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** Judge refuses to restrict number of investigators to Limbaugh medical records **
Palm Beech Herald ^ | July 5, 2005 | Michele Dargan

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."


TOPICS: News/Current Events; US: Florida
KEYWORDS: limbaugh; medicalrecords; privacy; ratsht; rs; wodlist
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this is soooo "F--ed" up!

These a-holes have pulled out all the stops. There is no law that will protect Rush from this total abuse of power.....

I don't know if this deserves to be in "Breaking News" ---- but I sure as hell see this as something Big.

The good news is that Rush has been through worse --- and he will get through this......God help him.....again

1 posted on 07/05/2005 6:47:45 PM PDT by rface
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To: rface

I really, really hope the Rush makes them pay through the nose fighting this BS. And then I hope he sues their pants off.


2 posted on 07/05/2005 6:51:36 PM PDT by vpintheak (Liberal = The antithesis of Freedom and Patriotism)
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To: rface

Every aspect of these 'private papers' will instantly make their way into print.

The goobers with the MSM that couldn't find a single clue regarding Clinton, witness intimidation and tampering with a witness, will now sick the hounds of hell on this.

My additional thoughts are unprintable.


3 posted on 07/05/2005 6:52:30 PM PDT by DoughtyOne (US socialist liberalism would be dead without the help of politicians who claim to be conservative.)
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To: rface

If the records mysteriously end up in the public domain, but they show no guilt, then I suspect some of the participants in this episode will soon find themselves breaking rocks for a living.


4 posted on 07/05/2005 6:53:57 PM PDT by Brilliant
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To: rface

With an attorney like Roy Black, Rush doesn't need enemies.


5 posted on 07/05/2005 6:58:25 PM PDT by OldFriend (AMERICAN WARS SET MEN FREE)
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To: rface
Nothing new here. Judges in Florida. Hell, the law doesn't mean anything. Doing what they did was illegal by Florida law, but since when will liberal jacka@@ obey the law. Lets all support Rush. If any convection will come, this will be time for President Bush to pardon Rush. If the President looses him, he will loose big time.
6 posted on 07/05/2005 7:00:01 PM PDT by Logical me (Oh, well!!!)
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To: rface

Tomorrow's headline - "Howard Dean flies to Florida to be deputized."


7 posted on 07/05/2005 7:01:30 PM PDT by aimhigh
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To: OldFriend

Roy Black is an excellent attorney, although liberal. However, Rush obviously has full faith in his abilities as a lawyer to have hired him. Rush could have hired anyone, and chose Black. If Rush has faith in him, so do I.


8 posted on 07/05/2005 7:04:01 PM PDT by flaglady47
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To: rface
There is no law that will protect Rush from this total abuse of power

And, all of us! Rush is high profile and the libs hate him, so they will eliminate any and all protections to get him. If they get away with it, that will trickle down to us little peeples. We are almost completely out of rights in the USA.

9 posted on 07/05/2005 7:05:05 PM PDT by technomage
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To: DoughtyOne

all my thoughts on this matter are unprintable.


10 posted on 07/05/2005 7:08:07 PM PDT by postaldave (dont ask me, i'm just a simple post birth, tissue mass.)
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To: rface
Grab the shovels... It's time to resurrect the "the Best". .....;^)


11 posted on 07/05/2005 7:15:27 PM PDT by austinmark (Torture? Koran abuse? ... I'd Rather Be A Koran In Gitmo THAN A Bible in Saudi Arabia !!!)
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To: Brilliant

convicted by who? the AG for the state of Florida? the entire state judicial system seems to be a cesspool.


12 posted on 07/05/2005 7:18:34 PM PDT by oceanview
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To: postaldave

You and me too, Dave. But I don't think we should be passive if something happens to Rush. This is way too important, and smacks of the kind of thing Mugabe does in Zimbabwe or Chavez in Venezuela. 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. They are going to try to take Rush off the air, at least for awhile, in the hopes of intimidating other voices of Conservatism. This can not be permitted.


13 posted on 07/05/2005 7:19:38 PM PDT by speedy
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To: oceanview

At a minimum, it should be easy to convict them in the court of public opinion.

And that produces dividends on election day.


14 posted on 07/05/2005 7:20:57 PM PDT by Brilliant
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To: speedy
They are going to try to take Rush off the air, at least for awhile, in the hopes of intimidating other voices of Conservatism. This can not be permitted.

yes indeed. What to do???

show up at the court huse like in the movie "Animal House" when the frat boys are on trial and yell "Blow Job" to the court????. Sure. I'm game!! ===== I'm not kidding.

15 posted on 07/05/2005 7:26:49 PM PDT by rface ("...the most schizoid freeper I've ever seen" - New Bloomfield, Missouri)
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To: Wolfie

ping say goodbye to one ofthe last rights we had left under thewod medical privacy now its official the WOsD has eliminated the last of the bill of rights


16 posted on 07/05/2005 7:29:09 PM PDT by freepatriot32 (www.lp.org)
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To: Abram; Alexander Rubin; AlexandriaDuke; Annie03; Baby Bear; bassmaner; Bernard; BJClinton; ...
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
17 posted on 07/05/2005 7:30:36 PM PDT by freepatriot32 (www.lp.org)
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To: rface
OMG, say it ain't true! Limbo was doctor shopping? Why that's as bad as stealing classified documents from the National Archives, ain't it? Or at least as bad as being accused of rape by Juanita? Or maybe just as bad as leaving a girl underwater near a certain Chappiquiddick bridge? Or as bad as running a boys ring from your residence in DC?

Only in America, with all of the politicos and deviates and lawyers, could this be happening?

18 posted on 07/05/2005 7:32:35 PM PDT by eeriegeno
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To: rface

Interesting. The very laws about this, Hipaa, clearly state that absolutely the minimum neccessary should have access. This is in clear violation of federal laws. Perhaps Rush can file suit in federal court.


19 posted on 07/05/2005 7:35:10 PM PDT by phalynx
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To: rface

Rush should rethink living in Florida. The courts there are just so out of control.


20 posted on 07/05/2005 7:36:38 PM PDT by ladyinred
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