Posted on 11/10/2005 5:09:14 PM PST by wagglebee
It has been more than two years since news first broke that Rush Limbaugh had an addiction to painkillers.
That news led to a criminal investigation of Limbaugh by Palm Beach County State Attorney Barry Krischer, who in December 2003 leaked to the media that his office had uncovered evidence of 10 felony counts, including "doctor shopping," money laundering and drug trafficking. Despite the sensational allegations, no charges have been brought.
Worse, in the latest round between the State Attorney's office and Limbaugh, Assistant State Attorney James Martz made a startling admission in open court on Tuesday as he sought a court order allowing his office to interview Rush's doctors.
Martz told Circuit Court Judge David Crow that his office has "no idea" if Limbaugh had even committed a crime, but still wanted the Florida judge to grant them the extraordinary privilege of interviewing Limbaugh's doctors without his consent.
Martz argued essentially that prosecutors were seeking a blank check to question Limbaugh's doctors and invade his privacy – all in search of a crime they admit they have no evidence was ever committed.
Martz insists he needs to put basic questions to Limbaugh's doctors. Despite two years of investigation – including an examination of Rush's private medical records – Martz told Judge Crow: "I have no idea if Mr. Limbaugh has completed the elements of any offense yet . . . unless we can ask several pertinent questions."
Earlier this year, Krischer's office won an 18-month legal battle to review Rush's medical records, arguing that these would prove whether he had committed a crime or not. Limbaugh lost at the circuit and appellate court levels, and the Florida Supreme Court declined to hear the case. The records were handed over in July.
Apparently, Limbaugh's medical records have not satisfied Krischer. A frustrated Roy Black, Limbaugh's attorney, said in response to the latest skirmish: "They cannot force Mr. Limbaugh to supply their evidence for them."
Black argued that confidentiality between a doctor and a patient is a privilege that even criminal investigators cannot penetrate. Judge Crow seemed to agree, telling Martz: "The statue says . .. categorically that the physician shall not discuss or cannot discuss the condition of a patient absent a written waiver. Period."
Since 2003, the state has been investigating allegations that Limbaugh illegally stocked up on prescription pain pills from several doctors, a third-degree felony called "doctor shopping."
Black has characterized the prosecutors' efforts as a "fishing expedition," and suggested that Limbaugh is being singled out because of his conservative political views.
Black said in an interview, when asked if Rush was being singled out: "Of all the millions of people addicted to painkillers, have you ever seen their doctors being subpoenaed? . . . They're trying to publicly embarrass him and ruin his radio program."
In fact, the Palm Beach Post, a paper with a strong anti-Limbaugh editorial bent, noted in March 2004 that doctor shopping has very rarely been prosecuted in this State Attorney's jurisdiction.
Black also made the point that it's almost unheard of for prosecutors to charge addicts with a crime after they go through rehabilitation.
Soon after publicly admitting his addiction, Limbaugh went public with his problem and entered an Arizona facility. He successfully completed the program and has been on the air broadcasting ever since.
Limbaugh also revealed that his addiction began after he underwent corrective back surgery and his doctor prescribed painkillers.
"Normally, people with drug dependencies who acknowledge their problems and seek treatment are lauded for their courage, not prosecuted," Black wrote in the Wall Street Journal.
"So am I wrong to wonder if something is out of whack when the Palm Beach County State Attorney pulls out all the stops in an effort to nail Rush?"
Black has revealed that initially Krischer planned on treating Limbaugh as his office treats similar cases and not prosecuting. But that abruptly changed when Limbaugh's stature brought publicity to the case and led to an organized e-mail campaign from Limbaugh detractors to Krischer demanding a political prosecution.
Krischer, a Democrat first elected to his post in 1992, had developed a reputation as being fair-minded.
But a careful examination of the facts suggests politics may be playing a larger role, and his prosecution is based on a flimsy case of doctor shopping.
Krischer's office has already leaked to the local press confidential details of Rush's medical records, including claims he obtained thousands of pills from several doctors.
But Black contends that information is nothing more than an effort to smear Limbaugh and that there has been no doctor shopping on Limbaugh's part.
"The prescription records that are in the search warrant affidavits should be put in perspective," he maintained in a statement issued in July.
"Of the 2,130 pills prescribed, only 1,863 were painkillers, and of those only 1,733 were for hydrocodone. These were to be taken over a period of 217 days, from the date of the first prescription until 30 days from the date of the last prescription.
"The dose averages out to a little over eight pills a day, which is not excessive and is in fact a lawful dose.
"Nine-two percent of the pain medication was prescribed by two doctors who were treating Mr. Limbaugh for back pain. They work in the same office from the same medical file, and there could be no doctor shopping between them . . .
"We continue to believe that Mr. Limbaugh is being pursued by overzealous prosecutors and that he should not be charged with any crime.
