Prosecutors Reject Limbaugh Proposal

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

[tcuoohjohn]

Orlando Sentinel and Miami Herald aren't exactly liberal papers. Compared to the Washington Times perhaps.

[tcuoohjohn]

Actually not. Florida has a Sunshine law. Communication between a client and his attorney are protected while communications between defense attorneys and prosecutors aren't. They are handled similarly to court motions.

[greasepaint]

Thanks.
Have these documents been posted on the 'net?

[SubMareener]

Roy Black Comments on the State's Release of Confidential Correspondence


Miami, FL – January 23, 2004 – Roy Black, attorney for Rush Limbaugh, issued the following statement today regarding confidential correspondence that was released to the media by Palm Beach State Attorney Barry Krischer.

“My letter to Mr. Krischer regarding Mr. Limbaugh’s case asked that Mr. Limbaugh be afforded the treatment anyone else would receive. The State's response was preposterous, but consistent with their double standard in this case. The facts are: Mr. Limbaugh went to these doctors to relieve chronic, intractable pain; there was no doctor shopping. Mr. Limbaugh never considered accepting the State’s ludicrous offer. He was not going to plea to something he did not do. We sent them a letter suggesting Mr. Limbaugh be treated in a similar manner that others had been treated. They responded with a preposterous offer. Discussions ended at that time. At no time was there ever a plea agreement of any kind.

"What the records don’t show is that before we could draft a letter responding to the State, we received a phone call from a newspaper reporter, as a result of a leak by the State Attorney’s office, asking us whether Mr. Limbaugh had agreed to enter a plea. As I told the court last month, we think the State Attorney’s Office should be investigated for journalist shopping.

"What is most troubling here is the continued violations of Florida law and bar ethics by the State Attorney’s Office. One need look no further than the bold caption on top of my letter alerting everyone to the confidential nature of the communication. The disclosure of these highly confidential communications violates the Florida statutes, the rules of procedure and evidence, and the Florida Bar Rules governing professional conduct. Because the State has no case against Mr. Limbaugh they continually seek to discredit him in the media.”

[tcuoohjohn]

Yes...it is ironic that Rush called Roy Black "the mouthpiece for liberal criminals" in 1997. So who does Rush hire?..Roy Black.

[tcuoohjohn]

Sounds like Fine Lawyerly Wafflese to me...


Defense and Prosecuting attorneys do this..One offers ..the other accepts or rejects..then a counter offer..it is either accepted or rejected. Called plea negotiations. If they reach an impasse it goes to trial. Or they renegotiate..

Not real complex..

[tcuoohjohn]

Actually Roy Black is a very skilled attorney. As a advocate for his client he will fill the airwaves with tons of accusations about Rushes prosecutors.

What you don't see is Roy Black filing an ethics complaint with the Florida Bar do you?..Now that should tell you something shouldn't it?

[Wissa]

I don't think a partisan prosecutor should be able to use the full force of government to go after somebody just because he views that person as his political enemy. This case reeks of it.

I fear people in positions of power with no controls more than I fear an addict guilty of no other crime than buying drugs.

[par4]

Based on the dates cited, I see this as something else. In my opinion, if Rush is truly in rehab and off the pills, then his best and least expensive course is to ask for counseling and just stay clean. Roy Black's services are now no longer necessary and, as long as Rush stays clean, the case is over.

Instead, since the prosecutor refused the bargain, then Rush is forced to go the long route; let the prosecution present their case to a grand jury, indict and go to trial.

Given the cost of legal servides, I would think that anyone who was really off the meds would take the deal just to save the millions that a long trial will cost.

[tcuoohjohn]

Don't Think so...They were described by the Orlando Sentinel and Miami Herald and then AP picked up the story.

You might find them at smoking gun...I wouldn't be surprised.

[laweeks]

Who would have thought a year ago, that there'd be any connection between Rush and illegal drug purchases, purchases of illegal drugs, money laundering, doctor shopping, pills spilling out of over-turned golf bags, rehab only after getting caught, and groping of household employees to look for transmission wires? Not even that psychic fraud Sylvia Brown (or whatever her name is) predicted this.

And who'd have ever thought that devoted conservative fans would have to holler about unfair prosecution and other liberal blather like that to defend Rush's disgusting behavior? I'm appalled at the continued adoration of such a loser and his revolting behavior.

The libs are having a ball splashing Rush's nonsense all over the tube, newspapers, scandal mags, and other media . . . very much like the orgy they're having with the homosexual reprobates in the Catholic Church's scandals. They're feasting!

[PokeyJoe]

so proximate communication

[Tulsa Brian]

Rush's hiring of this guy has had me going "hmmmmmm" since I first learned of it. I guess Roy Black's rep improved exponentially to Rush's legal troubles...

[tcuoohjohn]

well...If Roy Black revealed privileged conversations ( Rush- Black) to the prosecutors then Rush could sue Black for violating attorney client priviledge. But communications between a defense attorney and a prosecutor are not privileged under Florida law. They can be requested under the Florida Sunshine Law.

Discussions among prosecuting attorneys are privliged as are discussions among Rushes defense attorneys.

[tcuoohjohn]

There is an old line from a TS Eliot poem

"Between the concept and the reality falls the shadow."

I suspect that conceptually Roy Black was anathema to Rush Limbaugh. Rush Limbaugh's reality however created a huge shadow that compelled him to seek out Roy Black.

[RS]

They are on the gun, but I didn't see a link to it yet -
Here you go -

http://www.thesmokinggun.com/graphics/art3/rushletters1.gif

http://www.thesmokinggun.com/graphics/art3/rushletters2.gif

http://www.thesmokinggun.com/graphics/art3/rushletters3.gif

http://www.thesmokinggun.com/graphics/art3/rushletters4.gif

[SubMareener]

Actually, Roy is calling for CRIMINAL prosecution of the known leaker. So that kind of trumps filing an ethics violation complaint.

[gonzo]

"..."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..."

There has to be a tree and a rope somewhere just waiting for this a$$hole!

"...Frankly I don't think this story can be trusted. The DA is leaking to the liberal papers for propaganda purposes, and neither he nor the reporters can be trusted..."

You're spot-on about the DA and his office, Cicero. My feeling is that the DA originally thought he had an ironclad 'drug' case on Rush, and gleefully leaked garbage to the press.

Now, he's down to something called 'Doctor-Shopping', which is probably not illegal, at least it isn't for me.

The DA's problem is now complicated by the liberal sharks circling in the water. If he can't deliver Rush, they'll devour him.................FRegards

[greasepaint]

[ FReeper Confidential,
pursuant to FR 3.172(b) ]
/
/
/
Is that stuff legit?
WTF is frcp 3.172(b) and fs 90.408 ?