Prosecutors Reject Limbaugh Proposal

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

[tcuoohjohn]

I think he has attempted to do that on his radio show and via his website. He recently stated that the PBC prosecutors were dancing on their SUV's when they released the documents. ( not actually...they used a fax machine.) The image analogy between the PBC prosecutors and Micheal Jackson is a rather strained one and suggests to me a level of desperation rather than a well thought out strategem. Sometimes Rush can be his own worst enemy in this regard.

[tcuoohjohn]

Yes....Roy Black charges 600 bucks an hour I believe and I am sure that he has a rack of lawyers working on this one who bill at lesser rates. A Million or so is not an unreasonable total.

The question is does Rush which to dodge the costs and risks in return for a single count guilty plea and no jail time and the opportunity for expungement in three years.

[RS]

"Not really...An attorney cannot make plea offer without the consent of his client."

Right... and Black said that there was no plea bargining going on, so I guess he did not need any permission from Rush...

[RS]

"Roy Black is a very good lawyer." "The timing of the request was very fortuitous for the States's Attorney's office."

Hey Roy ! Landmark Legal Foundation just filed to release correspondance regarding Rush which includes your letters about his plea bargain !

Roy Black ... " Doh ! "

[tcuoohjohn]

Yes....I think that falls under the category of " Hoist by Your Own Petard". One thing you can say about the PBC State's Attorneys Office...they aren't stupid and they do have a sparky sense of humor.

[tcuoohjohn]

Yes...However the documents themselves tend to make Roy Black's statements come a cropper.

[AlwaysLurking]

http://home.hpphoto.com/servlet/LinkPhoto?GUID=1b7d416b-15b8-5ff3-1920-70043582308a&size

[Wild Irish Rogue]

" Will Rush plea to a single felony count?..my guess is yes after he has exhausted every other avenue."

What other venues does he have left-other than hoping that public opinion will force the SA to shut down the investigation and go away ? He can't give up anyone higher-we assume. If the SA won't come down off the felony,I don't see what negotiating strategies Black has left-maybe he is trying to get the probationary period shortened.After reading the affidavit for the search warrrant,they have Rush getting overlapping prescriptions for narcotics, from different doctors,different specialties,sometimes in one week.I don't know how Roy Black explains that away. Any idea if the SA can subpoena out of state medical records ? Or if other jurisdictions have similar investigations open ? Personally,I can't see Rush agreeing to this deal,because he's Rush.Especially after the taunts he has made on air,at the SA. I don't think Rush wants the word felony,associated with his name in any way,especially in an election year. There might even be contractual considerations.I think he will take his chances with a jury,either out of denial or hubris. Guess we'll see who blinks first.

[tcuoohjohn]

You may well be right. The negotiations are now on peripheral matters as you suggest..eg..length of probation. Expungement offers. The SA's office will accept nothingless but a single count plea to a 3rd degree felony. From what I see the SA office has ample evidence. The only hope that Rush has of beating it is he wins his appeal to keep the records sealed. Highly unlikely in my view. Under that theory privacy trumps the probative value of evidence in a criminal trial. If it was upheld then every criminal would claim a presumptive privacy right to exclude evidence that implicated him in a crime. Ironically, it was Rush who touted Judge Bork's line that the right to privacy is illusory.

Can the SA subpoena out of state records? He can but the responding state is not obligated to comply in the absence of a reciprocity agreement I believe.

As to the taunts. I think Rush a major mistake by going the lots of yucks route over this issue. It went too far and got the SA's office backs up. He should have let Roy Black handle the attack stuff. Rush began serving as his own attorney which, as the maxim suggests, is very foolish. When Rush made the analogy between Krischer and Micheal Jackson I think he burned his bridges behind him. It was cheesy and disreputable. I suspect he regrets it now. When this bit of visual doggeral appeared it got waay out of hand

http://home.hpphoto.com/servlet/LinkPhoto?GUID=1b7d416b-15b8-5ff3-1920-70043582308a&size

What happens?...I think Rush will plead to a single count third degree felony and get a shortened probation period ( 18 months instead of three years.) Probably a private drug monitoring regimen with reports to the court. Rush will be given some flexibility on his community service.

Walk on the felony charge?...not now.

The question is which is worse..a simple felony plea and move on...or a trial in which the SA's office will drop the whole boatload ( 10 counts) on him. He might win...he might not. If he doesn't win he is gonna do 100-120 days in the county jail plus he is a felon.