Pubdate: Fri, 20 Feb 2004
Source: Greenville News (SC)
Copyright: 2004 The Greenville News
Contact:  http://greenvillenews.com/
Details: http://www.mapinc.org/media/877
Author: John Boyanoski
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.mapinc.org/people/Kenneth+Curtis (Kenneth Curtis)

MAN WHO SOLD URINE SENT TO PRISON

Kenneth Curtis shook hands with his attorneys, turned around and then 
walked out the door of the courtroom to serve six months in jail for 
distributing urine. It brings an end to a six-year battle over Curtis' 
urine selling business.

Curtis maintains he sold the product because he felt random urine testing 
by companies was an invasion of privacy. The state contends he sold it to 
help people defraud drug tests.

Curtis was sentenced to three years in prison in December 2001, suspended 
to six months, after an undercover officer purchased one of his kits 
containing urine, a heating pack and tubing. Curtis had been out on $30,000 
cash bond as he appealed the decision.

He argued his conviction should be overturned because the charges were 
vague, the law constitutes an unwarranted invasion of privacy and there was 
insufficient evidence he intended to defraud a test with the kits.

The South Carolina Supreme Court upheld the conviction in January saying no 
legal standing to argue the privacy rights of anyone other than himself. 
They also found no vagueness in the Legislature's wording.

Curtis' case drew national attention and led to a run for lieutenant 
governor in 2002 against state Sen. David Thomas, who wrote the bill 
banning the distribution of urine to defraud a drug test in South Carolina.

As he entered Greenville County Courthouse Friday, Curtis gave one of his 
kits to a Greenville County sheriff's deputy working security.

Assistant Solicitor Mindy Hervey said it will be have to be investigated 
whether or not he broke the law.

His attorneys, C. Rauch Wise and Robbie Childs, asked that he be given a 
few more days at home before being sent to a state prison. Circuit Judge 
John Few, who sentenced Curtis in 2001, watched the proceedings from a jury 
box.

Judge Charles Simmons, who was presiding Friday, said Curtis would start 
his sentence immediately and be sent to Greenville County Detention Center 
to await placement in a state-run facility.

"The fat lady has sung," Simmons said. "The game is over."
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MAP posted-by: Jay Bergstrom