Pubdate: Wed, 24 Dec 2003
Source: Orlando Sentinel (FL)
Copyright: 2003 Orlando Sentinel
Contact:  http://www.orlandosentinel.com/
Details: http://www.mapinc.org/media/325
Author: Peter Franceschina

PROSECUTORS CAN REVIEW LIMBAUGH DOCTOR FILES

WEST PALM BEACH -- Palm Beach County prosecutors can have access to Rush
Limbaugh's seized medical records to determine whether he violated state
prescription laws, a judge ruled Tuesday.

Limbaugh's attorney, Roy Black, immediately moved to block the review of the
records, but the judge's order opened a window of time in which prosecutors
can go through the documents. It was not immediately clear Tuesday whether
they took advantage of that.

Black argued during an hourlong hearing Monday that prosecutors violated
Limbaugh's right to privacy by seizing the records with search warrants,
instead of following a state law that requires them to first notify Limbaugh
and give him a chance to fight it.

Palm Beach County Circuit Judge Jeffrey Winikoff sided with prosecutors,
ruling Tuesday morning they have a "compelling" interest in the records to
determine whether Limbaugh violated the state's "doctor-shopping" law, which
prohibits someone from secretly seeking overlapping prescriptions.

The conservative commentator, who has called the investigation political
payback on his national radio show, has not been charged with any crimes.

During Monday's hearing, Black asked Winikoff to keep the medical records
sealed until he could appeal, and Assistant State Attorney James Martz did
not object.

Winikoff wrote in his ruling, "The state may unseal the medical records of
Mr. Limbaugh for the purposes of conducting a criminal investigation."

Then Winikoff invited Limbaugh's attorneys to file an additional motion on
whether he should stop prosecutors from reviewing the records while Limbaugh
appeals. Limbaugh's attorneys filed that motion Tuesday afternoon, and they
also filed a notice that they will take the issue to the 4th District Court
of Appeal in West Palm Beach.

West Palm Beach attorney Gregg Lerman, who is not involved in the case, said
the judge's order gave prosecutors the opportunity to begin poring through
the medical records.

"They have all day to go through the records," he said.

Limbaugh opened his three-hour Tuesday radio show by talking about his case
about 10 minutes. He said persistent media leaks from the investigation were
designed to tarnish his reputation, a theme put forth by Black during
Monday's hearing.

"My friends, it is, and has been, obvious to me for the longest time that
all these leaks were an attempt to try me in the court of public opinion,"
Limbaugh said, according to a transcript from his Web site.

"The Democrats in this country still cannot defeat me in the arena of
political ideas, and so now they are trying to do so in the court of public
opinion and the legal system. I guess it's payback time."

Prosecutors argued during Monday's hearing that Limbaugh's privacy was
protected because the records were seized under seal and had not yet been
examined. Martz told the judge investigators were afraid the records could
be altered or destroyed if they notified Limbaugh first. The judge ordered
that the records not be disclosed to any outside parties without a court
order.

The records were seized from three Palm Beach County doctors and another in
Los Angeles in late November and early December.

Peter Franceschina is a reporter for the South Florida Sun-Sentinel, a
Tribune Publishing newspaper.
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