Pubdate: Wed, 06 Jul 2005
Source: Sun-Sentinel (Fort Lauderdale, FL)
Copyright: 2005 Sun-Sentinel Company
Contact:  http://www.sun-sentinel.com/
Details: http://www.mapinc.org/media/159
Author: John Cote, Staff Writer
Bookmark: http://www.mapinc.org/oxycontin.htm (Oxycontin/Oxycodone)

LIMBAUGH'S RECORDS MIGHT SOON GO TO PROSECUTORS

Circuit Judge Says He Is Almost Done With Medical Data

A Palm Beach County judge appears close to releasing at least some of 
Rush Limbaugh's medical records to prosecutors, saying Tuesday he 
could be done reviewing them by the end of the week.

The documents are expected to revive a criminal investigation into 
the conservative talk show host's prescription drug use. In a 
two-paragraph ruling, Circuit Judge Thomas Barkdull also denied 
Limbaugh's request to restrict who on the prosecution team may view 
the records.

Suggesting a record handover was imminent, Barkdull at the end of 
Tuesday's hearing requested prosecutors provide him with three 
evidence bags for the documents.

"We assumed from the first hearing that some of the records would go 
to the state," Limbaugh's attorney, Roy Black, said outside the 
courtroom. "The only question is which records."

Prosecutors had sought access to all of Limbaugh's medical records as 
they investigated whether Limbaugh engaged in "doctor-shopping," 
illegally obtaining overlapping prescriptions from different doctors. 
Limbaugh, 54, of Palm Beach has not been charged with a crime.

Prosecutors cited prescriptions Limbaugh received in March 2003 and 
September 2003 to get search warrants for his medical records from 
four doctors in Florida and California. According to the warrants, 
Limbaugh picked up 1,733 hydrocodone pills, 90 OxyContin pills, 50 
Xanax tablets and 40 pills of time-release morphine during that time.

Limbaugh, citing privacy rights, fought against granting prosecutors 
access to the sealed records. He lost appeals that reached the 
Florida Supreme Court.

Barkdull last month ruled that he would privately review the records 
to determine which "fall within the scope" of the search warrants. 
Those will be given to prosecutors. Any others will be turned over to 
Black. Prosecutors were ordered not to disclose the information to 
anyone outside the investigation.

Black then sought to restrict who on the prosecution team should have 
access to any records released to the State Attorney's Office, 
blaming prosecutors and law enforcement for media leaks.

"This case has become a soap opera," Black said. "They have taken a 
course of conduct to destroy him personally."

Black argued in court documents that only three people for the 
prosecution, the trial prosecutor and two police officers who 
executed the warrants, should have access.

Assistant State Attorney James Martz countered that it was 
incomprehensible for a suspect to dictate how prosecutors pursue a case.

Outside of court, Black said authorities have demonstrated a 
willingness to leak information about his client and would have 
access to some of Limbaugh's most private details.

"They have proven time and time again that they cannot be trusted," 
Black said. "Nobody wants their intimate medical problems broadcast 
to the state. I mean, it's the ultimate invasion of privacy."

A spokesman for the State Attorney's Office declined to comment.
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