Florida high court refuses to hear Limbaugh appeal By JILL BARTON Associated Press Writer WEST PALM BEACH, Fla. — 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 review the records.
Prosecutors seized Limbaugh's medical records in 2003 for an investigation into whether he illegally purchased prescription painkillers, but they have remain 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.
It was unclear whether Limbaugh has any further legal recourse to stop the investigation. Limbaugh's spokesman, Tony Knight, said attorneys were considering their legal options.
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.
He 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.
Limbaugh 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."
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.