Limbaugh's lawyers win ruling that may imperil case

[Judi Lynn]

Limbaugh's lawyers win ruling that may imperil case

By Peter Franceschina
Staff Writer
Posted August 17 2005


Palm Beach County prosecutors wanted to ask one of Rush Limbaugh's doctors Tuesday morning about the radio host's prescription drug use, but Limbaugh's attorneys won a last-minute court ruling that could jeopardize the future of the investigation.

A Palm Beach County judge ruled Tuesday that prosecutors couldn't question any of Limbaugh's doctors without first notifying Limbaugh. That would give Limbaugh's lawyers a chance to fight the subpoena issued to question the doctor and to raise privacy concerns before a judge.

Limbaugh, 54, a Palm Beach resident, has not been charged with any crimes. He has been under investigation for suspected doctor shopping -- secretly obtaining overlapping prescriptions in a 30-day period.

Palm Beach County State Attorney's Office spokesman Michael Edmondson would not comment on the development. A spokesman for Limbaugh attorney Roy Black said Black would not comment.
(snip/...)

http://www.sun-sentinel.com/news/local/palmbeach/sfl-prush17aug17,0,825845.story?coll=sfla-news-palm

[opihimoimoi]

1. The pus ass fat shit will git away??? Damn....

[BQueen]

7. Just requires prior notice

so that they can argue about privacy issues before the doc appears. Whether or not the docs will be able to testify will be decided later. It just denies the prosecutor some element of surprise. (Frankly, it will be one less issue for the inevitable appeal if he gets convicted)

Haven't researched this, but if he's being prosecuted for doctor shopping/lying to get his fixes, it would be pretty ridiculous to exclude the testimony of the doctors that he allegedly duped. If that were the case, no one would ever be convicted on those charges. (I did have one case like that -- years ago in another state, but lying to get the meds was an element, and we got the doctor's testimony in over privilege and privacy objections.)

[Seabiscuit]

11. This is a minor procedural issue. It does *NOT* "imperil" this case in

any way. That thoroughly inappropriate phrase is nothing more than yellow journalism demonstrating nothing more than the journalist's ignorance of the law and desire to sensationalize his story.

[ChairmanAgnostic]

15. Precisely

Many states have statutes which require anyone - including parties in criminal cases - to provide notice. The statutes, which protect patient-client confidentialities, are intended to bolster communications between the two to foster more trust and better results in the patient's medical care. It does not prevent the doc from telling the truth or hiding information.

Giving notice means nothing more than giving notice. And once given, you wanna bet that the state has some tools that will force the MD to tell the truth? For example, "Say doc, your office is one of five MDs which prescribed pain meds to this guy. Either cough up, or we investigate you and your offices' lax Px. practices and possibly your ability to prescribe anything ever again." That tends to grab your attention.

I've seen it happen before, and I'll bet it will happen here.

Aboslutely sensationalist, uninformed, yellow journalism at its worst.

[opihimoimoi]

22. Thanx guys..so glad to hear it doesn't imperil the case..

[Judi Lynn]

2. From the Palm Beach Post:Judge blocks subpoena of Limbaugh's doctor

Judge blocks subpoena of Limbaugh's doctor
By Susan Spencer-Wendel

Palm Beach Post Staff Writer

Wednesday, August 17, 2005

WEST PALM BEACH — Prosecutors' investigation of conservative talk show king Rush Limbaugh for alleged prescription drug abuse has hit another legal snag.

A circuit judge has shot down a prosecution attempt to question one of Limbaugh's doctors about his patient.

Late Monday, an attorney for Limbaugh asked Circuit Judge Kenneth Stern to quash the subpoena of John Murray, Limbaugh's ear doctor.

The state attorney's office had sent a subpoena to Murray and asked him to come into the office Tuesday morning, according to court records.

Stern, acting on behalf of Circuit Judge Thomas Barkdull III, quashed the subpoena, and ordered prosecutors not to communicate with Murray or any other of Limbaugh's doctors without proper notice and a hearing beforehand.
(snip/...)

http://www.palmbeachpost.com/localnews/content/local_news/epaper/2005/08/17/s1b_limbaugh_0817.html

[rooboy]

3. I love seeing re-publication of the fact that Rush is a JUNKIE. n/t

[Jeff In Milwaukee]

20. This is great...

Every time there's a subpoena, it will be in the news and we can re-hash his hypocrisy.

