Pubdate: Wed, 22 Oct 2003
Source: Spartanburg Herald Journal (SC)
Copyright: 2003 The Spartanburg Herald-Journal
Contact:  http://www.goupstate.com/
Details: http://www.mapinc.org/media/977
Author: Jenny Burns,  Associated Press
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

S.C. SUPREME COURT HEARS ARGUMENTS IN URINE SALE CONVICTION

COLUMBIA -- Kenneth Curtis wants the state Supreme Court to decide he had 
no intent to help people defraud drug tests when he sold kits containing 
his urine.

The high court heard arguments Tuesday in Curtis' appeal of his six-month 
sentence and conviction for selling his urine.

Prosecutors say Curtis knew the law and broke it when he sold urine and a 
kit containing a heat pack, tape and tubing so it appears a user is giving 
his own sample during a drug test.

Senior Assistant Attorney General Norman Rapoport told the court that the 
law requires the prosecution to prove the intent of the seller -- not the 
buyer.

In Curtis' case, the urine was sold to an undercover agent for the State 
Law Enforcement Division.

But, Curtis' attorney said, he never intended to help anyone commit fraud.

"Anytime someone said I want to buy one of your tests to defraud a test for 
illegal drugs, he said 'I'm not going to sell it,' " said Curtis' lawyer, 
C. Rauch Wise.

Curtis said there is no credible evidence that anyone bought his product to 
defraud a test for illegal drug use. Curtis said he was trying to help 
people protect their privacy.

Wise told the court drug tests could give an employer a lot of private 
information about an employee -- including whether he or she used legal or 
prescribed drugs.

He said a man taking a drug for impotence, for example, might not want his 
employer to know that information, which has nothing to do with his job 
performance.

Chief Justice Jean Toal asked Rapoport if taking drug tests was an invasion 
of privacy. He said he did not think so.

She told him his indictment was vague and did not clearly state illegal 
drugs. Rapoport responded that if the Legislature had meant to limit the 
law to illegal drugs, they would have done that.

When senators were debating the law, Curtis said he asked them to make it 
illegal for employers to disseminate information gained from a urine test. 
"They refused and I had no other choice but to continue my business in 
order to make my point," he said.

Wise says he expects a ruling on the appeal within 60 days.
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MAP posted-by: Jay Bergstrom