Posted on 07/05/2005 6:47:45 PM PDT by rface
Circuit Judge Thomas Barkdull III ruled Tuesday that he will not restrict the number of investigators who will see the released portions of Rush Limbaugh's medical records.
Investigators may have access to those records in the next few days. In a Tuesday court hearing, Barkdull said he will complete his review of the records this week.
Investigators seized medical records from three of Limbaugh's Palm Beach County doctors and one Los Angeles doctor in late 2003.
Barkdull will decide which records fall within the scope of search warrants used to seize the records and will give those portions to prosecutors investigating allegations that the Palm Beach resident illegally stocked up on prescription painkillers from multiple doctors — a third-degree felony called "doctor shopping." The remaining records will be returned to Limbaugh attorney Roy Black.
Barkdull's previous ruling prevents prosecutors from releasing any information about Limbaugh's medical records to anyone not involved with the state's investigation. The ruling does not specify who from the state's investigation is entitled to see the records.
Black requested that access to any released files be limited to three investigators. But Barkdull denied the motion Tuesday in a written ruling.
Limbaugh, 54, has not been charged with a crime and has maintained his innocence. The radio talk show host has been fighting to keep his medical records private.
In court Tuesday, Black said he wants to restrict the number of people who will have access to the records in order to protect any sensitive medical information contained in Limbaugh's records.
Black said the State Attorney's Office and investigators have repeatedly leaked information to the media citing "sources close to the investigation" from many different news outlets.
"They have taken on a course of conduct to destroy him personally," Black said. "And this is a man who has a public image and they have taken joy in doing this."
Barkdull asked Assistant State Attorney James Martz who would be involved in looking at the records.
Martz said that listing the people who may be involved in the investigation would hinder the entire process. He said he doesn't want "to arm the target of the investigation" with information while it is ongoing.
"It creates a huge, huge issue both going forward in the criminal investigation and in adding infringements on law enforcement's ability to work surreptitiously, quickly and expeditiously in a fashion they deem appropriate with their knowledge and expertise in investigating criminal law," Martz said.
After the hearing, Black said that Limbaugh "feels horrible" about having any of his medical records turned over to investigators.
"Nobody wants their intimate medical problems broadcast to the state," Black said. "It's the ultimate invasion of privacy."
when we will the people rise up and demand their constitutional rights and return our socialist crap hole back to were it came from? back when that little piece of paper stoud for something.
America is great because of our freedoms and rights, when those are gone nothing but a euro trash wasteland will be left.
Now our medical records are no longer private. Your house can be now be turned over to any developer or someone paying higher city taxes. The first one to broadcast any of Rush's medical records needs to be hounded into resigning their job.
Thanks for the post. Always glad to have the opportunity to publicly express my gratitude to Rush for fighting for us on so many fronts. He is spending a fortune to fight against this abuse of judicial power and whatever the outcome, we all benefit from the attention this case is getting. Prayers for Rush to strengthen him and encourage him to keep the faith.
I'm game for some street theater too, rface. They start going ahead with the bogus threat to Rush, and it just might be time for a little direct action.
How about a bonfire? If the building that houses the records accidentally burns up, well that might limit how many people get to see those records after all?
Bonfires are good, princess. It shows a college spirit and all that. Good, we're getting some creative ideas now. Maybe we should start a Justice For Rush conclave to come up with more of these ideas.
It won't happen speedy. Rush won't let it happen. Reason? I have been listening to Rush from Pittsburgh (different name then) to now. I still find a burning desire to be the best in this man. Weather he was a DJ or a talk show host, he has always strived to be the best at what he does. I still see that burning desire to inform, teach, and yes, entertain.
Rush has put himself in a position to fight off the evil stench of his attackers.
I sure hope you're right, AGP. I'm not so much concerned about Rush as about the ruthlessness of his enemies. If they dredge up a phony indictment, it's out of Rush's hands. I mean, he can fight it, but imagine how draining and distracting it would be. Still, let's hope for the best, and hope somewhere this idiotic case runs into one of those rare sensible judges.
"This is a blatant attempt by liberal Democrats to criminalize a personal medical issue, and you can bet that is what is going to happen."
Not sure what you are getting at... are you saying that Doctor-shopping is not ( or should not be ) a crime as long as you take the drugs yourself ?
I've thought that too. I hope he leaves once this is over. I don't know how he could stay.
I think of Suzanne Pfeil, a paraplegic patient suffering from postpolio syndrome, who was handcuffed to her bed when the DEA carried out a medical marijuana raid in Santa Cruz, and it makes it real difficult to work up any sympathy for El Rushbo.
He may be an excellent criminal defense lawyer but the perception among ordinary people doesn't match his supposed qualifications.
"He may be an excellent criminal defense lawyer but the perception among ordinary people doesn't match his supposed qualifications."
Tell that to Rush.
The syncophants want to look past Rush's transgressions, because he's "El Rushbo:...
He broke the law, and now is fighting like Michael Jackson to keep out of trouble. He knew what he was doing was illegal. The sycophants will excuse/defend Rushbo, but will damn Suzie and friends!
Double standard bump. Rush is probably guilty of drug abuse, but that's OK. He had to be able to play golf! According to these same "concerned conservatives" (syncophants), Suzanne can just lie in her bed and writhe...
Maybe he takes Viagra .... the left would leak this out in an attempt to humiliate him.
Maybe he's seen a psychiatrist --- he's had times in his life when he's been under extreem pressure...The left would love to leak something like that.
Maybe his deafness is a result of his abuse of the painkillers, and not the result of an auto-immune problem like Rush has claimed in the past..... the left would love to leak that tid-bit.
Huh? He has? Didn't he say he got addicted? Has he said he didn't doctor-shop? Does this actually mean anything, or is it made up?
Dan
No one in Florida has ever gone to trial for the alleged crime of doctor shopping. This whole thing seems made up to me.
Amen.
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