Posted on 07/06/2005 3:08:48 PM PDT by Libloather
Judge gives Limbaugh medical records to investigators
By JILL BARTON
Associated Press Writer
July 06, 2005 5:42PM
A judge Wednesday gave some of Rush Limbaugh's medical records to prosecutors, allowing their long-stalled investigation into whether the conservative commentator illegally purchased painkillers to move forward.
Circuit Court Judge Thomas Barkdull III also returned some of Limbaugh's records to his attorney, Roy Black.
Black had argued that the judge should limit the records prosecutors can review because they contain privileged, even embarrassing, details about medical procedures, symptoms and other issues that were unrelated to the criminal investigation.
After a hearing on Wednesday, Black said he believed the records given to the Palm Beach County State Attorney's Office would not support a criminal charge against his client. Limbaugh has maintained his innocence throughout the investigation, which became public in November 2003 after investigators used search warrants to seize his medical records.
"The records show that Mr. Limbaugh received legitimate medical treatment for legitimate medical reasons," Black said in a statement.
Prosecutors have said that the records will prove that Limbaugh engaged in "doctor shopping," or illegally deceiving multiple doctors to receive overlapping prescriptions.
"The review of those records now goes forward in earnest, despite the many efforts to derail the investigation over the past 19 months," the state attorney's office said Wednesday in a statement.
The records have remained sealed since investigators seized them in 2003 because Limbaugh appealed, arguing that the seizure violated his privacy rights.
He lost at the Circuit and appellate court levels, and the Florida Supreme Court declined to hear the case. But his appeals successfully put off the investigation for more than 19 months.
Prosecutors seized the medical records after learning that Limbaugh received about 2,000 painkillers from four doctors in six months at a Palm Beach pharmacy near his oceanfront mansion.
On Wednesday, Black said only 1,863 of the pills Limbaugh received were painkillers, and they were to be taken over a period of 217 days, which equals a lawful dose averaging out to just more than 8 pills a day.
Limbaugh has accused Palm Beach County State Attorney Barry Krischer, a Democrat, of a "fishing expedition" that's politically motivated. Limbaugh acknowledged an addiction to pain medication, attributing it to severe back pain, and took a five-week leave from his afternoon radio show to enter a rehabilitation program in October 2003.
The state attorney's office declined further comment and gave no indication how long the investigation would take.
Your freedom just took a MAJOR hit!
We are only as free, as they let us be!
These guys give a much different spin than Newsmax, which made it sound as if most of the records can not be used against Rush. And isn't there some kind of statute of limitations for how long you have to bring charges in a case like this?
"These guys give a much different spin than Newsmax"
Yeah, I noticed that too.
http://www.newsmax.com/archives/ic/2005/7/6/164515.shtml
>>>And isn't there some kind of statute of limitations for how long you have to bring charges in a case like this?
I would imagine there is, but I would also assume that the statute would also prevent the potential criminal from using the slow deliberation of the court system to litigate their way out of this or any other charge.
Perhaps I may be stupid. Oxycontin IS a legal drug correct? Rush PAID for said drugs correct? Rush got addicted and completed a rehab on his own dime right? Why is this a crime???
Because the duly elected legislature of the State of Florida made it a crime. There are social reasons for it, too.
Why do you oppose the Florida legislature's ability to create law?
It's a "crime" because he is a conservative talk show host. Do you really think this would be an issue if it were Al Frankin?
>>>Oxycontin IS a legal drug correct?
It is legal, but its use is restricted.
In the United States of America, the Controlled Substances Act defines Schedule II drugs as having:
high potential for abuse
some (but often marginal) recognized medical use
high incidence of physical or psychological dependence
These are available only by prescription, and distribution is carefully controlled and monitored by the Drug Enforcement Administration.
The prescriptions themselves are also subject to special requirements of codified federal law or administrative regulations:
Prescriptions cannot be given over the phone; they must be given during a patient's actual visit to a physician. (A special procedure is provided for dispensing small quantities in medical emergencies, with its own set of reporting requirements consistent with the normal Schedule II process.)
Computer-printed prescriptions cannot be used for Schedule II medications. Prescriptions must either be handwritten or typed, and must be signed by the physician.
Prescriptions must be presented for filling within 72 hours of issuance. If a prescription is filled by mail, as many health insurance plans now encourage or require, the envelope must be postmarked within the allowed time.
Prescriptions for Schedule II medications cannot be refilled
Thanks for the info. Nice to know the Federal government cares so much about our welfare. Next thing you know abortions will be illegal right? Riiiiiiight.
I don't understand why Rush doeasn't pack up and leave that rotten place. Most judges in Floriduh are commies.
I have given up on fighting government laws, no matter how silly they are. I chose instead to follow the ones I deem important and ignore the rest. I am much happier now. ;-)
No state income tax.
I cannot determine whether your position is conservative or not because it is incoherent. I have determined that you don't approve of the Florida legislature's ability to create law. You also don't seem to approve of Federal regulations, either.
What did you think of Lawrence v Texas? Did you disapprove of the Texas legislature from making a law outlawing homosexual conduct? Did you disapprove of the SCOTUS from striking down that law? Given the principles you've shown on this thread, you would have disapproved of both, at that is incoherent.
Well he should move to Texas then. No state income tax here either.
Waterfront home, no state income tax, government can't seize your home in a bankruptcy, tropical paradise, etc. He's got the money and the balls to fight this and if he loses, he has the nationwide voice to bury the people that are after him. Should be fun to watch.
Maybe I should move to Texas.Would you guys welcome a guy from New Jersey?
Why do you oppose the Florida legislature's ability to create law?
Dennis Kucinich, a duly elected Democrat congressthing representing the people of the State of Ohio, introduced a bill (H.R. 2977) to ban mind control weapons in outer space.
At one time, the duly elected Democrats in the legislature of the State of Florida must have thought that buying and selling human beings was an appropriate thing to do, because they passed laws allowing it.
I oppose the duly elected Florida legislature doing this for much the same reasons.
Because it's A.) dumb and B.) ineffective.
The Maha has been talking about the Supremes for the past few days now. His case should end up there. Could he be possibly trying to influence the makeup of the court by chatting about it with the rest of the country on his radio show? (Holy smokes - this could be hugh...)
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