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.

[Cubs Fan]

They concluded the state public records law required releasing the plea dealings, even though doing so violates ethical rules for lawyers.

Black and other prominent South Florida attorneys said they couldn't recall another case of plea negotiations released to the public.

So its never been done before, but somehow this time it was proper to do so?

No way

[RS]

"So its never been done before, but somehow this time it was proper to do so? "

Did anyone ever ask for EVERTHING going back 3 years before ?

http://www.landmarklegal.org/latest_developments.cfm?webpage_id=564

I wonder how many of the requestors (?) threatened a lawsuit 2 days later on the assumption that something was going to be held back ?

http://www.landmarklegal.org/latest_developments.cfm?webpage_id=567

The moral of the story seems to be -

Watch what you wish for... you might get it !

[BOBWADE]

I think they need to file a civil rights lawsuit for the unlawful release of the documents. Perhaps a multimillion dollar lawsuit from Black and Rush along with ethics complaints to the state bar association would bother them a little. Rush has enough money to keep it in courts and to dig up enough to make things really embarassing and uncomfortable for the turds in Palm Beach. After such a lawsuit, he could claim conflict on the part of the county if they choose to seek charges and ask it to be moved to a less liberal jurisdiction. Any thoughts on this as a strategy?

[Cubs Fan]

Any thoughts on this as a strategy?

I like it, He lurks now and again here, I hope he says your post and does it.

[Enterprise]

I am sorry about your misfortune. And I agree, what is the big deal here?

[Enterprise]

I don't see where the doctor shopping comes in, if what he has taken is apparently well within the medical limits needed to control pain. We shall see.

[Cubs Fan]

---The moral of the story seems to be - Watch what you wish for... you might get it !---

Don't be ridiculous they of course did not ask for documents they themselves sent (which are specifically marked maintain confidentiality) and documents they already have (the plea offers) to be sent to newspapers. (which are not supposed to be made public)

White wash it all you want. Its a clear violation of ethics on the SA's part.

[punster]

The common dosage for some of the pain medications, vicodin (hydrocodone), percodan (oxycodone), etc., is one or two pills every four hours. With long term medication for chronic, intractable, pain the dose could run as high as 12 pills per day. Certainly, the average of 8.5 pills per day is not out of line with that estimate.

Non-narcotic agents are not as effective for treating chronic pain. On problem is they reach saturation (maximum analgesic effect) before the pain is controlled. Another problem is toxic effects are observed at higher doses. Tylenol does not have much margin of safety befor liver damage occurs. NSAID's will damage the digestive tract at higher doses.

[BOBWADE]

Black was just on Hannity and Colmes and said it was one of several leaks that were merely trying to damages Rush's image. I imagine the stories will stop now that Things facts are coming out. Wasn't there a story a couple weeks ago about a Florida state Senator that was addicted to prescription meds.The story stated that was actually caught forging her own prescriptions but was given a pass on charges since she went to rehab. Seems too be a double standard in Florida if that is true.

[Bronco_Buster_FweetHyagh]

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

accused of ingesting means that this is all the pills that Rush's defense team will acknowledge (not admit to). This does not remotely account for the accusations and allegations of the maid he was allegedly buying from, etc. So what we have here is a classic legal defense - stay silent for weeks and weeks and weeks until you have all the information known by your accusers, then only acknowledge the amount your accused of, and ignore all other allegations.

Ala Martha Stewart, etc. Makes me sick.

[Enterprise]

Yes. Black talked about that. It doesn't surprise me that she was given a pass while the Inquisitor's office comes full tilt after Rush. Buncha B..tards!

[ican'tbelieveit]

Been there on the NSAIDs was taking 2400mg of Ibuprofen after the initial injury. I got to where I couldn't eat because of what it was doing to my stomach and digestion.

[ican'tbelieveit]

I am amused by those who think that the # of pills that were prescribed suggests he was buying them at a Walmart in brown paper bags.

[RS]

"Don't be ridiculous they of course did not ask for documents they themselves sent (which are specifically marked maintain confidentiality) and documents they already have (the plea offers) to be sent to newspapers. (which are not supposed to be made public)"

Rush and Black didn't ask for anything to be released - Landmark Legal did it all on their own -

http://www.landmarklegal.org/latest_developments.cfm?webpage_id=564

... and threatened legal action 2 days later

http://www.landmarklegal.org/latest_developments.cfm?webpage_id=567

Marking it "Confidential" means nothing to the Florida Sunshine Laws.
http://myfloridalegal.com/sunshine

Citing laws against using it as evidence means nothing also...

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0893/SEC13.HTM&Title=-

http://www.jcrobbins.com/FlaRCrimP/FlaRCrimP-3.172.htm

Florida law REQUIRED their release to anyone who asked.

[unixfox]

If Limbaugh did not plead guilty, the state would release his confidential medical records.

That sounds like blackmail, but since the government is doing it then I guess it's OK.

Another thing that gets me about this, on one hand they say it was doctor shopping he was guilty of, on the other hand they say it was purchasing illegal drugs off the street.

Which is the LIE?

[Cubs Fan]

BTW here's some of the salient stuff I heard Black talk about on Hannity tonight--

Limbaugh has undergone several unsuccessful surgeries to fix his back pain because of a spinal problem (didn't catch the name for it), but none of the surgeries have worked, that's why he was put on meds.

Only surgical option left is to go through his throat to get at his spine. (for a guy who makes his living speaking a pretty scary procedure I imagine)

The Standard operating procedure for a court opening med records in the florida statute is having a hearing then a subpoena (neither of which happened). Not a warrant, which is what was used.

A democrat state senator (didn't hear the name) recently was caught forging their own prescriptions. Charges were dropped when drug treatment was sought.

David and Wilma Cline were given blanket immunity. David Cline has a prior conviction for trafficking cocaine

Black also mentioned Floridas "Intractable pain Statute" which can be seen here.

(other salient facts--)

only one other person has ever been charged with "doctor shopping" in Palm Beach county and the charges were later dropped

Its against the code of ethics to make plea negotiations public

The doctor shopping statute was intended to go after doctor shoppers who were hoarding meds with intent to distribute.

[Faith]

Bump for Rush!

Anyone who has ever had the misery of excruciating back pain understands that 8 pills a day is about one half of the amount you'd like to have.

[Cubs Fan]

---Florida law REQUIRED their release to anyone who asked.---

Even though its an ethics violation to do so? *BUZZ* not

Landmark didn't ask for confidential plea agreements to be sent to newspapers.

[joyce11111]

Do you know how to do that?
If so...do it and post the results here...

WOW wouldn't it be great to find the Judge up to no good??

[Cubs Fan]

Oops, for anyone who wanted to see Floridas "Intractable pain statute" here's the link

http://www.flsenate.gov/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0458/Sec326.HTM