Posted on 02/14/2005 1:34:15 PM PST by rface
I think we're talking about two different things. The issue at hand is whether the medical records (evidence) can be legally obtained by the prosecution without violating Limbaugh's rights.
Of course the defense gets to see whatever the prosecution has discovered. Did you think that anyone disputed that? In fact, I don't think that anyone is even discussing that. What does "he can even do his own forensic tests" part have to do with anything that is being discussed? Are you just throwing out random factoids?
The whole point is whether the prosecution gets to seize Limbaugh's medical records. They don't have them yet (even though they had for a day) and they may not ever get them.
Wow. I didn't know that. That makes this whole think a little more suspicious on Rush's part. Almost like Rush saying, just write the damn prescription. I'll clean up any messes.
Well, there is that little thing called the Second Amendment...I don't recall a similar proscription against governmental interference with drugs.
Jeff, why dont you reread the part of your statement that I quoted you in the last message. Unless there's another person typing at your computer, YOU were the one discussion Rush's right to obtain evidence.
No I wasn't. Please post where I wrote that. I said that the prosecution may have violated Limbaugh's rights when they obtained the evidence.
Great work!
Thanks for all the Links and the profile page.
A HUGE difference!
You're welcome, Ernest.
"Wow. I didn't know that. That makes this whole think a little more suspicious on Rush's part."
Yep -
"One of the doctors who prescribed the powerful and addictive painkiller OxyContin to Schlosman was Dr. Lawrence Deziel, according to court records.
Deziel also prescribed Limbaugh hundreds of painkillers, including OxyContin and Norco, a combination of acetaminophen (Tylenol) and hydrocodone, according to a Nov. 25 search warrant."
http://www.palmbeachpost.com/localnews/content/news/limbaugh/010304_limbaugh.html
Would the good Dr. Deziel have kept supplying Limbaugh had he known Rush considered himself addicted and twice tried to kick the habit after his last run-in with doctor-shopping ?
Here's one last link for you:
http://www.whiskeycreekpress.com/chapters/ElectiveDecisions_ChrisDavis.shtml
I thought it was vicodin, I am wondering if Vioxx is a controlled substance.
"No I wasn't. Please post where I wrote that. I said that the prosecution may have violated Limbaugh's rights when they obtained the evidence."
Jeff, this is what you said:
"You have it backwards - the issue is whether the prosecution violated Limbaugh's rights to OBTAIN the evidence. "
What you just wrote makes more sense. Now I understand what you meant. There is a big difference between violating Rush's rights 'to obtain the evidence' and 'when they obtained the evidence.'
It was prescription but is not a narcotic like Vicodin. They gave him the Vioxx in rehab. Vioxx is a cox enzyme inhibter whatever that means. I took a similar drug, Celebrex and it worked great. That is until I got a bleeding ulcer.
(4) Patient records are confidential and must not be disclosed without the consent of the person to whom they pertain, but appropriate disclosure may be made without such consent to:
(d) In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice by the party seeking such records to the patient or his or her legal representative.
The DA used a search warrant rather than a subpoena. So far, two courts have ruled against Rush's contention, that is: by failing to obtain a subpoena, the State violated the law.
IMO, Rush will take this to federal court if SCOFLA gives an unfavorable ruling.
Sooooooo, without the IInd, the federal government would have authorization to ban guns? Think. Carefully.
Jiminey cricket, you are a LAWYER???
And you don't know that the Constitution AUTHORIZES government power, and that anything not AUTHORIZED is an illegitimate function of the government????
Yow. THey give out law degrees in Cracker Jack boxes now.
Nah, Florida prosecutors were Don Alfonso's friends back in the day. he did have that huge villa on Palm Island and all.
On a certain St Valentine's Day, one of the DA's in South Florida was having lunch with Capone in a Miami restaurant...thereby giving him an alibi for what was happening that very miute in a garage up in Chicago, hehehe.
The point is, medical records are inviolable, PERIOD. No matter who's they are and for whatever reason the DA or anyone else wants them.
No one has the right to snoop in anyone's medical records for any reason, whether they're Rush's medical records or Osama bin laden's.
The doctor/patient thing is as sacred as the pastor/penitent exclusion. How would you like something you confessed to your priest or pastor to come back to haunt you in a criminal procedure?
This is a slippery slope, but I expect you people here who always plant your lips on the LEO and JBT collective hineys to not get it.
They did.
The flavor is Howard Deanade.............
Not only a criminal, but an alien as well.
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