Prosecutors Reject Limbaugh Proposal

Miami Herald ^ | 1/23/04 | Jill Barton

[tcuoohjohn]

Prosecutors Reject Limbaugh Proposal JILL BARTON Associated Press

WEST PALM BEACH, Fla. - Prosecutors rejected a proposed deal offered by Rush Limbaugh's attorney that would have seen the radio commentator enter a court-sponsored drug intervention program rather than face charges, according to records.

Instead, Palm Beach County prosecutors wanted Limbaugh to plead guilty to the third-degree felony of "doctor shopping" - visiting several doctors to receive duplicate prescriptions of a controlled narcotic.

According to records of exchanges between prosecutors and Limbaugh's attorney, the prosecutors' offer included three years' probation, participation in a drug treatment program and random drug testing.

Limbaugh, who has admitted that he became addicted to prescription painkillers while being treated for a back injury, has not been arrested and no charges have been filed.

The records were first obtained by the South Florida Sun-Sentinel through a public records request and disclosed in a story the newspaper published Friday.

In an attempt to head off charges, Limbaugh's attorney, Roy Black, wrote prosecutors on Dec. 11 to suggest that his client enter a court-sponsored drug intervention program without a guilty plea.

"I believe this proposal would be in keeping with the public interest," Black wrote. "The public is better served by treating addicts as patients rather than criminals."

Prosecutor James Martz wrote back on Dec. 15 that an intervention program alone was not sufficient. He wrote that prosecutors had enough evidence to support more than 10 felony counts.

"This proposed resolution is offered as an alternative to unsealing your client's medical records and in an effort to bring this case to a swift and just resolution," Martz wrote.

Black said in a statement Thursday to the Sun-Sentinel that his request "was for the same treatment anyone else in this situation would receive," and called the state's response "preposterous."

Black criticized the letters' release, saying he had expected prosecutors to keep his communications with them private. In the letter, he listed Florida statutes that showed why it should not be released.

Prosecutors said they consulted the Florida Attorney General's office and other experts before releasing the letter and were told that Florida's public records law takes precedence.

Prosecutors began their investigation of Limbaugh, 53, last year, after his former maid told them she was Limbaugh's longtime supplier of prescription painkillers.

Limbaugh spent five weeks in rehabilitation after announcing on his radio show in October his addiction to painkillers.

Limbaugh's lawyers denied their client was considering a plea bargain on Dec. 22 after news reports that he was seeking a deal with prosecutors.

It was unclear whether the prosecution offer was still on the table Friday.

Palm Beach County State Attorney spokesman Mike Edmondson declined comment. Black did not immediately return a call seeking comment.

[tcuoohjohn]

Comments?

[jwalburg]

I'm getting tired of this same cliche being used in Rush story headlines. What's the problem with copy editors that they think they are clever when repeating the same line 15 times, with each new development of the story?

[OldFriend]

Frankly, this deal would probably save Rush's life because he would be randomly tested for drugs.

[yooper]

No political motivation here, no-sirree.

If this were Keith Richards, the offer would have been accepted. If this were a Hollywood liberal in good standing, the offer would have been accepted. If this had been any anonymous person off the street, the offer would have been accepted. If this had been Bill or Hillary Clinton, the offer would have been accepted. But its Rush Limbaugh, so the democrat crapola machine swings into gear.

[deport]

http://www.freerepublic.com/focus/f-news/1063830/posts?

Comments....... from different article at the above..

[tcuoohjohn]

I think you are right. Rush is still in denial. He thinks he has a " medication administration problem". He has this notion that he is different than any other junkie. The only functional difference between Rush and a junkie in East harlem is Rush has money. From a medical and pharmacological point of view there is no difference.

[Reaganwuzthebest]

Prosecutors rejected a proposed deal offered by Rush Limbaugh's attorney that would have seen the radio commentator enter a court-sponsored drug intervention program rather than face charges, according to records.

Rush would probably do well if it ever goes to trial. Lots of people can relate to addictions of one sort or another, I'd bet any money he be acquitted. Especially since he made an attempt at rehabilitation.

[tcuoohjohn]

I don't know about that. It is a heavily liberal area. Lots of problems with drugs particularly oxycontin deaths.

If Roy Black thought he had this one in the bag be wouldn't be dealing. He would be laughing at the prosecutors and telling them to file. See you in court. He did that with William Kennedy Smith and Marv Albert. But not with Rush.

[Wild Irish Rogue]

" In an attempt to head off charges, Limbaugh's attorney, Roy Black, wrote prosecutors on Dec. 11 to suggest that his client enter a court-sponsored drug intervention program without a guilty plea."

Is a drug intervention program the same as rehab or is it a post treatment counseling and monitoring situation ?

[OldFriend]

Right about now Rush needs some real friends, not people who make their living off him.

[tcuoohjohn]

Think your right. Sometimes the best friends you have are the ones who will give you a verbal kick in the ass by telling you the truth. The problem is nobody wants to tell the Gravy Train the truth for fear of being kicked off the gravy train.

[PokeyJoe]

So, who do we sue on the other side of the isle? Tit for Tat.

[tcuoohjohn]

Believe it is the latter. Part of the Florida Pretrial Intervention Program. Normally it is used in youthful offender situations.

[tcuoohjohn]

This is a criminal case not a civil trial.

Who does Rush sue?...I dunno.

[ATOMIC_PUNK]

Comments ?

Yes this is a BS WITCH HUNT and everyone knows it hes went through rehab give him a drug test if hes still on the drugs PROVE IT that way this doctor shopping crap is done by so many people its not funny but let a guy like rush do it and WHOOOO HOOO we got us a case boys lets fry the Conservative

There ain't one person out there truthful enough to tell they were doing it especially if they were in excruciating pain they would be screaming and scratching to get the drugs .

And don't get me wrong i don't condone actions of doctor shopping but i also know what pain can do to people physically and mentally as well and back pain can be some of the worst since your back holds everything else in proper form .

[sinkspur]

From a medical and pharmacological point of view there is no difference

That's true only if a Harlem junkie has a back problem and is taking pain pills.

What a silly comparison.

[Reaganwuzthebest]

If Roy Black thought he had this one in the bag be wouldn't be dealing.

Then if Rush is hesitant to go to trial like it or not he may have to take the probation deal. It doesn't look like the prosecutors are going to give in.

[Born Conservative]

[tcuoohjohn]

I see that you too are in denial. Addiction to opiates is addiction to opiates. They treat the addicted " back patient" with the exact same treatments they treat the junkies from east harlem. Different furniture perhaps but that is peripheral. Please note my use of the terms medical and pharmacological to the exclusion of sociological and economic.

[Mike4Freedom]

If this had been any anonymous person off the street, the offer would have been accepted.

No it would probably not have been accepted. Prosecutors apparently get Brownie points for locking up the maximum number of people and common sense and justice have nothing to do with it. Rush already got plenty of benefit from his fame. After all, the investigation was not carried out at 4 AM by the local SWAT team.