbaugh never considered accepting the State’s ludicrous offer. He was not going to plea to something he did not do. We sent them a letter suggesting Mr. Limbaugh be treated in a similar manner that others had been treated. They responded with a preposterous offer. Discussions ended at that time. At no time was there ever a plea agreement of any kind.
Seems clear enough to me.
I doubt Rush's attorney will be using that defense in court.
That certainly seems to be the case with you when it comes to the SAO here. Do you work for them?
Do you hear that folks? CBG is just fine with prosecuting you if your subsitute doctor gives you a prescription. On the other hand he could care less if the State prosecuter defies the State AG, breaks the law and reveals your medical records to the world.
I smell a troll!
LOL! Amazing how pristine the criminal records of Church Ladies like CBG are when they're posting anonymously on the Internet.
You know as well as I do that the only element left to prove in this case is whether Rush informed the other practitioners who wrote scripts about the prior ones. Even if 2 of the 4 doctors shared records, that would still leave a big question to be answered: Did the other 2 know of the prior scripts? And this question presumes that these 4 are the only doctors that wrote him scripts during that time. Will you confirm that?
My beef with you is that Landmark poisoned the water with the SAO and screwed Rush out of any possible break he would receive from them. As someone with your background in government you know better than anyone the power the government can bring down on someone, guilty or innocent. Instead of using your friend as a PR gimmic, you would have served him much better to sit this one out.
oops - CONVICT US ALL!!!!!
Somehow I knew you would show up on the mention of illegal drugs.
You've been having trouble with comprehension all day. Is it just the weather or are you always this challenged?
The only one's accusing the SAO of breaking the law are those with a vested financial or career interest in seeing that result. I'm not going to make any money off the state or the defendant. And you, well, lol, you are a challenge regardless of what side you end up defending.
Liberal pot smoking troll.
Mark may be wrong, but at least he can read.
This should be good. Tell us how the SAO broke the law?
This should be good. Tell us how the SAO broke the law? Oh, and don't forget, just like you asked me, provide specifics and citations.
Is that the new defense? They all do it? Sounds soooooooooo Clintonesq.
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