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Florida Supreme Court refuses to hear Rush Limbaugh appeal

By JILL BARTON
Associated Press & sun-sentinel.com
Posted April 28 2005, 6:18 PM EDT

WEST PALM BEACH -- The Florida Supreme Court said Thursday it will not consider an appeal from conservative commentator Rush Limbaugh over prosecutors' seizure of his medical records during an investigation into whether he illegally purchased painkillers. The 4-3 order did not explain the court's reasoning.

Limbaugh's attorney had argued that an appeals court misconstrued Florida law when it ruled prosecutors could obtain the records with search warrants.

Prosecuters seized Limbaugh's medical records in 2003 for an investigation into whether he illegally purchased prescription painkillers, but they have remained sealed, pending the outcome of Limbaugh's appeals. Investigators allege that Limbaugh ``doctor shopped,'' illegally visiting multiple doctors to receive duplicate prescriptions.

Limbaugh, who has not been charged with any crime, lost at the appellate court level and wanted the Florida Supreme Court to overturn a ruling that would open his medical records and possibly allow prosecutors to build a case against him.

The court said it would not consider any motions for a review of the order, so it was unclear whether Limbaugh has any further legal recourse to stop the investigation.

Mike Edmondson, a spokesman for the Palm Beach State Attorney's Office, described the case as an ``ongoing criminal investigation.'' He would not say how soon prosecutors might review the medical records, which are being held by the court, and declined further comment.

Limbaugh has maintained his innocence throughout the investigation and argues that the case threatens the privacy rights of all Floridians -- a point which has drawn the support of the American Civil Liberties Union.

Howard Simon, executive director for the Florida ACLU, said the case reaches beyond the Limbaugh investigation.

``The consequences of this ruling affect the privacy of medical records for every person in Florida,'' Simon said. ``Some of the most personal things in our lives are contained in our medical records and if they're not related to what a government agency is investigating, then it should remain nobody's business.''

Limbaugh's attorney, Roy Black, said in a statement that Limbaugh should not have to sacrifice his privacy to prove his innocence.

``He has not been charged with a crime, and he should not be charged. His medical records will show that he received legitimate medical treatment for legitimate medical reasons,'' Black said in the statement. ``Only those who have suffered the long-term agony of chronic, severe pain will understand what Mr. Limbaugh was going through and why the appropriate medical treatment for his pain was so important.''

Limbaugh acknowledged his addiction to pain medication in October 2003, blaming it on severe back pain, and took a five-week leave from his radio show to enter rehab.

He has accused Palm Beach County State Attorney Barry Krischer, a Democrat, of leading a politically motivated investigation against him and labeled it ``a fishing expedition.'' He took a break from his afternoon radio show on Thursday for a doctor's appointment and made no comment about the ruling. The show has 20 million listeners a week and is heard on nearly 600 radio stations.

Krischer's office began investigating Limbaugh in early 2003 after prosecutors met with Limbaugh's former maid, Wilma Cline. She told them she sold Limbaugh ``large quantities of hydrocodone, Oxycontin and other pharmaceutical drugs in Palm Beach County over the course of many years.''

Cline provided investigators with e-mails and answering machine recordings to support her claims and sold her story to The National Enquirer.

Prosecutors went after Limbaugh's medical records after learning that he received about 2,000 painkillers, prescribed by four doctors in six months, at a pharmacy near his Palm Beach oceanfront mansion.

They used search warrants to obtain records from doctors in Florida and California -- an action that Limbaugh argued was too invasive.

Assistant State Attorney James Martz insisted that giving Limbaugh notice of their plan to seize the records would have compromised their investigation. He said the Legislature has protected law enforcement's ability to conduct criminal investigations.