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Limbaugh won't be prosecuted, attorneys wager
PalmBeachPost.com ^ | Saturday, October 4, 2003 | John Pacenti

Posted on 10/04/2003 1:42:29 AM PDT by Walkin Man

Saturday, October 4

Limbaugh won't be prosecuted, attorneys wager

By John Pacenti, Palm Beach Post Staff Writer Saturday, October 4, 2003

WEST PALM BEACH -- Rush Limbaugh's alleged addiction to painkillers may be documented in e-mails.

His reported drug deals may have been taped by his former housekeeper.

And the talkative maid and her handyman husband could even be willing to testify against the conservative talk-show host. They sure were willing to spill everything to a supermarket tabloid.

But the chance of criminal charges ever being filed against Limbaugh is next to nil, say criminal defense attorneys who have handled numerous drug cases.

And some local lawyers say they are hearing from sources within State Attorney Barry Krischer's office that Limbaugh -- who lives in a $24 million mansion on Palm Beach -- will indeed not be charged.

Sources also said Limbaugh won't even be questioned by law enforcement officials, unless the commentator chooses to cooperate on his own.

Roy Black is the Miami powerhouse attorney Limbaugh has reportedly hired to represent him. But Black, who has represented such celebrities as Marv Albert and William Kennedy Smith, won't return calls to confirm he has been retained. And Limbaugh said on his radio show Friday he wasn't at liberty to address the allegations.

James Martz, the prosecutor who heads up a task force on money-laundering, said he is more interested in finding the heads of such distribution cells as opposed to prosecuting low-level drug users -- whether they are celebrities or not.

Plus, to prosecute drug abusers, authorities need to catch them in possession of the illegal substance, he said. "Shy of that, we have very little leverage in the state system," Martz said.

What it all comes down to, attorneys say, is that the court of public opinion is a far cry from the court of law.

"I think that the state better have a heck of a lot more than what I'm seeing, hearing and reading right now," attorney Michael Salnick said. "First of all you have a major credibility issue with these witnesses. The credibility issue starts with the fact they sold their story to The National Enquirer."

The former maid, Wilma Cline, and her husband, David Cline, told The Enquirer for its latest edition that Limbaugh bulldogged them into supplying him with thousands of painkillers between 1998 and 2002. They said Limbaugh took hydrocodone, Lorcet and OxyContin.

The story came out on the heels of Limbaugh resigning from his job as an ESPN sports analyst after he said Philadelphia Eagles quarterback Donovan McNabb was overrated because the media wanted a black quarterback to succeed.

Maid said she taped transactions

It is unknown if the timing was coincidental, but The Enquirer's story is full of juicy details. According to the piece, it all started when Limbaugh asked for some extra pain pills from David Cline's legitimate prescription for a back injury.

Soon, Limbaugh demanded that they continue to supply him with pills when the prescription ran out. That's when Wilma Cline started keeping a log of her deliveries and preserved desperate e-mails from Limbaugh in which he referred to pills as "small blue babies."

Wilma Cline said she would meet Limbaugh in parking lots, passing a cigar box filled with pills through his Mercedes' window.

During her two last drug deliveries, Wilma Cline told The Enquirer, she secretly audiotaped the transactions.

Late last year, the Clines went to prosectors, who gave them immunity. Sources say the couple helped prosecutors in their investigation into tracking some 450,000 pills of hydrocodone back to the source.

Authorities believe some of Limbaugh's supply was dispensed from a small suburban Lake Worth pharmacy, World Health Association. The couple that ran the operation, Gloria and Louis Beshara, were arrested in May, seven months after the Clines came forward. The Besharas currently face trafficking charges.

Also, what could undermine the Clines' credibility is that David Cline has a criminal history.

He was arrested in 1982 in Collier County for cocaine trafficking, serving five years in prison. In 2000, he was arrested on charges of identity theft -- using the name George Earl Taylor -- of possessing a fake driver license and fake vehicle registration, as well as possession of marijuana and resisting arrest. He served 18 months probation.

It is unknown if the couple received full immunity from prosecutors for information they gave about how they provided pills for Limbaugh.

If Wilma Cline did tape Limbaugh without his knowledge, that is a third-degree felony punishable by up to five years in prison, attorneys say.

Plus, Martz said such tapings can't even be heard by prosecutors. As for e-mail evidence, Martz said any such evidence is problematic because there is trouble verifying who sent the e-mail.

So where does this leave Limbaugh's criminal liability?

"I think it's legal suicide to go after a guy like Limbaugh with evidence as flimsy as this," Salnick said.

Two former prosecutors, now in private practice, agree.

Robert Gershman said most of the time, users are prosecuted only for possession. He said the Clines probably wouldn't have even gotten in the door of the state attorney's office if they weren't outing a celebrity.

Marc Shiner said the celebrity issue taints the case. "Why would drug dealers turn in their client unless they are trying to save their own neck -- or trying to make a couple hundred thousand dollars peddling their story to the tabloids?" he asked.

"If I was Roy Black, I'd be sitting on the beach right now sipping a pina colada or watching a Marlins game and not worrying too much about Rush Limbaugh's criminal liability right now."


