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Limbaugh Records Hearing to Go Ahead

November 08, 2005|From South Florida Sun-Sentinel

FORT LAUDERDALE, Fla. — The battle over conservative radio talk show host Rush Limbaugh's medical records continued Monday, with Palm Beach Circuit Judge David F. Crow denying a request by Limbaugh's attorneys to postpone a hearing set for today.

Limbaugh attorney Jackie Perczek told the judge that power outages caused by Hurricane Wilma handicapped the attorneys' abilities to work on the case, in which prosecutors are investigating whether Limbaugh illegally purchased painkillers.

Limbaugh's attorneys will ask the judge to order the state to disclose the source of a purported leak about Limbaugh's medical records as well as the names of anyone who has had access to the medical records. Limbaugh's motion for contempt argues that in late September, the state provided information about the medical records to the Daily Business Review.

Limbaugh's team also requests the return of his medical records "to ensure that 'sources close to the investigation' do not leak them again," according to the motion filed by Limbaugh's lead attorney, Roy Black of Miami.

Limbaugh, who lives in Palm Beach, has not been charged with any crimes. He has been under investigation since 2003 to determine whether he secretly obtained overlapping prescriptions for controlled drugs -- a felony known as "doctor shopping."

Also today, the state will ask Crow for permission to interview Limbaugh's doctors and their employees. The court previously ruled that prosecutors couldn't question Limbaugh's doctors without first notifying the talk show host, thus providing Limbaugh's lawyers with a chance to fight subpoenas and raise privacy concerns.

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