Pubdate: Wed, 06 Jul 2005 Source: Palm Beach Post, The ( FL ) Copyright: 2005 The Palm Beach Post Contact: http://www.palmbeachpost.com/ Details: http://www.mapinc.org/media/333 Author: Susan Spencer-Wendel, Palm Beach Post Staff Writer LIMBAUGH JUDGE HINTS AT TURNOVER OF RECORDS WEST PALM BEACH -- Some of Rush Limbaugh's medical records may be in the hands of prosecutors this week, jump-starting anew the criminal investigation of the conservative talk-show king and ending his 19- month battle to reclaim them. A judge indicated during a hearing Tuesday that he's nearly done reviewing the seized records. Circuit Judge Thomas Barkdull III asked for evidence bags for the records' transport. "Three of them," he said. Barkdull said nothing about what portion of Limbaugh's records he would put into evidence. Limbaugh's lawyers were in court Tuesday fighting to restrict who in the state attorney's office will view them. Attorney Roy Black asked that just a few prosecutors and investigators be allowed access and talked of holding them in contempt if they publicly disclose what they see in the records. Assistant State Attorney James Martz said that was like letting a suspect pick his prosecutors and investigators. Martz said he could launch into a list of agencies and investigators he may consult, but that would reveal too much of his criminal investigation. Barkdull later denied Limbaugh's request. Limbaugh has been under investigation since his housekeeper told the State Attorney's Office of prescription drug abuse. Investigators visited area pharmacies and seized Limbaugh's medical records from three doctors' offices in late 2003, not long after Limbaugh's public admission that he was addicted. Prosecutors cited possible doctor-shopping, a felony, when they got a search warrant to seize his medical records. The records have been sealed, though, for 19 months as Limbaugh argued unsuccessfully all the way to the Florida Supreme Court that the seizure was a violation of his privacy rights. Limbaugh, 54, of Palm Beach, has not been charged with any crime. Black said both in and out of court Tuesday that he wants to limit who sees the records because the case has turned into a "soap opera" complete with leaks to news media. The prosecutors are not to be trusted with the information they see there, Black told reporters afterwards. Some of the records certainly will land with prosecutors, though, and Limbaugh is feeling horrible about that, he said. "Nobody wants their intimate medical problems broadcast to the state. I mean, it's the ultimate invasion of privacy," Black said.