Rush Limbaugh Arrested

[Rob Lister]

This should be interesting.

Politics is a dangerous game.

 

[Cecil]

Actually, maybe not so much.

 

[Art Vandelay]

I've got to say, that's one of the least f-ed up celebrity mug shots I've seen. Look at Nick Nolte's, and Rush's looks like a glamour shot by comparison.

 

[SezMe]

He copped a plea agreement which requires that he continue with his present doctor, stay off drugs, and pay an amount in fines that probably equals about 0.000001% of his net worth.

He posted bail and walked after an hour in the slammer. Not quite the same treatment he has advocated for other druggies on his program.

 

[Art Vandelay]

You really think that Rush has 3 trillion dollars? This isn't exactly the same treatment he advocated, but then doctor shopping wasn't exactly the sort of crime he was talking about, either.

 

[Tricky]

He posted bail and walked after an hour in the slammer. Not quite the same treatment he has advocated for other druggies on his program.

Not quite the same sentence they get either. This from News of the Weird this week.

Wheelchair-confined Richard Paey committed almost exactly the same violations of Florida prescription drug laws that radio personality Rush Limbaugh did, with a different result: Limbaugh's sentence, in May, was addiction treatment, and Paey's, in 2004, was 25 years in prison. Both illegally possessed large quantities of painkillers for personal use, which Paey defiantly argued was (and will be) necessary to relieve nearly constant pain from unsuccessful spinal surgeries after an auto accident, but which Limbaugh admitted was simply the result of addiction. (In fact, if Limbaugh complies with his plea bargain, his conviction will be erased.) Paey's sentence now rests with a state Court of Appeal. [Tampa Tribune, 2-8-06]

(Yeah, I know this was back in February, but blame NOTW for their time lag. )

 

[Manny]

Not quite the same sentence they get either. This from News of the Weird this week.

There were a couple of differences. For one, Mr. Limbaugh convinced doctors to actually write prescriptions for all the pills which he obtained. Mr. Paey swiped a prescription pad and wrote his own.

More importantly, Mr. Paey was offered a deal which would have involved no prison time. He got offered a long probation and three years of house arrest. He told the prosecutors "no deal" (heh). There's no telling what he could have negotiated from that base if he had chosen to go that route.

 

[andyandy]

what does "doctor shopping" entail....and why's it illegal?

 

[Art Vandelay]

I think I recall this case discussed on 60 Minutes. If it's the same one I remember, Paey was not charged with having "illegally possessed large quantities of painkillers for personal use"; the prosecutors alleged that the quantity was too large to be for personal use, and that he was reselling the drugs. However, there is another difference: he claims that the prescriptions were, in fact, valid, and the doctors were pressured into denying that they wrote the prescriptions.

what does "doctor shopping" entail....and why's it illegal?

In mild form, it's asking a doctor for a prescription, and if he refuses, going to a different doctor. In other cases, people go to one doctor, get a prescription for a particular ailment, then go to another doctor and get another prescription for the same ailment, and so on, so that they have several times the dose that any one doctor would ever prescribe.

 

[The Mutha]

Doctor shopping is the practice of establishing a Doctor/Patient relationship with multiple doctors in order to obtain more then the recommended amount of a prescription for the same drug (hopefully). Ethical doctors should only prescribe as many pills within a given time frame that is recommended and will only give out several months worth of pills if they feel it’s warranted and they trust the patient is not abusing them. This allows a medical professional to monitor how much of a drug you, the patient, are taking on a regular basis. However, you can circumvent this whole safeguard by going to multiple doctors, saying “my back hurts!” and getting more drugs then should be prescribed to one person within a given time frame. An unethical Doctor will take your money for the consult, probably a higher fee then you normally would pay for a "normal" office visit and write you any prescription you want.

Doctor Shopping is illegal (you’re getting far more then the recommended daily allowance of a drug within a short time) and expensive (no insurance company is going to let you go to multiple doctors for the same ailment and then pay for large quantities of whatever drug is prescribed.

Let’s say that my Dad had back surgery (which he actually did many moons ago), and his Surgeon prescribed Vicadin for the pain during his recovery. Dad gets addicted to said pain medication because it makes him feel really special. His Surgeon or Doctor should clue in quickly that he’s back in the office asking for more pain meds far sooner then he should be AND he should be no longer in that much pain – if the Doctor did his/her job correctly. But, Dad circumvents this by going to a different doctor, paying for the consult out of his own pocket (no insurance trail) and getting a prescription for Vicadin or Hydrocodone or whatever pain med the Doctor will give him.

(All this is purely hypothetical in my Dad’s case because the poor man’s allergic to Codeine…)

 

[Manny]

I think I recall this case discussed on 60 Minutes. If it's the same one I remember, Paey was not charged with having "illegally possessed large quantities of painkillers for personal use"; the prosecutors alleged that the quantity was too large to be for personal use, and that he was reselling the drugs. However, there is another difference: he claims that the prescriptions were, in fact, valid, and the doctors were pressured into denying that they wrote the prescriptions.

That's the guy. I'm sure that some of his problems were exactly because the prosecutors initially believed (and probably still believe, even without sufficient evidence) that the guy was trafficking.

