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Prosecutors seek Rush records

Limbaugh's medical records have been sealed since shortly after they were seized in 2003.

By wire services
Published May 22, 2005


PALM BEACH - Assistant State Attorney James Martz filed court papers Friday asking a judge to return Rush Limbaugh's medical records after appellate rulings upheld the legality of the seizures.

Prosecutors want to use the medical records in pursuing a criminal investigation into allegations that the Palm Beach resident illegally stocked up on prescription painkillers. Limbaugh, 54, maintains his innocence.

A court hearing is set for 8:30 a.m. Monday in front of Palm Beach County Circuit Judge Jeffrey Winikoff.

Prosecutors seized Limbaugh's medical records in November 2003 from four doctors. Limbaugh's attorneys argued the records were obtained illegally by search warrant.

Winikoff granted prosecutors access to the records on Dec. 23, 2003, but resealed them the next day when Limbaugh's attorneys appealed. The records have remained under seal since then.

The 4th District Court of Appeal last year rejected Limbaugh's argument that the records were obtained illegally. The Florida Supreme Court last month cleared the way for prosecutors to use the records.

[Last modified May 22, 2005, 01:06:16]


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