Limbaugh - Not Guilty

[Dr. Shane]

I first heard this story on FOXNews although they didn't spin it like the Drudge Report has. However both versions have the same facts.

Settlement Agreement Ends State Investigation of Rush Limbaugh

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"I am pleased to announce that the State Attorney’s Office and Mr. Limbaugh have reached an agreement whereby a single count charge of doctor shopping filed today by the State Attorney will be dismissed in 18 months. As a primary condition of the dismissal, Mr. Limbaugh must continue to seek treatment from the doctor he has seen for the past two and one half years. This is the same doctor under whose care Mr. Limbaugh has remained free of his addiction without relapse.

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“Mr. Limbaugh had intended to remain in treatment. Thus, we believe the outcome for him personally will be much as if he had fought the charge and won.”

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This is perhaps the most publicised case of prescription drug abuse since the death of Elvis. I feel for Rush a little because I am a recovered drug addict too and I was also arrested and had a case drug through the courts for over a year just to have the charges dismissed too.

[Stan]

From CNN

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-- Rush Limbaugh arrested on prescription drug charges and released on bail, law enforcement officials in Florida, tell AP.

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[Dr. Shane]

The way it was reported on FOXNews was that Linbaugh's lawyers came to an agreement with the prosecuters's office which included him turning himself in and being arrested. His arrest was reported to be part of the agreement. He turned himself in and was promptly released on $3,000 bail.

[Neil D]

Hmmmmm......

[:"green"] “As part of this agreement, Mr. Limbaugh also has agreed to make a $30,000 payment to the State of Florida to defray the public cost of the investigation. The agreement also provides that he must refrain from violating the law during this 18 months, must pay $30 per month for the cost of “supervision” and comply with other similar provisions of the agreement. [/]

Sure, the "...charge is being held in abeyance under the terms of an agreement between the State and Mr. Limbaugh." but it doesn't sound like he got off scot free. He's paying money, $30K worth of money to "defray costs of the investigation"...You don't do that unless you are guilty or the charges can stick.

This sounds like spin,...professional spin....

[Dr. Shane]

I don't see how Limbaugh could have hoped for a better result. The state went into his doctors' offices and took records without a warrent. His lawyers argued that was an unconstitutional search and seazure since there was no warrent and violated the doctor/patient priviledge. It went up to the Florida Supreme Court and they ruled in favor of the state. Thus (this is important) even with all his medical records, the state didn't have a case and is dismissing the charges.

A proscuter's office always has to get something to feel they haven't completely wasted the tax payers' money. $30k isn't enough to cover all the expenses they incurred with their witch hunt and $30k to to Rush Limbaugh is like 50¢ to us - not even a slap on the wrist. I had to do some silly thing as a condition to get the charges dropped in my case too. If the state would have had a case, the charges wouldn't be getting dismissed. The prosecuter is a Democrat and was a big wig in Gore's campaign. Limbaugh would be a very nice trouphy for him. The charges are being dismissed because the state has no case.

[Neil D]

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The charges are being dismissed because the state has no case.

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That statement is an absolute, and the facts don't necessarily support your statment.

If the state had no case, then Rush would NOT have had to pay the $30k at all.

As it is, there is some sembelance of truth in the allegation, to which, the republican PR manchine is putting the best spin on it.

And you have bought that hook, with the line and the sinker complete with pole...

Oh well... that's your problem, not mine...

[Dr. Shane]

The original story was that Rush was buying presciption drugs illegally from his gardener. Then it became that he was doctor shopping. Since the Florida Supreme Court allowed the DA to raid Limbaugh's doctors' offices and take all his records and they were still not able to make a case against him, I would say that means there was no case to be made.

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If the state had no case, then Rush would NOT have had to pay the $30k at all.

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That is erroring logic. That would also mean that Bill Clinton had to be guilty of exposing himself to Paula Jones and asking her for oral sex since he later paid her to drop her court case against him.

