Rush Limbaugh wants to review medical records before investigators
By JILL BARTON
Associated Press
June 15, 2005, 1:06 PM EDT
WEST PALM BEACH -- Rush Limbaugh's attorney asked a judge Wednesday for copies of the conservative commentator's sealed medical records so he can provide a list of privileged information that should not be turned over to prosecutors investigating Limbaugh's drug use.
The state attorney's office says the records contain information that Limbaugh illegally purchased prescription painkillers and engaged in ``doctor shopping,'' or illegally deceiving multiple doctors to receive overlapping prescriptions.
Investigators seized the records with search warrants in 2003 but they have remained sealed because Limbaugh appealed, arguing that the case threatens the privacy rights of all Floridians. He lost at the Circuit and appellate court levels, and the Florida Supreme Court declined to hear the case. But his appeals successfully stalled the investigation for more than 18 months.
Limbaugh now wants to review the records before investigators and wants to develop a log of those that would be relevant to the criminal investigation, said his attorney, Roy Black.
``Many of the things in these records deal with medical procedures, symptoms _ things that are potentially embarrassing for my client,'' Black told a judge during a court hearing. ``They deal with intimate matters.''
Assistant State Attorney James Martz said investigators want to review all the records because the alleged criminal conduct spanned years and they could find evidence of a pattern or additional wrongdoing.
``The state should not have to _ in the middle of a criminal investigation _ do business with the target of the criminal investigation,'' Martz said.
He said the state's attorneys should be allowed to review the records at the same time as Limbaugh's attorneys. ``We'd just like the opportunity to tell you why the piece is important before the court excludes it,'' Martz said.
Circuit Judge Thomas Barkdull noted that the 4th District Court of Appeal ruled that prosecutors could only have ``records covered by the warrants'' which dealt with the prescription drug allegations. He gave no indication after the 30 minute hearing on when he would rule. But he denied another motion by Black to return the records to Limbaugh.
Limbaugh has not been charged with a crime and has maintained his innocence throughout the investigation. He acknowledged an addiction to pain medication, attributing it to severe back pain, and took a five-week leave from his afternoon radio show to enter a rehabilitation program in October 2003.
Investigators seized the medical records after learning that Limbaugh received about 2,000 painkillers, prescribed by four doctors in six months, at a pharmacy near his Palm Beach mansion. They said search warrants were used to ensure the records were not tampered with or destroyed. |
