Pubdate: Tue, 23 Dec 2003
Source: Los Angeles Times (CA)
Copyright: 2003 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Jesus Sanchez
Note: Times Staff Writer Dana Calvo contributed to this report

JUDGE OPENS LIMBAUGH MEDICAL RECORDS

A Florida judged ruled today that prosecutors can review the medical 
records of radio talk show commentator Rush Limbaugh as part of an 
investigation into allegations that he engaged in "doctor shopping" to 
illegally purchase large amounts of pain killers.

Attorneys for Limbaugh said that they would appeal today's decision by Palm 
Beach County Circuit Court Judge Jeffrey A. Winikoff, who rejected their 
petition to dismiss search warrants issued for the seizure of Limbaugh's 
confidential medical records.

However, the judge's order prohibited state prosectors from releasing the 
medical records to the public.

In a transcript of his radio program today, Limbaugh said, "If we have to 
go to a Circuit Court of Appeals, a U.S. Circuit Court of Appeals, we will 
do so. This doesn't stop the state from opening the records. They can do 
it. But we'll just see how much the state respects our desire to follow the 
legal process all the way out on this."

Barry Krischer, a Flordia state attorney, said his office seized and wanted 
to review Limbaugh's medical records to see if he was "doctor shopping" or 
looking for doctors willing to illegally prescribe him prescription pain 
killers. Today, Krischer repeated previous statements that his office had 
"scrupulously protected Mr. Limbaugh's rights" in obtaining medical records 
by court sanctioned search warrants.

Limbaugh attorney Roy Black in a statement said that the radio host "was 
not doctor shopping and should not have to sacrifice his privacy to prove 
his innocence. The burden is on the prosecutor's office, not only to prove 
otherwise, but also to go through the appropriate legal process that 
protects an individual's right to privacy. We are confident we will prevail 
on appeal."

Limbaugh, 52, told his listeners that he was addicted to pain killers and 
recently emerged from an Arizona rehabilitation center where he was treated 
reportedly for addiction to the painkillers hydrocodone, Lorcet and 
OxyContin. The commentator made the announcement after an October story in 
the National Enquirer said he purchased large amounts of pain killers from 
a former housekeeper.

In the National Enquirer cover story, housekeeper Wilma Cline said she had 
sold Limbaugh large quantities of painkillers between 1998 and 2002. Cline 
no longer works at Limbaugh's $24.3-million Oceanside Palm Beach compound, 
but she struck an immunity deal with the Palm Beach County State Attorney's 
office in exchange for details of Limbaugh's alleged activity.

According the Enquirer article, she said Limbaugh began taking painkillers 
to numb the pain in his ear. Limbaugh told his listeners on Oct. 10 that he 
started taking the pain medication after unsuccessful surgery for a 
herniated disc.
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