And you're right. I probably should have mentioned that he disputed that he stole blank prescription pads. In my defense, the jury found that he had.

I feel kind of bad for Mr. Paey. Despite some very real differences, his case was indeed not that different from that of Mr. Limbaugh. The magnitude of the offense was only worse because it appears that the magnitude of his pain and the resulting addiction was worse. That just means he was sicker, not "worse."

What he and his attorneys failed to realize is that when prosecutors turn their attention to you and the facts aren't in your favor, you don't beat the government. Ever. Even if you're morally right. What you do, if you're smart, is survive the government. People are free to think that's an awful thing; they're probably right. But it is the truth. Had he realized it, Mr. Paey probably could have got a deal similar to that of Mr. Limbaugh.

 

[Zep]

I always feel the system has broken down as soon as a "plea bargain" is put on the table as a valid and legal escape hatch. Immediately it means that whoever has more chips can get a better deal.

In this case, Limbaugh obviously had the clout of various types to get himself a get-out-of-jail-free card. Whereas Paey was up against it in just about every respect right from the start. The comparative results were both obvious, and highly predictable...

Why is plea-bargaining allowed? Surely it goes against the spirit of the law?

 

[a_unique_person]

They seem to be pretty soft on crime these days.

 

[Luke T.]

I always feel the system has broken down as soon as a "plea bargain" is put on the table as a valid and legal escape hatch. Immediately it means that whoever has more chips can get a better deal.

In this case, Limbaugh obviously had the clout of various types to get himself a get-out-of-jail-free card. Whereas Paey was up against it in just about every respect right from the start. The comparative results were both obvious, and highly predictable...

If what was said above about Paey is true, it sounds to me like he had the same opportunities as Limbaugh to plea his sentence down with no time served in prison. He chose to roll the dice instead, and lost.

Why is plea-bargaining allowed? Surely it goes against the spirit of the law?

Money (court costs). And there are more cases in the docket than there is time to try them all. And lack of jail space.

 

[Zep]

If what was said above about Paey is true, it sounds to me like he had the same opportunities as Limbaugh to plea his sentence down with no time served in prison. He chose to roll the dice instead, and lost.

I'm not sure he realised what his either/or outcomes were - either a one hour sit-down in a cell and then a walk free, or 25 years in the hole. I'm willing to bet that if he was properly informed of them he would have certainly changed his tactics and not just rolled the dice as you say. Hell, anyone would have! I get the impression there's more to that whole story...

Money (court costs). And there are more cases in the docket than there is time to try them all. And lack of jail space.

I can appreciate that situation, of course. But is the answer to that problem to make it into a Las Vegas crap-shoot? Seven-and-up, you walk? Where's the consistency of justice in that? I don't have an answer myself - more courts, maybe? Direct fines, like for traffic offenses?

 

[Luke T.]

I'm not sure he realised what his either/or outcomes were - either a one hour sit-down in a cell and then a walk free, or 25 years in the hole. I'm willing to bet that if he was properly informed of them he would have certainly changed his tactics and not just rolled the dice as you say. Hell, anyone would have! I get the impression there's more to that whole story...

Beats me.

I can appreciate that situation, of course. But is the answer to that problem to make it into a Las Vegas crap-shoot? Seven-and-up, you walk? Where's the consistency of justice in that? I don't have an answer myself - more courts, maybe? Direct fines, like for traffic offenses?

I don't know that more courts, judges, bailiffs, court reporters, juries, police, jails, and prisons are the answer. And not just because I don't want to foot the bill.

ETA: And plea bargaining is not a crap shoot. A person pleads to guidelines. A set penalty for a set crime. The crap shoot is if you choose to take it to trial. And many a fool has done just that and gotten a stiffer penalty for taking up the court's time.

 

[mgidm86]

I can appreciate that situation, of course. But is the answer to that problem to make it into a Las Vegas crap-shoot? Seven-and-up, you walk? Where's the consistency of justice in that? I don't have an answer myself - more courts, maybe? Direct fines, like for traffic offenses?

How about we let both these bozos do all the pain killers they want? What the hell do I care? I'll take "War on drugs" for 20 more years, Alex!

 

[Beerina]

He copped a plea agreement which requires that he continue with his present doctor, stay off drugs, and pay an amount in fines that probably equals about 0.000001% of his net worth.

He posted bail and walked after an hour in the slammer. Not quite the same treatment he has advocated for other druggies on his program.

And what would that be?

 

[HeavyAaron]

I can appreciate that situation, of course. But is the answer to that problem to make it into a Las Vegas crap-shoot? Seven-and-up, you walk? Where's the consistency of justice in that? I don't have an answer myself - more courts, maybe? Direct fines, like for traffic offenses?

Funny, I have the reverse oppinion with traffic offenses... everyone challenge them in court and tie up the system.

This would insure that governments don't use traffic fines to fund themselves. Too many small towns seem to think traffic fines are a tax.

Aaron

 

[jj]

Can somebody explain to me how Crush Bimbo gets away with this prescription abuse, and the guy in the wheelchair gets sent to prison?