Tuesday, December 23, 2003

Well, two days before the celebration of birth of the God man, JC, and El Rushbo finds himself under court order to reveal his medical records to the state. A little early holiday cheer for thinking Americans. Story below.

Florida Judge Orders Limbaugh Medical Records Unsealed

By TERENCE NEILAN

Published: December 23, 2003


A Florida judge ruled today that prosecutors can unseal medical records of Rush Limbaugh in their pursuit of a criminal investigation of whether Mr. Limbaugh "doctor shopped" to obtain pain medication.

Mr. Limbaugh's lawyers, led by Roy Black of Miami, had sought to keep the records sealed on the grounds that their seizure violated his constitutional right to privacy and made it difficult for Mr. Limbaugh to obtain medical treatment.

Advertisement


In his order, Judge Jeffrey A. Winikoff of the state's 15th Circuit Court in Palm Beach County said the records had been obtained by search warrant rather than by subpoena, before giving Mr. Limbaugh an opportunity to object "and allowing time for a hearing to be held."

"The court knows of no less intrusive means to obtain the clearly relevant information than the methods the state employed here," the judge said, adding that the court "specifically finds that the state acted in good faith."

Judge Winikoff said that courts had already determined that there was probable cause to believe that the medical records would substantiate violation of the Florida laws. The records are not to be disclosed to any third party, however, the judge said.

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

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

Doctor shopping 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.

In a statement today, the office of the Florida state attorney, Barry Krischer, said it was still investigating whether Mr. Limbaugh would be subject to prosecution for any crimes. "Mr. Limbaugh is presumed innocent at this time," the statement added.

Mr. Black's office did not immediately respond to a request for comment on the ruling.

Today's finding came after lawyers for Mr. Limbaugh said his onetime housekeeper, who told Florida law enforcement authorities that she and her husband illegally supplied Mr. Limbaugh with prescription pain pills, was blackmailing him in return for their silence.

The housekeeper, Wilma Cline, and her husband, David Cline, had demanded $4 million in hush money, Mr. Black told Judge Winikoff on Monday. Mr. Black added that the couple went to prosecutors, who granted them immunity, and The National Enquirer only after Mr. Limbaugh, stopped making payments.

Asked about the blackmail accusation, Ed Shohat, the Clines's lawyer, said: "I'm not aware of any fact that would support such a claim. It's not surprising under the circumstances."


I am not a "Rush hater," but his black and white espoused views on every issue simply conform to the far more nuanced positions that are far more reflective of reality. After trashing everyone from activist women(femi-nazis) to star black athletes(Donovan McNabb), Rush is apparently whining about his privacy rights being violated. Et tu Brutus.

It is my understanding that Limbaugh is under investigation for a triad of related bits of impropriety. They are as follows:

1) The above "doctor shopping"

2) Conspiring to launder money: see link

3) Being involved in an illegal prescription drug buying ring

Given Mr. Limbaugh's tough stance on drug offenders, and the fact that he is being investigated on other charges, he is seeking a level of justice far more 'sensitive' than that to which he would see administered to others in like situations. Rush is looking for mollycoddling, and is receiving -- amazingly enough, given his notoriety and star legal counsel -- fair treatment under the law(s). Link .

BLAST FROM PAST:

In or about 1990, a colleague was enamored of Mr. Limbaugh and listened to his radio program on a regular basis. He invited me, and a fellow engineer to listen to Rush's daily rants. I heard anough in ten minutes to convince me that this person was no one that I wished to waste my time listening. My senior engineer Dave, referred to Limbaugh's daily rants as, "Radio Cuba." We were never asked to listen to Limbaugh again. Odd that.

In all honesty, I don't find the Limbaugh cases of very much interest. I only hope that, if convicted, he receives the same punishment that anyone of lesser celbrity would receive.

No comments :