Limbaugh's pill use not extraordinary, lawyer says

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.

The Intrepid NY Prosecutors go after that MENACE TO SOCIETY, Martha Stewart. Wonder what IMPORTANT cases Barry "Lumbergh" Krischner is passing up this week? :-)

Although I'm not sure of the details behind what Martha Stewart did, I do seem to recall that she deleted files and doctored records after-the-fact to make it appear that she had intended to sell her Imclone shares.

If so, she was greedily trying to defraud fellow investors by using a tip that, as a former stockbroker herself, she certainly knew was illegal.

I view her "crime" as committed against other investors (the market) while I view Limbaugh as simply having a relationship with his doctors regarding his own treatment, something that should (and usually is) by law confidential.

Good summary of the issues. My brief is with the prosecutors in both cases, however. I'm on the warpath against political and revenue-enhancement "crimes". I'm pretty sure that the Founding Fathers didn't intend for the legal dogs of war to have an unlimited budget (bilked from the taxpayers) to go after every target of opportunity, for cash, prizes & fame.

As a matter of fact, I seem to recall that the colonials were known for keeping their judicial types on a real short cash leash.

"Lumbergh" Krischner should be audited, and his priority list should be compared with a local crime list (are you listening out in EIB land?).

...I view Limbaugh as simply having a relationship with his doctors regarding his own treatment, something that should (and usually is) by law confidential.

As the Democrats showed during the impeachment wars, it's "Politics, Politics - über alles", and we're seeing it clearly here in the Limbaugh matter.

"As the Democrats showed during the impeachment wars, it's "Politics, Politics - über alles", and we're seeing it clearly here in the Limbaugh matter."

If that National Enquire story had never appeared where the maid accused Limbaugh of being part of a drug ring, I am rather certain that you would feel much different (more sympathetic) about Limbaugh's situation.

As it turned out, that Enquire piece was used to soften up the public, turning many against Limbaught and causing them to call him hypocrite for supposedly looking like a criminal.

There is apparently nothing to the maid's allegations, or THIS prosecutor would have gone after Limbaugh with all four feet.

Think about it. If out of the blue, you heard a story about prosecutors across this land suddenly raiding doctor offices in search of medical records for everyone suspected of being addicted, I am certain that YOU would be having a full-blown coniption, and rightly so.

Invasion of private medical records in the absence of probably cause is a total invasion of privacy, and if I'm not mistaken, against the privacy clause in the US Constitution.

A LOT of Us who are "Pretty Good" @ taking care of ill Patients are "Packing IT In."

There is Simply NO REWARD (even Patient Adulation) worth the Risk (Malpractise) or the Potential "Benefits" worth the Humiliation & Damage of a Liability Suit.

NO ONE (Physician or Client) "Escapes From" a "Liability Lawsuit" without Tremendous Personal ( PRofessional & Psychological) Permadent Damage!!

NO Physician EVER ESCAPES a "Liability Suit" WITHOUT PERMANENT Psychological Damage!!

Doc

People would be surprised at who owns their favorite restaurants. As well there were always some who bent over and accepted salaried positions at hospitals. The level of treatment is insulting yet one must take cost into consideration.

Scripts I totally disagree with, the simple idea that patients feel Canada can offer them more with generics is no different than arguing their care is equivalent. Someone's pill is going to be off by enough to create immutable affects.

People didn't spend the time necessary, give up the nights/weekends, and live in a world of infirmity and death to earn the right to treat ill patients for the monetary rewards. There are obvious sentiments behind this and a hate for everything but better life. To bitch and whine about "opportunity benefits of liability" and/or "total care benefits" does nothing more but in the end enhance an abrogating purpose.

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