TOPICS: Crime/Corruption; Culture/Society; Extended News; Front Page News; News/Current Events; US: Florida
KEYWORDS: pilingon; rushbashing; rushlimbaugh; wod
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To: SSN558
Does anyone know under what circumstances Wilma Cline became a former maid? I'll bet that has a lot to do with this story.


gitmo
121 posted on 10/04/2003 8:51:27 AM PDT by gitmo (Zero Tolerance = Intolerance)
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To: svtkevin
Again,

Evidence is the recordings and emails PROVING that this isn't merely a case of accusations on her part to save her @$$ 'cause she's been caught dealing drugs and accusations to make some money through papers such as the Enquirer.

Evidence is not what she said through a 2nd person organ such as the Enquirer. In fact, evidence is not what she said at all. That's just her allegations. Nor is evidence what people commenting on those articles have to say.

Bring on the evidence.
122 posted on 10/04/2003 8:52:39 AM PDT by xzins (And now I will show you the most excellent way!)
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To: ch53gunner
Maybe so - I might even be so inclined as to agree with you (due to their outright hatred of all things Conservative) but accusations without substantiation only give the enemy more ammo.

Since WHEN have the far left and the Clinton's ever worried about substance? It's enough to attack, attack, attack. Some People (sheeple), will believe what they want.
123 posted on 10/04/2003 9:01:44 AM PDT by baseballmom
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To: surelyclintonsbaddream
"The funny thing is that Arnold is only a Rep in name only."

Exactly. Which is why I don't think the Left is very smart in leveling the Hitler charge against him, because he's a social liberal.

On the way home yesterday, I started laughing about that, and the best thing someone could say is, "Yes, it's true, at one time I praised Hitler -- his power, his deception, the way he got the people to act like sheep, to go along with his hypocrisy and double standards, to look the other way when horrid human abuses were happening, his silencing of critics and anyone who would stand in his way.

But then I became a conservative and saw the error of my ways."

124 posted on 10/04/2003 9:04:51 AM PDT by scott7278 ("If I'm not back by dawn -- call the president.")
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To: Walkin Man
Why is talking about news events of the day considered "bashing"?

It is not. What is considered a bit ignorant is being judge and jury in a case that only broke 48 hours ago. No one knows the truth in this case.

It is intellectually simple to come out and say Rush is guilty, or Rush is getting special treatment when no one yet knows the true facts or because Rush is not doing things according to someone elses time schedule!

I have bashed Rush myself, last being his comment on ESPN, which I felt was quite stupid to say. But, I will not pass judgement on Rush this early into a story that reeks of liberal fingerprints.

125 posted on 10/04/2003 9:06:04 AM PDT by technomage
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To: sakic
The claims against Limbaugh are bogus

He has had numerous chances to deny them yet he has not. Not the actions of an innocent man. If I was accused of this and it was untrue I'd certainly deny it.


I AM AN ATTORNEY. RUSH SAYS NOTHING AT THIS TIME. PERIOD.
INNOCENT OR NOT.
126 posted on 10/04/2003 9:11:14 AM PDT by fqued (Arnold, in spite of a "vote for Tom McClintock being a vote for Pia Zadora.")
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To: xzins; svtkevin
If there really are any emails "from Rush" to the maid, requesting pills, i would guess they were typed and sent by the maid, not Rush.
127 posted on 10/04/2003 9:14:00 AM PDT by 1 spark
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To: zip; BOBWADE
ping
128 posted on 10/04/2003 9:14:22 AM PDT by Mrs Zip
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To: steve50
Your quote was in reference to the difference in prison terms given to whites and blacks for cocaine and crack sales. His point was not to ease up on the penalties for selling crack but if you felt the need to make a change, make the penalty for selling cocaine just as severe. He was talking about trafficing, not use.
129 posted on 10/04/2003 9:14:27 AM PDT by Dave S
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To: 1 spark
Good point.

But we haven't even seen that much evidence. Not even 1 email. All we get is 3rd party statements.

Hardly evidence.

And this article says prosecutors are saying there is no evidence that they'd remotely consider bringing to trial.
130 posted on 10/04/2003 9:20:58 AM PDT by xzins (And now I will show you the most excellent way!)
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To: svtkevin
Sorry for being so long-winded, but finally, four, I am a little curious as to why Rush has not filed a libel suit against the Enquirer.
Some of it has to do with the newness of the situation -- it's easier to file a case once you have more of the specifics investigated. The main reason though is that it's hard as all get-out for a celebrity to win a defamation or libel case in the United States. Check out this State Department article entitled Libel Law in the United States for a good summary.

Rush could probably sue and would end up settling for a trifling amount that wouldn't even come close to paying his legal fees. Since he has the Golden EIB Microphone for 15 hours a week and his ratings will likely soar because of this, he can actually make money (due to increased ad revenues) to fight this in public rather than the courts.


131 posted on 10/04/2003 9:32:57 AM PDT by DallasMike
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To: Walkin Man
It seems to me that the Clines got themselves in a bit of hot water and 'turned state' to save their own necks. The prosecuters apparently already got what they wanted, the distributors, and that they have moved on.

