Judge passes off Limbaugh medical records

WEST PALM BEACH - For at least a few more days, radio commentator Rush Limbaugh's medical records are sealed to prosecutors investigating whether he illegally purchased painkillers.

Circuit Judge Jeffrey A. Winikoff decided Thursday to transfer the sealed records to another judge, who will decide how prosecutors will review them.

Limbaugh has lost repeated court battles to keep the records sealed but his appeals have stalled the investigation for more than 18 months.

It was not clear Thursday when the second judge might rule.

Limbaugh's attorney, Roy Black, has urged the court to privately review the records before handing over approved portions to prosecutors. He insists that the records contain privileged information on matters unrelated to the state's investigation.

Prosecutors say the records contain information that Limbaugh engaged in "doctor shopping," or illegally deceiving multiple doctors into issuing overlapping prescriptions.

They seized the medical records in 2003 after learning that Limbaugh received about 2,000 painkillers, prescribed by four doctors in six months, at a pharmacy near his Palm Beach mansion. They said search warrants were used to ensure the records were not tampered with or destroyed.

Limbaugh appealed the seizure, arguing that the case threatens privacy rights of all Floridians. He lost at the circuit and appellate court levels, and the Florida Supreme Court declined to hear the case.

Assistant State Attorney James Martz has urged the court to resolve the matter quickly so the investigation can continue.

"There's not an investigation in criminal law that gets better with time. This thing has been protracted and protracted and protracted," he said during a Tuesday hearing before Winikoff.

Neither prosecutors nor Limbaugh commented on the Thursday ruling.

Limbaugh has not been charged with a crime and has maintained his innocence throughout the investigation.

In 2003 he acknowledged an addiction to pain medication, attributing it to severe back pain. He took a five-week leave from his afternoon radio show to enter a rehabilitation program.

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