All it means is that it was cheaper than the other options. Rush Limbaugh could have let the case go to a jury but that would have been more expensive. Bill Clinton could have done the same thing but that too would have been more expensive.

[Neil D]

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The original story was that Rush was buying presciption drugs illegally from his gardener. Then it became that he was doctor shopping. Since the Florida Supreme Court allowed the DA to raid Limbaugh's doctors' offices and take all his records and they were still not able to make a case against him, I would say that means there was no case to be made.

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Since the case never went to court, what makes you think you know all the facts of the case? You dont know how the procecuter was to present the facts of his case. And until the case goes to trial, I never know exactly what facts are going to be made public record or not...So admit it, you just plain don't know all of the facts.

The allegations will stand however, but the charges are to be dropped. Limbaugh has never been cleared of the allegations. The prosecutor, for whatever reasons, refused to prosecute the case. Usually, this is due to a couple of reasons...The prosecuter has a weak case or no case. If the charges were unfounded or he has no case, the posecuter will usually seek more evidence and bide his time until more evidence comes to light. Since this did not happen, we can assume a weak case, where evidence could convict, but other circumstances would weaken the case against Rush. If there is an empass, or no further evidence forthcoming, then the prosecuter will seek a deal. And there is a deal done, according to Drudge. It looks as if the prosecutor, wanted to keep Rush out of jail, opted for reimbursement of legal costs.

OTOH, Rush, having gotten a heavey dose of "Homeland security" ruling against him [where the Florida Supreme Court allowed the seizure of private records betweeen doctor and patient privilage], and the ACLU [whom Rush is usually lamblasting on his radio program] came to his rescue and manaaged to deal with the prosecutor this fine, rather than going to court and possibly getting jail time and losing his show.

[Neil D]

Limbaugh Reaches Settlement In Prescription Drug ChargesThe radio talk show host was arrested this afternoon in West Palm Beach, Florida, then released on bail

West Palm Beach, FL, April 28, 2006 - Rush Limbaugh and Florida prosecutors have worked out a deal that could end the longrunning fraud case involving prescription painkillers.

Limbaugh was booked on a single charge that was filed Friday, said Teri Barbera, a spokeswoman for the Palm Beach County Jail. He left about an hour later, after Limbaugh was photographed and fingerprinted and he posted $3,000 bail.

The radio giant's agreement to enter a diversionary program ends a three-year state investigation that began after Limbaugh publicly acknowledged being addicted to pain medication and entered a rehabilitation program.

Prosecutors accuse him of "doctor shopping," or illegally deceiving multiple doctors to receive overlapping prescriptions. They learned that he received about two-thousand painkillers, prescribed by four doctors in six months, at a pharmacy near his Palm Beach mansion.

Limbaugh pleaded not guilty Friday to a charge of fraud to conceal information to obtain prescriptions. Though he steadfastly denies doctor shopping, the charge will be dismissed in eighteen months if Limbaugh complies with court guidelines, his lawyer Roy Black said.

"Mr. Limbaugh and I have maintained from the start that there was no doctor shopping, and we continue to hold this position," Black said in an e-mailed statement.

Limbaugh spokesman Tony Knight said the commentator signed the agreement Thursday, and that it called for him to enter the not guilty plea. "It's not in the system moving toward trial. It was all a formality. It's a concluded deal," Knight said.

Mike Edmondson, a spokesman for the state attorney's office, said prosecutors had not yet received the signed agreement.

"I am not disputing the facts, the conditions that Black represented, but until his client signed the agreement, we don't have a full agreement," Edmondson said. "I am sure it's just a timeline issue." He refused to comment further.

As a primary condition of the dismissal, Limbaugh must continue to seek treatment from the doctor he has seen for the past 2½ years, Black said. Among other provisions, he also has agreed to pay the state $30 thousand to defray its investigative costs, Black said.

The warrant alleges that sometime between February and August 2003, Limbaugh withheld information from a medical practitioner from whom he sought to obtain a controlled substance or a prescription for a controlled substance.