While not in any way condoning his use of the drugs, I must say that there are people out there who want little more in life than a public lynching of Rush. My concern is that the investigation and prosecutorial decision making process maintain 'equal protection' and treat him as they would any other citizen in similar circumstances. If it turns out that it would be abnormal to prosecute in other similar cases then Rush should not be held more liable than others. If, however, statements in this article are exaggerated and such cases are routinely prosecuted then Rush should be treated similarly. It appears that he has made a very serious error and he must be man enough to let the cards fall where they may.

132 posted on 10/04/2003 9:39:29 AM PDT by BlueNgold (Feed the Tree .....)
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To: sakic
If I was accused of this and it was untrue I'd certainly deny it.

You would do exactly what your lawyer tells you to do; no more and no less.

133 posted on 10/04/2003 9:40:25 AM PDT by Consort
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To: Walkin Man
The problem with this article is that is ASSumes that Rush is guilty of abusing Rx drugs.

DNC smear job here. Nothing more. And you fell for it.
134 posted on 10/04/2003 9:43:46 AM PDT by GWfan
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To: 1 spark
If there really are any emails "from Rush" to the maid, requesting pills, i would guess they were typed and sent by the maid, not Rush

Or the email addresses could have been faked by any decent hacker.

135 posted on 10/04/2003 9:44:10 AM PDT by Dave S
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To: DallasMike
I heard an interview with the Exec editor of the Nat Enq on AM 650 this morning. He said that they went to great lengths to not make sweeping allegations and that their sources be identified along with specific allegations. The commentator said to the Editor,"You must realize that if you don't have this one down pat that Rush will put you out of business..." To which the Editor replied, "I know, I know, that's why we went to such great lengths on this one. I am confident we have this story right."

His tone seemed to indicate that there was a good deal of apprehension at the Enq about going after Rush, and that they needed to vet their sources well. The Enq may be a rag, but even a blind squirrel finds a nut once in a while. I am inclined to believe that the basics of the story are factual.

136 posted on 10/04/2003 9:46:04 AM PDT by BlueNgold (Feed the Tree .....)
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To: Walkin Man
Robert Gershman said most of the time, users are prosecuted only for possession.

Correct.

If Rush had been caught with the pills in his hand, he could have been charged.

Since the pills are gone, there is no physical evidence against Rush, only audio tapes and e-mails.

Therefore, the question remains:

Is it fair to charge a high school kid with possession of a couple of prescription pills while letting off the hook a celebrity on incriminating tapes and e-mails?

I'm not so sure that anyone in Florida has been charged for using drugs without being caught with the prescription pills in hand. Therefore, it seems fair to leave Rush off the legal hook.

After reading the article, it seems that the gist is:

If you use drugs, you can talk about it and write about it without legal repercussions.

If you use drugs and get caught with a couple of pills, you will be charged.

Since a criminal court will not touch this issue, the court of public opinion is left with the question:
Did he buy illegal prescription pills?

137 posted on 10/04/2003 9:48:38 AM PDT by george wythe
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To: BlueNgold
...or that it will cost Rush millions to go after them and that they can always fall back on "we just printed what his maid said".

Anyone can say slanderous things against another person. Rush is innocent, 100% unless he or a court of law tells me otherwise.
138 posted on 10/04/2003 9:51:30 AM PDT by GWfan
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To: Walkin Man
Rush has had zero tolerance for drug abusers in the past and has excoriated trial lawyers as well.

The guy Rush apparently hired is a criminal defense lawyer, not a trial lawyer. Trial lawyers, a class which includes what are known as plaintiff's attorneys and personal injury attorneys, practice high-dollar civil law. They include roughly everything from those large firms that fie mold claims class actions against artificial stucco manufacturers to the guy who runs TV commercials at 3 AM and sues grocery stores for people who slip on spilled grape juice.

Criminal attorneys are an entirely different area of law and one that also cannot be legitimately gotten rid of so long as we hope to keep our judicial system intact. Some of them are just as sleazy as the trial lawyers but the area of law they practice is immeasurably more legitimate than ambulence chasing.

139 posted on 10/04/2003 9:56:58 AM PDT by GOPcapitalist
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To: svtkevin
Guess they found some money on Wilma and her poor. sick hubby. Looks like about $200,000 and they kept it in a cigarbox.

The cops sure didn't tell her to wear a wire as they would have needed a warrant. Wilma engaged in illegal wire-tapping if she did (Florida Law).

When Rush comes out and tells "more than we might want to know", it may be about Wilma and why she hasn't work for the Rush's since 2001.

I have a feeling that the Enquirer is going to get sued and Rush is also looking into "who's behind the scenes" 'cause Wilma has the brains of a ?????.

No matter, the Dems love it. It upsets the flow of Rush's work and pretty soon, we'll hear more things that Rush says that can be interpreted as "Rush is bad". There's no doubt that they want to get him off the air.

140 posted on 10/04/2003 10:02:53 AM PDT by Sacajaweau (God Bless Our Troops!!)
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