Pubdate: Wed, 24 Dec 2003
Source: Charlotte Observer (NC)
Copyright: 2003 The Charlotte Observer
Contact:  http://www.charlotte.com/mld/observer/
Details: http://www.mapinc.org/media/78
Author: Jill Barton /Associated Press
Bookmark: http://www.mapinc.org/oxycontin.htm (Oxycontin/Oxycodone)

LIMBAUGH'S RECORDS OPENED TO PROSECUTORS

Lawyers Investigating Radio Host's Drug Use Look at 'Doctor Shopping'

WEST PALM BEACH, Fla. - Prosecutors investigating whether Rush Limbaugh 
illegally went "doctor shopping" for prescription painkillers can examine 
his medical records, a judge ruled Tuesday.

The conservative radio commentator accused prosecutors of going after him 
for political reasons, and his attorney promptly appealed the ruling.

Circuit Judge Jeffrey Winikoff said authorities have a compelling interest 
in determining whether Limbaugh broke the law, which trumps his right to 
keep his medical records private. The judge said prosecutors cannot make 
the records public.

Palm Beach County prosecutors say they need to review the records to 
determine how much Limbaugh's doctors knew about his frequent prescriptions 
for hydrocodone, OxyContin and other painkillers, and whether he was 
"doctor shopping."

That term refers to looking for a doctor willing to prescribe drugs 
illegally or getting prescriptions for a single drug from more than one doctor.

"Those records are the only way to clarify the violation of law that we're 
investigating," prosecutor James Martz argued.

Investigators seized records from Florida and California doctors last month 
after finding Limbaugh received more than 2,000 painkillers, prescribed by 
four doctors, at a pharmacy near his $24 million Palm Beach mansion.

Limbaugh's attorneys say the seizure violated the broadcaster's privacy. 
Martz says the records were taken to ensure they were not tampered with or 
destroyed.

Limbaugh has admitted his addiction to painkillers, blaming severe back 
pain. He took a five-week leave from his afternoon national radio show to 
go into rehab.

During his Tuesday show, Limbaugh accused authorities of leaking 
information to damage his reputation and said Palm Beach County State 
Attorney Barry Krischer, a Democrat, has a political agenda.

"The Democrats still cannot defeat me in the arena of political ideas," he 
said, "and so now they're trying to do so in the court of public opinion 
and the legal system."

Limbaugh's lawyer, Roy Black, said: "Mr. Limbaugh was not doctor shopping, 
and he should not have to sacrifice his privacy to prove his innocence."

Authorities began investigating Limbaugh last year, after his former maid 
told them she had supplied him with prescription painkillers for years.

At a hearing Monday, Black said his client suffered from a degenerative 
disc disease with "pain so great at one point doctors thought he had bone 
cancer."

Limbaugh's former maid, Wilma Cline, threatened to sell the story to The 
National Enquirer, Black said. She and her husband demanded millions from 
Limbaugh and were "paid substantial amounts," he said.
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MAP posted-by: Terry Liittschwager