Prosecutors began investigating Limbaugh in 2003 after the National Enquirer reported his housekeeper's allegations that he had abused OxyContin and other painkillers. He soon took a five-week leave from his radio show to enter a rehabilitation program and acknowledged he had become addicted to pain medication. He blamed it on severe back pain.

Before his own problems became public, Limbaugh had decried drug use and abuse and mocked President Clinton for saying he had not inhaled when he tried marijuana. He often made the case that drug crimes deserve punishment.

"Drug use, some might say, is destroying this country. And we have laws against selling drugs, pushing drugs, using drugs, importing drugs. And so if people are violating the law by doing drugs, they ought to be accused and they ought to be convicted and they ought to be sent up," Limbaugh said on his short-lived television show on Oct. 5, 1995.

Prosecutors seized Limbaugh's medical records after learning about the painkillers he had received at the Palm Beach pharmacy. The investigation was held up as the prosecutors and Black battled in court over whether the records were properly seized.

Limbaugh reported five years ago that he had lost most of his hearing because of an autoimmune inner-ear disease. He had surgery to have an electronic device placed in his skull to restore his hearing. But research shows that abusing opiate-based painkillers also can cause profound hearing loss.

[:"blue"] Here is the "liberal " ABC news source ["liberal" said in a mocking tone] [/]

[Dr. Shane]

Judge Napolitano said this deal completely vindicates Rush Limbaugh and that Rush couldn't have hoped for a better deal.

Most of these prescription drug cases never get prosecuited when the addict enters treatment on their own. In Fact, there was a judge in Rush Limbaugh's own county in Florida that resigned because of drug addiction to the same prescription drug and he was not prosecuited.

Prescription drug abuse is not the same as street drug abuse. Those that get hooked on street drugs start out by breaking the law. Those that get hooked on prescription drugs start out by following a doctor's order. I am a recovered drug addict that was addicted to street drugs. Over the past 20 years I have known many prescription drug addicts from the recovery groups I have and continue to be active in. Many are upstanding and respectable citizens that just get hooked on the drugs their doctors gave them. The street addict tends to fit the oppostie profile. We tend to be rebels that take more from society than we give.

[olger]

This whole deal sound like an overdeveloped sense of nosiness.

Hydrocodone (one of the drugs) is not a big deal at all. I used to get them for migraine headaches, and they at best only work so-so. I still have a bottle of them in my desk drawer that the doctor gave me when I broke my left ankle (dirt bike jump).

gcw

[Bravus]

Well, it's an issue because (a) Rush obtained them illegally and fraudulently and ( he's a blowhard who has repeatedly said on his show that drug users should be locked up and the key thrown away.

[Neil D]

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Bravus said:

Well, it's an issue because (a) Rush obtained them illegally and fraudulently and (

he's a blowhard who has repeatedly said on his show that drug users should be locked up and the key thrown away.

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If there is anything that news editors like to show, it's the hypocracy of the moralistic talking heads. ...Cause it's tabloid news and it makes money and attracts readers/viewers...

Now, people are cutting Limbaugh slack, even though he has called for prison terms for drug abusers. Yeah know, if you set the bar that high, you had better tow the line otherwise you are just as worthless as the guy you denigrate...

[Dr. Shane]

We don't know that Rush obtained the drugs illegally or fraudently. However that is a likely possability but since the charges are being dismissed, there obviously wasn't enough evidence to prove it.

Taken in context, Rush has criticised street drug addicts and after he became addicted to prescription drugs himself, I am not aware that he even criticized street drug addicts. But if we allow others to put us under a microscope, how many of us wouldn't be hypocrits.

[Bravus]

Here's what a friend who is in law enforcement said: </font><blockquote><font class="small">Quote:</font><hr />

in Washington and many other states, that outcome would actually be pretty typical. Prescription drug- and alcohol-related crimes often result in what's called a "deferred prosecution" or "pretrial diversion." If the defendant pays a couple grand in fines, including $500-$2000 or so to the investigating agency, completes a substance abuse program, and complies with the terms of their probation, then the charges are dropped (usually in 24 months in Washington). It's pretty much the result of jail overcrowding, not any kind of high-minded decision to treat drug abusers rather than punish them. Most of the abuse programs available for the non-rich are pretty crappy, and have poor records for actually getting people off drugs.

