To: Alighieri who wrote (182065 ) 2/3/2004 3:59:44 PM From: tejek Read Replies (1) | Respond to of 1576710 Nation & World: Saturday, January 24, 2004 Prosecutors rejected deal from Rush Limbaugh's lawyer By Peter Franceschina South Florida Sun-Sentinel WEST PALM BEACH, Fla. — Palm Beach County prosecutors last month rejected an overture from Rush Limbaugh's attorneys that would have allowed the conservative commentator to enter drug rehabilitation rather than face criminal charges for prescription-drug abuse. Prosecutors say they think they have evidence that Limbaugh committed at least 10 felonies by illegally obtaining overlapping drug prescriptions, according to documents released to the South Florida Sun-Sentinel. They offered to end the investigation if Limbaugh pleaded guilty to a single felony for "doctor shopping" and agreed to a three-year probation, a deal that Limbaugh's attorney Roy Black called "preposterous." Limbaugh, 53, admitted in October to a prescription-drug addiction as the result of chronic back pain and entered a monthlong treatment program. He has not been charged with a crime. Black wrote to Palm Beach County State Attorney Barry Krischer on Dec. 11, asking whether the investigation could be resolved by having Limbaugh enter an intervention program that allows drug offenders to seek treatment and not face criminal convictions. Prosecutor James Martz responded to Black with a Dec. 15 letter saying such an intervention program was not appropriate. The program typically is offered to minor, first-time drug offenders. Martz said records from four doctors and a pharmacy near Limbaugh's $24 million Palm Beach mansion "indicate evidence that would support in excess of 10 felony counts for violations" of doctor shopping, which makes it illegal to obtain prescriptions secretly from more than one doctor. Martz offered to end the investigation through a plea agreement. "We believe this case can be settled without a trial," he wrote in the Dec. 15 letter. It was unclear whether the prosecution offer is still on the table. Prosecutors said Limbaugh would have to admit to doctor shopping, a third-degree felony punishable by up to five years in prison. He would be placed on three years of probation, required to undergo a treatment program approved by a judge and subjected to random drug tests. Because Limbaugh does not have a criminal record, the prosecutors' offer would have allowed the judge to withhold a formal finding of guilt, meaning Limbaugh would not be a convicted felon if he successfully completed all terms of his probation. Prosecutors declined to comment on the letters, released in response to a request under the state's public-records laws. "My request of Mr. Krischer was for the same treatment anyone else in this situation would receive," Black said in a statement Thursday. "The state's response was preposterous, and I declined to respond to it." Black noted that his Dec. 11 letter was marked confidential. Prosecutors began their investigation of Limbaugh last year, after his former maid told them she was Limbaugh's longtime supplier of prescription painkillers. Limbaugh spent five weeks in rehabilitation after announcing on his radio show in October his addiction to painkillers. Background on the investigation was provided by The Associated Press. Copyright © 2004 The Seattle Times Company archives.seattletimes.nwsource.com