Mr. Barry Krisher, State Attorney
BY FIRST CLASS MAIL AND FACSIMILE
Dear Mr. Krischer:
The Daily Business Review
"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
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?
Mark R. Levin
Page printed from: http://www.law.com
New Request in Rush Limbaugh Drug Probe
Daily Business Review
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
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
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
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