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Prosecutors file motion to open Rush Limbaugh's medical records

By PETER FRANCESCHINA
sun-sentinel.com
Posted May 20 2005, 12:00 PM EDT
 
WEST PALM BEACH – Prosecutors with the Palm Beach County State Attorney's Office have filed a motion to obtain conservative radio talk show host Rush Limbaugh's medical records.

A hearing has been scheduled for 8:30 a.m. Monday in front of Palm Beach Circuit Judge Jeffrey Winikoff.

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Winikoff is the judge who first granted prosecutors access to the records in December 2003. Limbaugh's attorneys appealed, and the records have been sealed since then and are in Winikoff's possession.

Limbaugh's attorney's are expected to ask Winikoff to review the records privately to determine which are relevant to the investigation.

Last month, the Florida Supreme Court denied an appeal from Limbaugh, removing a hurdle for prosecutors to use the talk show host's medical records as they investigate his prescription drug use.

The court, in a 4-3 decision, declined to review the case, letting stand a lower court ruling that the medical records were seized legally. The two-paragraph decision denied a rehearing, leaving Limbaugh with few, if any, options for appeal.

Prosecutors used search warrants to seize Limbaugh's medical records in 2003 as they investigated whether he "doctor shopped," illegally visiting multiple doctors to receive duplicate prescriptions. Limbaugh has not been charged with a crime.

...yet

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