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From the NewsMax.com Staff
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Thursday, March 11, 2004 11:47 a.m. EST
Limbaugh Prosecutors: No Evidence of Crime Without Medical Files
Palm Beach County prosecutors investigating Rush Limbaugh all but admitted this week that they currently have no real evidence that the No. 1 radio host violated Florida's drug laws - and won't be able to prosecute the top talker for "doctor shopping" unless a judge lets them look for evidence in Limbaugh's confidential medical files.
State Attorney Barry Krischer made the startling admission in a brief filed with Florida's 4th District Court of Appeals, which is currently weighing whether Limbaugh's medical records are fair game. In the filing Krischer confessed, "The State will not be in a position to know what it can charge, if anything, until the [medical] records are reviewed."
In November Krischer's office seized Limbaugh's medical files and began leaking tidbits to the media before the court ordered prosecutors to back off pending the outcome of Limbaugh's appeal.
The seizure spurred outrage among civil libertarians, with even the ACLU weighing in with its own brief on behalf of the top talker.
Krischer's admission that he has no case without the confidential records also casts doubt on the validity of the search warrants used to justify their seizure.
"Based on the prosecutor's court filing, it would seem that there was no probable cause to issue those warrants in the first place," one legal expert told NewsMax.
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