** Judge refuses to restrict number of investigators to Limbaugh medical records **

Palm Beech Herald ^ | July 5, 2005 | Michele Dargan

[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."

[BigSkyFreeper]

Well, there you go, but then again, I think she should have been charged with murder, but that's just me. The two people who died in her home were theoretically under her care.

[BigSkyFreeper]

"POSSIBLY" doesn't cut it, without evidence, you're shooting in the dark.

[RS]

"I think she should have been charged with murder, but that's just me. "

At least you don't seem to be of the mindset of many here who must think that's it's just fine these people died, as they were just taking medicine, and it's nobodies business what they take or where they got it.