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.