Pubdate: Wed, 28 Sep 2005
Source: Miami Herald (FL)
Copyright: 2005 The Miami Herald
Contact:  http://www.miami.com/mld/miamiherald/
Details: http://www.mapinc.org/media/262
Author: Jill Barton, Associated Press
Bookmark: http://www.mapinc.org/people/Rush+Limbaugh
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)

PROSECUTORS SEEK TO QUIZ DOCTORS IN LIMBAUGH CASE

Prosecutors Hope to Call Rush Limbaugh's Doctors and Their Employees 
in the Pain Pill Case

WEST PALM BEACH - Prosecutors investigating Rush Limbaugh over his use
of prescription painkillers want to subpoena the conservative
commentator's doctors and the doctors' employees, according to a
motion filed on Tuesday.

Limbaugh's attorneys are fighting the move, arguing that the doctors'
testimony could reveal privileged medical information.

But Assistant State Attorney James Martz told the court he would ask
the witnesses only about matters relating to their investigation of
Limbaugh's possible "doctor shopping." Prosecutors believe Limbaugh
illegally deceived multiple doctors to receive overlapping
prescriptions for painkillers. He has not been charged with a crime.

Martz said the testimony of the doctors and their employees would
exclude confidential medical information.

The criminal investigation into Limbaugh's drug use has been held up
for nearly two years because of privacy concerns raised by Limbaugh's
lawyers. When investigators seized medical records from four of
Limbaugh's doctors in November 2003, the records remained sealed for
19 months as Limbaugh's attorneys fought the move.

Limbaugh's argument that the seizure violated his privacy rights
failed at the circuit and appellate court levels, and the Florida
Supreme Court declined to hear the case.

A judge gave some of the medical records to prosecutors in July,
allowing their long-stalled investigation to move forward. But the
legal wrangling over the doctors' testimony has held up the case again.

The state attorney's office gave no indication how long the
investigation would take.

Limbaugh acknowledged an addiction to pain medication, attributing it
to severe back pain, and took a five-week leave from his radio show to
enter a rehabilitation program in October 2003.

He has accused Palm Beach County State Attorney Barry Krischer, a
Democrat, of a "fishing expedition" that's politically motivated.
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MAP posted-by: Richard Lake