Pubdate: Tue, 08 Nov 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: Missy Stoddard, Staff Writer

LIMBAUGH TEAM ASKS JUDGE FOR RETURN OF MEDICAL RECORDS

The battle over conservative radio talk show host Rush Limbaugh's 
medical records continued Monday, with Palm Beach Circuit Judge David 
Crow denying a request by Limbaugh's attorneys to postpone a hearing 
set for today.

Limbaugh attorney Jackie Perczek told the judge that power outages 
caused by Hurricane Wilma handicapped the attorneys' abilities to 
work on the case.

Limbaugh's attorneys will ask the judge to order the state to 
disclose the source of a purported leak about Limbaugh's medical 
records as well as the names of anyone who has had access to the 
medical records. Limbaugh's motion for contempt argues that in late 
September, the state provided information about the medical records 
to the Daily Business Review.

Limbaugh's team also requests the return of his medical records "to 
ensure that 'sources close to the investigation' do not leak them 
again," according to the motion, filed by lead Limbaugh attorney Roy 
Black of Miami.

Limbaugh, who lives on Palm Beach, has not been charged with any 
crimes. He has been under investigation since 2003 for suspected 
doctor shopping -- or secretly obtaining overlapping prescriptions.

In a Sept. 29 story concerning Limbaugh's medical records from Dr. 
John Murray, the Daily Business Review cites a "source close to the 
investigation." Black's motion further accuses the state of 
repeatedly leaking information to the media. Prosecutor James Martz 
declined comment on Monday.

Also today, the state will ask Crow for permission to interview 
Limbaugh's doctors and their employees. The court previously ruled 
that prosecutors couldn't question Limbaugh's doctors without first 
notifying Limbaugh, thus providing Limbaugh's lawyers a chance to 
fight subpoenas and to raise privacy concerns.
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