Can Limbaugh sue the DA for malicious prosecution?
The ingedients for a MP suit are:
1)The charge has to be filed and brought
2) Evidence has to be heard in court
3) Charge dismissed for lack of evidence, alibi,
mistaken identity, frivolousness, which shuould have been
reasonably apparent to the investigators, ignoring exculpatory evidence unreasonably etc.
4) damages need to be suffered by the defendant.
That is one reason Rush has not been charged, in a jury trial they would never stick and the prosecutor and /or
investigators involved ( including false witnesses) could be charged with Malicious Prosecution.
They have been pretty cute about not stepping over the line.
The GOP has had a golden opportunity since 1994 to change a lot of things in this country. They've blown it and continue to blow it. They should have rallied around Rush for all he's done to keep them afloat all these years. Now more than ever, the GOP needs to show some balls in many arenas....... including helping fight the RATS in this sadistic quest to destroy Rush. It won't happen. the Great Oz has spoken
If only Rush would come out swinging and admit that the War on Drugs was a horrendous mistake, citing his own case as an example of prosecutorial excess. He has to admit that he and Tommy Chong find themselves on the same side in this war.
The judge or judges that keep allowing the prosecutor to pursue this should be impeached or worse.
This is ridiculous.
I love it that the left sees Rush as a huge threat to their very existence, but it is time for a judge to put a stop to this. At what point does prosecution become persecution?
The left has been trying in vain to get rid of El Rushbo any way they can. They have tried to legislate the airwaves and will probably make an attempt to do so again in the near future. This prosecutor makes me physically ill. To think that he is allowed to get away with this kind of harassment is outrageous. Return Rush's medical records and forget about it.
Ping
Actually, I'm thinking the democrat's blatant and adoring regard for that old big time schmoozer and first degree reprobate, Bill Clinton, and his outlandish propensity for scandal and the selling of nuke technology to countries of highly dubious character, along with the fact that he couldn't find anything legal to justifiably grab that scumbag terrorist mastermind, bin laden, any republican prosecutor worth his law degree, could easily have found something as innocuous as Krischner is deliberately wasting hard earned tax dollars to find anything to pin on the democrats arch nemesis, Rush Limbaugh.
Heck, that sadist rape room torturer and human paper shredder feeder, Saddam gets better treatment and sympathy from the democrats. And, how about democrat compassion for the bloodthirsty headcutters and homicidal suicidal terrorists?
My gosh, you'd think the democrats have annointed themselves soulbros to satan's spawn, the way they carry on about rights, justice, and American honor, if we don't treat these subhuman terrorists with respect and concern for their feelings.
Yeah, give me a break. Rush Limbaugh is a great and remarkably effective patriot who has the blessed power to voice the thoughts, attitudes, beliefs, and concerns of over 21 MIllion people. To the left that makes him very dangerous. Each time he pushes the On the Air button to his mighty trumpeting EIB Golden Microphone he instills fear into the left for his bold audacity to strike down their insipid lies, failures, deceptions and destructive anti-American propaganda.
I'm thinking that his malcontented political hunting prosecutor is persecuting Rush's loyal listening audience for their beliefs, their voice, the hopes and dreams, their love for FREEDOM and LIBERTY.
Main Telephone Number: (561) 355-7100
Florida Suncom Number: 273-7100
FAX Number: (561) 366-1800
Email Address: StateAttorney@sa15.state.fl.us
Freep the heck out of this over-zealous attorney!
Just get Bill Burkett and Mary Mapes on the case and they'll have their "evidence" in ten minutes.
Better yet, lets all send him worms and maggots - for his fishing expeditions..
DeLay. Libby. Limbaugh. Welcome to the new McCarthyism.
Dude, I think youre way off on this one.
No, Chong was not imprisoned for drugs. He was imprisoned for - I'm not making this up - selling pipes that could have been used to smoke dope. Your tax dollars at work, way-off-base breath.
They also said on Britt Hume's show this afternoon the Dem Plan is to turn everyone so against the GOP that they will sweep '06 and then start impeachment proceedings against the President... so there we have it and something for everyone to think about before voting independent or staying home next year.
<< If Rush was a leftist celebrity, he would be on every talk show in America talking about overcoming [The inevitable consequence of his having wilfully engaged in a criminal activity.]
If Mr Limbaugh; who used to talk quite openly about having for a time been a pot smoker and for years, clearly hooked on something, weighed in at about four hundred pounds, all the while castigating "drug addicts, [He spent a week when Kurt Cobain died obscenely rubbishing "just another dead doper"] and who has for years chain sucked on stinking cigars clutched in his very-much nicotine-stained fingers, while bloviating about having "quit smoking;" was and or had even half of the character and even one of the the balls of "the leftist celebrity," Mrs Martha Stewart, he'd have long-ago afforded himself the dignity of the consequences of his own actions.
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