[Ian David]

4. And did you know the ACLU is helping Rush?

Limbaugh to get legal boost from group he's often ripped
http://www.palmbeachpost.com/localnews/content/news/limbaugh/011304_limbaugh.html

FOXNews.com - Foxlife - ACLU Comes to Rush Limbaugh's Defense
http://tinyurl.com/a8xuq


ACLU Asks Court to Protect Confidentiality of Rush Limbaugh’s Medical Records
http://www.aclu.org/Privacy/Privacy.cfm?ID=14698&c=27

[rodeodance]

17. He should make a huge donation to the ACLU

[ClintonTyree]

5. For anyone else in Florida.....

this would be an open and shut case. Doctor shopping is illegal. It's quite apparent that Limpballs Doctor shopped. However, Limpballs has the MONEY to subvert justice through all sorts of legal wrangling and I'm sure, payoffs to the "right" people in a State where political graft is considered an art form.
Limpballs is as guilty as sin but will probably skate because as we all know, justice may be blind but she can be bought.
This scum sucking pig should be in the Big House getting reamed up his draft dodging, anal-cystic, poop-chute by a big guy named Bubba, but he'll buy his way out of it. It's the American way. They live by the Golden Rule; he who has the gold, rules. :grr:

[pnorman]

6. If that POS "walks",

I hope he's duly grateful to the ACLU.

pnorman

[meegbear]

8. Why doesn't he have them release all the information?

I mean, he's the first to tell you that if you have nothing to hide, then you should be more than willing to give up your freedons.

[NaturalHigh]

9. Frankly, I don't see why anyone should go to jail...

for what Limbaugh did. Who did he hurt besides himself? The solution to addiction is NOT prison.

[ClintonTyree]

13. Well, that's Rush's solution..........

anybody that's a law breaker, a drug user etc, should be shown NO MERCY! That's pretty much what Rush's stand has been over the years. Now that the shoe is on the other foot, it's a different story, however. Rush is a flaming hypocrite, and the cost of such hypocrisy should be what he advocates for everyone else in a similar situation. Jail. Lead by example, you know? :shrug:
Who did he hurt besides himself? That's not the question, He broke the law. Just the same as hundreds of thousands of first time offenders have "hurt no one but themselves", he broke the law and shouldn't be given any preferential treatment just because he's rich. You and I may not agree with it, but Rush certainly has advocated such strict penalties for others, why should he be an exception from his own set parameters? :shrug:

[NaturalHigh]

14. I know that's his solution.

It's still wrong. If he had been dealing, that would be different.

[DiverDave]

16. I agree with you, HOWEVER

this guy screamed and frothed at the mouth about addicts not receiving jail time.
The laws, however wrong, are the LAWS.
Unless, of course, you are a rich person with the ear of the junta, then it's all good.

I've said it since this hit the news...he will not do ANY time, and ultimately, he will have no record at all.

[LeftyElvis]

10. I hate

that fat asshole.

[zbdent]

12. If he's innocent, what's he got to hide?

God knows, nobody wants to see his body pictures . . . not even his latest gaydar blocker . . .

[Ian David]

18. Isn't he against the Roe v Wade "right to privacy?" n/t

[ChairmanAgnostic]

19. Sorry, but that is a slippery slope

I do NOT want my government doing illegal searches or seizures of anyone, even Rush, because that creates an opportunity for them to do it to me.

Subpoenas? fine. Notice? fine.
It would hurt the prosecution one bit. Just makes them work within the existing law.

[bribri16]

21. Well, Mr-I-hate-Clinton Limbaugh, if you have nothing to hide....

why not release all medical records and allow you doctors to answer any questions directly related to your drug prescriptions?

[leftofthedial]

23. this shitstain clearly committed felonies

he doesn't even deny it.

it pays (and pays and pays and pays) to be a fascist in Murka.

[bearfan454]

24. "has not been charged with any crimes"

That is Total crap. He violated the law.

[Toots]

25. I thought they had tape recordings of Rush and his house maid

The one who aquired drugs for Rush at a Denny's parking lot. I was under the impression that she was wired by the police and had Rush dead to rights. What is going on here? This doctor shopping thing is a different charge and I am wondering why they don't charge him on the first counts of possession and distribution the same as they would any citizen (black) of Florida.