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Thursday, June 3, 2004 10:45 p.m. EDT

Limbaugh Attorney Asks Court to Sanction Prosecutors

The attorney for top radio talk host Rush Limbaugh has asked a Florida court to sanction Palm Beach County prosecutors for making false accusations against him as they investigate whether Limbaugh engaged in doctor shopping to obtain pain killers.

Earlier this week Assistant State Attorney James Martz told Florida's 4th District Court of Appeals that Limbaugh's attorney, Roy Black, wrongly told the court that the Florida state Legislature had protected medical records from searches without a subpoena.

Last November, prosecutors seized Limbaugh's medical records without a subpoena in a bid to prove the doctor-shopping allegations.

But on Thursday Black fired back, arguing that prosecutors had overlooked five years' worth of legislative records that had a bearing on his medical privacy claim.

"The prosecutor is wrong and his research recklessly incomplete," Black charged in his response to the court, according to the Associated Press. "Prosecutors may have many powers, but they do not have the power to skip five years of legislation and rewrite history."

Limbaugh told his audience:

"My attorneys called on the court to fine the state attorney's office and sanction them for falsely accusing my lawyer, Roy Black, of misleading the court and for their violation of the rules of appellate procedure."

The top talker accused prosecutors of "an act of either incompetence or a willful attempt to mislead and manipulate the court – which, to me, is pretty consistent with what has been the hallmark of the state attorney's office throughout this entire case."

Editor's note:

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