Pubdate: Wed, 24 Dec 2003
Source: St. Petersburg Times (FL)
Copyright: 2003 St. Petersburg Times
Contact:  http://www.sptimes.com/
Details: http://www.mapinc.org/media/419
Author: Associated Press

LIMBAUGH'S RECORDS OPEN TO SCRUTINY

A Judge Rules That Prosecutors Can Examine The Radio Talk Show Host's 
Medical Records In A Drug Inquiry.

WEST PALM BEACH - Prosecutors may examine Rush Limbaugh's medical records 
to determine whether he should be charged with "doctor shopping" for 
prescription painkillers, a judge ruled Tuesday.

Limbaugh accused prosecutors of going after him for political reasons.

Palm Beach Circuit Judge Jeffrey A. Winikoff denied the conservative radio 
commentator's request to keep the records sealed, but he said prosecutors 
cannot make the records public. Limbaugh's attorney promised a prompt appeal.

The judge said the state's "compelling" interest in determining whether 
Limbaugh broke the law trumped his right to keep his records private.

Palm Beach County prosecutors insisted they need to review the records to 
determine how much Limbaugh's doctors knew about his frequent prescriptions 
for OxyContin, hydrocodone and other painkillers and whether he was 
"shopping" for a doctor willing to prescribe drugs illegally, or getting 
prescriptions for a single drug from more than one doctor.

"Those records are the only way to clarify the violation of law that we're 
investigating," Assistant State Attorney James Martz told the judge. Martz 
said the records were seized to ensure that they wouldn't be tampered with 
or destroyed.

Limbaugh's attorneys argued that the seizure of the records from doctors in 
Florida and California violated the radio host's privacy.

"Mr. Limbaugh was not doctor shopping, and he should not have to sacrifice 
his privacy to prove his innocence," said Limbaugh attorney Roy Black. He 
asked a judge to prohibit prosecutors from viewing the records until his 
appeal is decided.

Investigators obtained the records last month after discovering that 
Limbaugh received more than 2,000 painkillers, prescribed by four doctors 
in a six-month period, at a pharmacy near his $24-million Palm Beach mansion.

Limbaugh recently admitted his addiction, stemming from severe back pain, 
and took a five-week leave from his afternoon radio show to go through a 
rehabilitation program.

On Tuesday's afternoon radio show, Limbaugh accused authorities of leaking 
information in an attempt to damage his reputation and said prosecutors 
have a political agenda.

"The Democrats still cannot defeat me in the arena of political ideas. And 
so now they're trying to do so in the court of public opinion and the legal 
system," Limbaugh said. "And since I'm not running for office, they can't 
get to me that way. They're going to seek the occasion of this event in my 
life to see, to find out if they can do any damage."

Elected Palm Beach County State Attorney Barry Krischer, a Democrat, 
disputed the allegations.

Krischer said in a statement earlier Tuesday that Limbaugh's rights have 
been protected and noted the judge's comment that prosecutors have "acted 
in good faith."

Authorities began investigating Limbaugh last year, after his former maid 
told them she had supplied him with prescription painkillers for years.

At a hearing Monday, Black said the former maid, Wilma Cline, threatened to 
sell the story to the National Enquirer. She and her husband, David Cline, 
demanded millions in blackmail and were "paid substantial amounts of 
money," the lawyer said.

The Clines' attorney, Ed Shohat, denied the blackmail allegation.

"I know of no facts that my clients demanded money from Rush Limbaugh in 
any way," he said.
- ---
MAP posted-by: Beth Wehrman