Pubdate: Sat, 25 Jun 2005 Source: Sun-Sentinel (Fort Lauderdale, FL) Copyright: 2005 Sun-Sentinel Company Contact: http://www.sun-sentinel.com/ Details: http://www.mapinc.org/media/159 Author: John Cote and Peter Franceschina, Staff Writers Bookmark: http://www.mapinc.org/oxycontin.htm (Oxycontin/Oxycodone) JUDGE TO REVIEW LIMBAUGH RECORDS He'll Decide Which Files Will Be Used In Drug Case A Palm Beach County judge ruled Friday that he will privately review Rush Limbaugh's medical records to determine which documents will be released to prosecutors investigating the conservative radio host's prescription drug use. Circuit Judge Thomas Barkdull ruled that prosecutors would receive only records that "fall within the scope" of search warrants issued as authorities investigated Limbaugh for a pattern of alleged prescription drug abuse. Any other documents will be turned over to Limbaugh's attorney. Prosecutors had sought access to all of Limbaugh's medical records, saying the documents could show that the commentator engaged in doctor shopping -- illegally obtaining overlapping prescriptions from different doctors. He has not been charged with any crimes. Limbaugh attorney Roy Black had argued the records were seized improperly and contained potentially embarrassing medical details. Black also maintained that any records turned over to prosecutors should be limited to the period between March 2003 and September 2003. Prosecutors cited prescriptions Limbaugh received during that time to get search warrants for his medical records from four doctors in Florida and California. "We are pleased that Judge Barkdull has agreed with our position that the state was not entitled to the wholesale seizure of Mr. Limbaugh's medical records," Black said. "We are finally getting the judicial review of the records for relevancy that we have sought from the start." Limbaugh, 54, of Palm Beach, fought prosecutors from gaining access to the sealed records and lost all the way to the Florida Supreme Court. The 4th District Court of Appeal ruled that prosecutors properly seized the records, but the judges said Black could ask Barkdull to determine which of them are relevant to the investigation. In his ruling Friday, the judge did not set a timetable for his review of the records, which were seized in late 2003. Barkdull also ordered prosecutors not to disclose any of the records to anyone not involved in the inquiry. A Palm Beach County State Attorney's Office spokesman declined comment on the ruling, saying the case was an ongoing investigation. Barkdull's ruling paved the way for prosecutors to move forward with a case sidetracked by months of legal wrangling, West Palm Beach defense attorney Gregg Lerman said. "When [the review] is done with, then they can decide whether or not they are going to file charges," said Lerman, who is not involved in the case. Black appears poised to again challenge the validity of the search warrants if charges are brought. In Friday's ruling, Barkdull denied Black's request to invalidate the warrants, but Black can raise the issue again. "We continue to believe that the search warrants were issued based on faulty and misleading statements from investigators and that the search was improper under both state and federal law," Black said in his statement. "Nothing in Judge Barkdull's order prevents us from renewing our motion to suppress all of the records at a later date." According to the search warrants, Limbaugh picked up 1,733 hydrocodone pills, 90 OxyContin pills, 50 Xanax tablets and 40 pills of Barkdull denied requests by Black and Assistant State Attorney James Martz to participate in the records examination to help determine which documents were relevant. - --- MAP posted-by: Beth