Pubdate: Sat, 24 Jan 2004
Source: Orlando Sentinel (FL)
Copyright: 2004 Orlando Sentinel
Contact:  http://www.orlandosentinel.com/
Details: http://www.mapinc.org/media/325
Author: Peter Franceschina, South Florida Sun-Sentinel
Bookmark: http://www.mapinc.org/people/rush+limbaugh

PROSECUTORS REJECTED LIMBAUGH DEAL REQUEST

WEST PALM BEACH -- Palm Beach County prosecutors rejected an overture
last month 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 term of
probation, a deal that Limbaugh's Miami attorney Roy Black called
"preposterous."

Limbaugh, 53, admitted in October to a prescription-drug addiction as
the result of pain and entered a treatment program. He has not been
charged with any crimes.

Black wrote to Palm Beach County State Attorney Barry Krischer on Dec.
11, asking whether his office's investigation could be resolved by
having Limbaugh enter an intervention program that allows drug
offenders to seek treatment and not face criminal convictions.

James Martz, the prosecutor heading the investigation into Limbaugh's
prescription-drug use, responded to Black with a Dec. 15 letter saying
such an intervention program was not appropriate. The program is
typically offered to minor, first-time drug offenders.

Martz noted that prosecutors reviewed records from a pharmacy near
Limbaugh's $24 million Palm Beach mansion coupled with records
associated with four search warrants served on Limbaugh's doctors for
his medical records. Martz said those records "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.

Prosecutors said Limbaugh would have to admit to doctor shopping, a
third-degree felony punishable by up to five years in prison. Limbaugh
would be placed on three years of probation, required to undergo a
treatment program approved by a judge and subjected to random drug
tests during that time.

"Mr. Limbaugh would provide community service during his probationary
period in a manner approved by the court," Martz wrote. "We would
suggest that those efforts be utilized to raise public awareness of
the dangers of prescription-drug addiction."

And since 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 become a felon if he successfully
completed all terms of his probation.

Prosecutors declined to comment on the letters, which were released to
the Sun-Sentinel in response to a request under the state's public-
records laws. Prosecutors consulted with the Florida Attorney
General's Office and The Florida Bar before determining the letters
are not confidential and had to be released as public records.

"My request of Mr. Krischer was for the same treatment anyone else in
this situation would receive. The state's response was preposterous,
and I declined to respond to it," Black said in a statement Thursday.
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MAP posted-by: Larry Seguin