Limbaugh Reaches Settlement in Drug Case - Yahoo! News
Posted: Friday April 28,2006 - 06:54:58 pm
By BRIAN SKOLOFF, Associated Press Writer 25 minutes ago WEST PALM BEACH, Fla. - Rush Limbaugh and prosecutors in the long-running painkiller fraud case against him have reached a deal calling for the only charge against the conservative commentator to be dropped if he continues treatment, his attorney said Friday.Limbaugh was booked on a single charge that was filed Friday, said Teri Barbera, a spokeswoman for the Palm Beach County Jail. He left about an hour later, after Limbaugh was photographed and fingerprinted and he posted $3,000 bail, Barbera said.
The radio giant's agreement to enter a diversionary program ends a three-year state investigation that began after Limbaugh publicly acknowledged being addicted to pain medication and entered a rehabilitation program.
Prosecutors accuse him of "doctor shopping," or illegally deceiving multiple doctors to receive overlapping prescriptions. They learned that he received about 2,000 painkillers, prescribed by four doctors in six months, at a pharmacy near his Palm Beach mansion.
Limbaugh pleaded not guilty Friday to a charge of fraud to conceal information to obtain prescriptions. Though he steadfastly denies doctor shopping, the charge will be dismissed in 18 months if Limbaugh complies with court guidelines, his lawyer Roy Black said.
"Mr. Limbaugh and I have maintained from the start that there was no doctor shopping, and we continue to hold this position," Black said in an e-mailed statement.
Limbaugh spokesman Tony Knight said the commentator signed the agreement Thursday, and that it called for him to enter the not guilty plea. "It's not in the system moving toward trial. It was all a formality. It's a concluded deal," Knight said.
Mike Edmondson, a spokesman for the state attorney's office, said prosecutors had not yet received the signed agreement.
"I am not disputing the facts, the conditions that Black represented, but until his client signed the agreement, we don't have a full agreement," Edmondson said. "I am sure it's just a timeline issue."
He refused to comment further.
As a primary condition of the dismissal, Limbaugh must continue to seek treatment from the doctor he has seen for the past 2 1/2 years, Black said. Among other provisions, he also has agreed to pay the state $30,000 to defray its investigative costs, Black said.
After 18 months, "He will not have any criminal record," Black said...
If these remarks are factual, this means Rush was arrested and he submitted to such arrest voluntarily after a warrant for arrest was issued.
The legal process after such arrest, whether the DA drops the charges, offers to dismiss it in exchange for a "deal" and a judge agrees to an adjournment in contemplation of dismissal (ACD) in 18 months (or other "terms" of a deal), or chose to pursue the matter through trial (which the DA did not) are the legal processes which follow arrests.
What that means is that he can move to expunge his criminal record in 18 months. That may be meaningful to those not in the public eye, who could effectively purge any permanent arrest record and then successfully (and legally) deny ever having been arrested, but here, the fact of the arrest is permanently public. So it can never be truly expunged.
Me, I could care if Rush spends his time popping hillbilly heroin like shelled pistachios, as long as he stays put while doing it and isn't climbing in his car and running over my kids.
Unfortunately, his hypocrisy smells to high heaven. He would have been (and often was) the first to decry such a libertarian position on drugs.
Frankly, any negative fallout he gets on this is well-deserved. Maybe now he'll really see the light on what it means to get the government off your back.