Limbaugh's attorney Roy Black asked the judge two weeks ago to keep many of the records out of the hands of prosecutors because they contain privileged, even embarrassing, details about medical procedures, symptoms and other issues that would have no bearing on the investigation into whether Limbaugh illegally sought prescription painkillers.

Black wanted copies of the sealed medical records so he could provide a list of the personal, unrelated information contained within them, but Circuit Judge Thomas Barkdull denied the request in a Friday ruling.

Barkdull also denied prosecutors' request to be present as he goes through the records. He said once his review is complete, he would return documents that do not relate to the investigation to Black.

Barkdull did not say how long his review would take, but once some records are turned over to prosecutors, their long-stalled investigation can move forward.

But Black said he could file an additional court motion to suppress the records and insisted that the search warrants were based on "faulty and misleading statements."

"We are finally getting the judicial review of the records for relevancy that we have sought from the start," he said in a prepared statement. "This is also a positive result for all medical patients in Florida because it affirms our argument that the police cannot go on a fishing expedition through anyone's most private medical matters. At the very least, there will be a judge between the police and the medical records."

Investigators seized the records with search warrants in 2003 but they have remained sealed because Limbaugh appealed, arguing that the seizure violated his privacy rights.

He lost at the Circuit and appellate court levels, and the Florida Supreme Court declined to hear the case. But his appeals successfully put off the investigation for more than 19 months.

The Palm Beach County State Attorney's office says the records contain information that Limbaugh engaged in "doctor shopping," or illegally deceiving multiple doctors to receive overlapping prescriptions.

Prosecutors, who made no comment on the ruling, said they wanted to review all the records because the alleged criminal conduct spanned years and they could find evidence of a pattern or additional wrongdoing.

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

Limbaugh has not been charged with a crime and has maintained his innocence throughout the investigation. He acknowledged an addiction to pain medication, attributing it to severe back pain, and took a five-week leave from his afternoon radio show to enter a rehabilitation program in October 2003.

He had no immediate comment Friday. He has accused Palm Beach County State Attorney Barry Krischer, a Democrat, of leading a politically motivated investigation against him and labeled it "a fishing expedition."

© 2005 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.

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