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.

[ConservativeMan55]

God Bless Bump!

[RS]

Thanks for the headsup _Jim...


"Limbaugh's pill use not extraordinary, lawyer says"

This is almost too simple....

Hey Rush ! - Instead of having your Kennedy Lawyer talking medicine - Why not just have your DOCTORS write a note...

Dear Democrap Prosecutors,
We, the undersigned, are Rush's doctors who gave Rush the prescriptions in the pharmacy records listed in the Application for the Search Warrents. We all knew about each other, and Rush kept us fully informed as to what each other had prescribed. We have all agreed that the medicines he bought and used were within our orders as his doctors.
Should you have any other questions regarding these prescriptions feel free to call us, Rush has requested that we "fully cooperate" to bring this matter to a swift conclusion.
Signed & notarized...

[ClintonBeGone]

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.

I think this all can be layed at the feet of Landmark Legal Foundation. They were too cute by half, messed with the tiger and got bit - or I should say let a good guy like Rush get bit.

[Orange1998]

Sorry to hear your pain is forever. Hope you get well soon. Your right thought on your point.

[ClintonBeGone]

He obviously is instructing his lawyer to argue his innocence in the "political arena" of "I am no different than anyone else" versus the "constitutional arena" of medical consumption is an individual right.

He's not making the constitutional arguement because it's kooky and not subscribed to by normal folks, some who may actually end up on his jury. Is there nothing you pro-druggies won't stop at to get your weird agenda in the headlines?

[_Jim]

This is almost too simple....

Hey Rush ! - Instead of having your Kennedy Lawyer talking medicine - Why not just have your DOCTORS write a note...

THAT'S more like it sand-bagger!

For awhile there I thouight 'the truth' was going to stand pristine and 'unopposed'!

LOL!

[ClintonBeGone]

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.

I take 4 vitamins a day myself. It's not hard to imagine 8.

[fly_so_free]

Hmmmm, since they have decided to go after Rush, I wonder where they're going to find room to put all the seniors guilty of the same "crime". I guess they can open up Rest Home prisons for them?

Rush needs to get out of that corruption riddled state ASAP. Their judicial system is a nightmare. If I were him, I'd be like Road-Runner with a cloud of dust behind me heading out of there. (I'm not making excuses for his drug use, -that is his fault.) But the system is a joke. Go look at any of the Terri Schiavo threads for evidence of this-not to mention 2000 election, Elian Gonzales, on and on .... the place is rotten.

[jimbo123]

This judge has now made it okay for all plea negotiations in Florida to be made public via Freedom of Information requests. I'm sure the trial lawyers in Florida are thrilled. I think this Clinton judge needs ALL of the settlement negotiations for cases on his docket opened up via FOI requests.

[OldFriend]

No comments at all about the pills obtained from the maid.

My guess is that since she sold her story to the National Inquirer her testimony is of no use. However, the affadavits on Smoking Gun paint an ugly picture of Rush's addiction and I hope he continues to get the help he needs and does submit to random drug testing.

[jimbo123]

All Florida plea negotiations are now available via their Open Records law according to this Clinton judge. Time to start filing FOI requests and see what we turn up on this judge's other settlement talks.

[international american]

Good idea!

[shootergrassyknoll]

Do you buy them in a brown paper bag at the local Wal-Mart parking lot!

[RS]

"For awhile there I thouight 'the truth' was going to stand pristine and 'unopposed'! "

Truth ? did I miss something ?...
I thought that was Rush's lawyer Roy ( plea negotiations ? what plea negotiations? ) Black talking.

[ican'tbelieveit]

Well, I don't think I have had any of my prescriptions filled at a Walmart. They are usually not close enough for me to use.

Do you usually buy your prescrips there or know people who do? I figured a prescrip filled a wally world would come in one of their blue bags, anyway.

[_Jim]

Truth ? did I miss something ?...
I thought that was Rush's lawyer Roy ( plea negotiations ? what plea negotiations? ) Black talking.

Ahhh ... you funny man you!

ALWAYS kidding around ...

[RS]

Seriously,
Why do you think that Limbaugh has not had his doctors issue a statement that it was all Ohkeydohkey by them ?

At the least it would seem that the investigators would have to cough up more of the evidence they say they have...

[shootergrassyknoll]

That includes there election process!

[Born Conservative]

[PA Engineer]

You are correct. According to a couple of relatives (MDs), this is on the high side of normal consumption, but understandable considering the spinal problems Rush had. This is nothing more than a witch hunt.