Posted on 01/31/2004 5:27:36 AM PST by randita
State attorney rips Bar over ethics flap
By John Pacenti, Palm Beach Post Staff Writer Saturday, January 31, 2004
WEST PALM BEACH -- One day after taking on the Florida attorney general, State Attorney Barry Krischer blasted the Florida Bar on Friday for questioning his office's integrity.
Krischer's ire was raised because of letters sent by the Bar and the attorney general's office regarding Krischer's release of plea negotiations in the Rush Limbaugh prescription drug fraud case.
Attorney General Charlie Crist and Florida Bar President Miles McGrane III said this week Krischer's office misrepresented advice given to it. The letters released included negotiations between Limbaugh attorney Roy Black and prosecutors to try to resolve the probe.
Black has called for an investigation of Krischer's office. Limbaugh has yet to be charged with any crime.
But Krischer, whose office has steadfastly defended its fairness in treating the conservative commentator, has responded aggressively to the two most powerful legal offices in the state.
On Thursday, Krischer, a Democrat, accused the attorney general's office of playing politics. Crist is a Republican.
On Friday, Krischer criticized the Bar for sending a letter to Black explaining that an ethics lawyer in its office did not advise Krischer to release the documents.
"I can only speculate as to what caused you to generate such a letter on Mr. Black's behalf," Krischer wrote. "More incredible is the fact that you questioned the integrity of an elected State Attorney."
Krischer added that the Florida Bar, which represents all statelawyers, including prosecutors, had injected itself into ongoing litigation.
"We have met our legal obligation, while simultaneously meeting our ethical obligations," he wrote.
At issue is a memo Krischer released Jan. 23, along with letters discussing plea negotiations, as part of a public records request from a conservative legal foundationand the media. A chief assistant with Krischer's office said in the memo the attorney general's office and the Florida Bar advised it that it was legal and ethical to release the letters.
McGrane said if you compare the Bar's record of Krischer's conversation with the ethics lawyer, the memo does not match up.
McGrane said Limbaugh's attorneys did not contact the Bar.
"Of course, the Florida Bar is not involved with any aspect of this litigation," McGrane said Friday. "We just felt it was important for the Bar to clear up what was misrepresentations made by the state attorney's office regarding the advice we had given him."
The mid-December plea negotiations involved Limbaugh's asking for a pretrial intervention program without having to plead guilty. Krischer countered by saying Limbaugh could get probation if he would plead guilty to third-degree "doctor shopping," defined as when a patient dupes two or more doctors into prescribing overlapping medications.
Records obtained from a pharmacy near Limbaugh's Palm Beach mansion show he received more than 2,000 pain pills from four doctors in a five-month period. His former maid has told prosecutors she provided Limbaugh with thousands of illegal pain pills.
Meanwhile, the 4th District Court of Appeal will decide whether prosecutors can look at Limbaugh's seized medical records.
On Thursday, Krischer said he had expected Crist's office to file the state's response to Limbaugh's appeal of a decision to unseal the medical records. Crist's office pulled out of the appeal one hour before a Jan. 12 deadline imposed by the appeals court.
Krischer's office, which was able to write the legal brief in time, said Crist's office wanted to put prosecutors in a position to not respond to the appeal.
Crist's office Thursday called that "ridiculous," saying it does not represent state attorneys on civil matters.
"It was news to us they don't represent us on those types of hearings," said Krischer spokesman Mike Edmondson.
Friday, Crist's office clarified its position, saying it can represent prosecutors on civil matters, it's unusual and Crist's office has never done it.
Crist's spokeswoman, Joanne Carrin, also said the office did provide some counsel on the appeal but "we did that upon their request and they filed their appeal."
john_pacenti@pbpost.com Find this article at: http://www.palmbeachpost.com/localnews/content/auto/epaper/editions/saturday/local_news_04b1426064cc113400a0.html
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RE: politics.....if you live by the sword, you MAY die by the sword.
Do you have more integrity if your elected?
Records obtained from a pharmacy near Limbaugh's Palm Beach mansion show he received more than 2,000 pain pills from four doctors in a five-month period. His former maid has told prosecutors she provided Limbaugh with thousands of illegal pain pills."
Now, admitted that this doesn't look so great on Krischer, I still think he's vulnerable on the doctor shopping as here defined.
for supplying the drugs [pills] to Limbaugh?
"Pride cometh before a fall"???
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