October 4, 2005

 

Mr. Barry Krisher, State Attorney

Palm Beach County

401 North Dixie Highway

West Palm Beach, FL 33401

 

BY FIRST CLASS MAIL AND FACSIMILE

 

Dear Mr. Krischer:

 

The Daily Business Review (9-29-05) reports:

 

"A source close to the investigation [of Rush Limbaugh] said prosecutors are looking for a signed statement from Limbaugh to Dr. [John] Murray promising that if the doctor prescribed painkillers for him, including OxyContin, in quantities sufficient to control his pain, Limbaugh would not try to obtain more prescription pills from other doctors.  Prosecutors say Limbaugh obtained medication from other doctors as well.

 

"...  If prosecutors could obtain testimony from Murray or a signed letter from Limbaugh that the talk show host would use the drugs only for pain relief and would obtain it only from Murray, that could serve as evidence that any drugs he obtained elsewhere were for other purposes. [Exhibit A]

 

This information was clearly leaked by your office to this media outlet as the reporter did a poor job in concealing his source.  The continuing effort by your office to conduct a public investigation is clearly improper.  Landmark Legal Foundation ("Landmark") has accumulated example after example of such conduct by your office over the last several years. 

 

As you know, attorneys are expected to conduct themselves in a manner that comports with the highest ethical standards, and in a way that does not bring disrepute to the administrative of justice.  Leaks of investigative information or tactics to the media do not comport with those requirements.  Therefore, we are compelled to put a straightforward question to you: what steps are you prepared to take to determine the source of this leak and future leaks of investigative information to the media, and do you agree that such behavior is unethical?

 

Sincerely,

 

 

 

Mark R. Levin

President


EXHIBIT A

 

2005 Law.com

Page printed from: http://www.law.com

 

New Request in Rush Limbaugh Drug Probe

 

Dan Lynch

Daily Business Review

09-29-2005

 

A state prosecutor in Florida returned to court Tuesday for permission to issue more subpoenas in the long-stalled investigation into whether conservative radio commentator Rush Limbaugh illegally purchased thousands of powerful prescription pain pills. 

 

Palm Beach County State Attorney Barry Krischer asked Palm Beach Circuit Court Judge Thomas Barkdull III for an order permitting him to subpoena Limbaugh's personal physician, Dr. John Murray, and Murray's employees for testimony in connection with Limbaugh's alleged illegal purchases. 

 

Limbaugh has not been charged with a crime. 

 

A source close to the investigation said prosecutors are looking for a signed statement from Limbaugh to Dr. Murray promising that if the doctor prescribed painkillers for him, including Oxycontin, in quantities sufficient to control his pain, Limbaugh would not try to obtain more prescription pills from other doctors. Prosecutors say Limbaugh obtained medication from other doctors as well. 

 

Many doctors insist on this type of signed letter from patients before prescribing powerful, addictive drugs such as OxyContin. That drug is sometimes called hillbilly heroin because of its power and prevalence in rural white communities around the country. 

 

If prosecutors could obtain testimony from Murray or a signed letter from Limbaugh that the talk show host would use the drugs only for pain relief and would obtain it only from Murray, that could serve as evidence that any drugs he obtained elsewhere were for other purposes. 

 

Last month, Judge Kenneth D. Stern, sitting in for Barkdull, quashed a similar Krischer subpoena and barred any contact by prosecutors with Dr. Murray. 

 

Limbaugh's attorney, Roy Black of Miami, did not return a call for comment before deadline Tuesday. 

 

Limbaugh, who lives part of the year in a Palm Beach oceanfront mansion, first came under scrutiny after the National Enquirer published articles in October 2003 quoting his housemaid, Wilma Cline, and her husband, David Cline, that Limbaugh purchased more than 30,000 prescription pain pills from them, including OxyContin, hydrocodone and Locet, in 2001 and 2002. 

 

After the reports were published, Limbaugh acknowledged an addiction to painkillers and took a five-week leave from his nationally syndicated radio show in October 2003 to receive treatment at a posh Arizona rehabilitation clinic. He has maintained that he used the drugs only to alleviate pain, including pain associated with a chronic back problem.