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So I wouldn't be so sure there wasn't enough evidence to make the case. A deal was made.

[Dr. Shane]

That is typical. BUT what is not typical is that the prosecuter is a major Florida Democrat that worked on Gore's campanin. (We do remember Gore and Florida - right?) What is not typical is the suspect is one of the major mouth-pieces for the Republican party. What is not typical is that his doctors' offices and pharmarcy was raided without warrants. What is not typical is that the case goes all the way to the state's Supreme Court. So this was not a typical case.

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It's pretty much the result of jail overcrowding, not any kind of high-minded decision to treat drug abusers rather than punish them.

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That seems more like opinion than anything else. I think it has more to do with the crime. Low-level street drug addicts are punished despite prison overcrowding. Prescription drug addicts are treated different as it is a different crime.

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Most of the abuse programs available for the non-rich are pretty crappy, and have poor records for actually getting people off drugs.

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I can't disagree with that more. I went through treatment myself and have known hundreds of others that have too. I currently have 20 years of being clean and sober. In that time I have known doctors, lawyers, clergy, business owners, CEOs and even one major Hollywood actor that later became a congressman. The rich and upper class have no greater rate of success than do the poor and lower class. Praise the Lord for that since I fall into the later catergory.

[Neil D]

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That is typical. BUT what is not typical is that the prosecuter is a major Florida Democrat that worked on Gore's campanin.

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Oh...You mean that THIS fact is a MAJOR factor in Rush's deal? YOU mean that this democrate went out and researched Rush's background and found this little thing in Rush's life and made a mountain out of a mole hile?

Me thinks you have blinders on...Perhaps your making excuses for drug addition because Rush is a Republican and a major mouth piece for the republicans.

Society knows that prescription drug abusers, if sentenced in jail, CAN [not necessarily WILL] learn the ways of harden criminals, and we just don't need to make more harden criminals out of pansy people of the entertainment industry like Rush. That is why prosecutors perfer deals like the one that Rush made, with drug rehibilitation on the agreement table. It shows if Rush is truely out to get rehabilitated or just doing it for show. Apparently, Rush is out to do it for real.

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That seems more like opinion than anything else. I think it has more to do with the crime. Low-level street drug addicts are punished despite prison overcrowding. Prescription drug addicts are treated different as it is a different crime.

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Which is a judgement call on the prosecutor...Of course, if the prosecutor is prejudiced, he will opt for jail time over rehab. Since our prosecutor was a MAJOR contributor [according one very informed source on ClubAdventist], the prosecutor elected rehab over jail time...

[Dr. Shane]

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YOU mean that this democrat... found this little thing in Rush's life and made a mountain out of a mole hill?

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That is what Judge Napolitano said who is far from a Republican mouth-piece himself. And since Rush had the ACLU on his side, that speaks volumes too.

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Perhaps your making excuses for drug addiction because Rush is a Republican and a major mouth piece for the republicans.

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If I am making excuses for Rush it is because I too am a recovered addict and victem of false arrest.

Now I did subscribe to Rush 24/7 when he went to drug rehab as a way of showing him some support. But I don't listen to him much and hardly visited his website the year I was a subscriber so I didn't renew my subscribtion.

[Dr. Shane]

Rush Limbaugh Donates $250K for Cancer Cure

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Top talk radio host Rush Limbaugh has donated $250,000 to the Leukemia and Lymphoma Society as part of his annual fundraising broadcast to cure the dreaded disease.

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"What's amazing about this is we do it one day a year, and we don't even go all three hours wall-to-wall with it," he told his audience on Friday. "The amount of time that we spend on this in the course of the three hour [broadcast] may add up to 30 to 45 minutes."

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