Pubdate: Wed, 24 Dec 2003
Source: Tallahassee Democrat (FL)
Copyright: 2003 Tallahassee Democrat.
Contact:  http://www.tallahassee.com/mld/democrat/
Details: http://www.mapinc.org/media/444
Author: Jill Barton

LIMBAUGH RECORDS FACE REVIEW

But They Cannot Be Publicized, Judge Says

WEST PALM BEACH - Prosecutors investigating whether Rush Limbaugh illegally 
went "doctor shopping" for prescription painkillers can examine his medical 
records, a judge ruled Tuesday.

The conservative radio commentator accused prosecutors of going after him 
for political reasons, and his attorney promptly appealed the ruling.

Circuit Judge Jeffrey A. Winikoff said authorities have a compelling 
interest in determining whether Limbaugh broke the law, which trumps his 
right to keep his medical records private. However, the judge said 
prosecutors cannot make the records public.

Palm Beach County prosecutors insisted they needed 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 
"doctor shopping."

That term refers to looking for a doctor willing to prescribe drugs 
illegally or getting prescriptions for a single drug from more than one 
doctor at the same time.

"Those records are the only way to clarify the violation of law that we're 
investigating," prosecutor James Martz argued.

Investigators seized records from Florida and California doctors last month 
after discovering that Limbaugh received more than 2,000 painkillers, 
prescribed by four doctors, at a pharmacy near his $24 million Palm Beach 
mansion.

Limbaugh's attorneys argued that the seizure violated the broadcaster's 
privacy. Martz said the records were taken to ensure they were not tampered 
with or destroyed.

Limbaugh recently admitted his addiction to painkillers, blaming severe 
back pain. He took a five-week leave from his afternoon national radio show 
to go into rehab.

During his Tuesday show, Limbaugh accused authorities of leaking 
information to damage his reputation and said Palm Beach County State 
Attorney Barry Krischer, a Democrat, has 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. The prosecutor disputed the allegations.

Limbaugh's lawyer, Roy Black, said: "Mr. Limbaugh was not doctor shopping, 
and he should not have to sacrifice his privacy to prove his innocence."

Authorities began investigating Limbaugh last year after his former maid 
told them she had supplied him with prescription painkillers for years.
- ---
MAP posted-by: Jay Bergstrom