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Stupid Case File for February 11, 2005

Fake Urine, Fake Penis = Jail

Courtesy of

LOS ANGELES - Actor Tom Sizemore has been jailed for violating his probation by failing a drug test after he was caught trying to use a prosthetic penis to fake the results, a Los Angeles County prosecutor says.
Sizemore, 43, who played a battle-hardened sergeant in the war movie "Saving Private Ryan," was placed in custody on Thursday. He was ordered to remain behind bars until a hearing on February 24, unless he posts $25,000 (13,500 pound) bond, Deputy District Attorney Sean Carney said on Friday.
Last month, Judge Antonio Baretto had agreed to allow Sizemore to travel to Cambodia to shoot a new film on condition that he pass a drug test every day prior to his departure.
Carney said the actor's failed attempt to fake his drug test results came on the first day of the new requirement.
The actor is required to undergo random drug tests as a condition of probation for his convictions on separate charges of methamphetamine possession and beating his ex-girlfriend, former Hollywood madam Heidi Fleiss.
During Thursday's proceedings, prosecutors told Judge Baretto that Sizemore failed three drug tests in three days, the first after he was caught using a fake penis sewn into his boxer shorts and filled with a clean urine sample kept warm by a heating pack.
Carney said the ruse was revealed when the temperature of the sample proved too cool to have come from Sizemore's body, and he was asked to remove his pants.
According to prosecutors, Sizemore had been caught once before trying to use a similar device, sold over the Internet under the brand name the Whizzinator, and had failed drug tests on at least five occasions.
Carney said two drug tests on the days following the fake penis incident showed Sizemore had methamphetamine in his system.
During the hearing, Sizemore's lawyer told the court that his client was destitute, living in a garage in Whittier, California, and that he was an expectant father, Carney told Reuters.
But Baretto told Sizemore that his drug use was "out of control," adding, "I had hoped and wanted to see a positive performance."

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