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Prosecutor: Sizemore Violated Probation

June 23, 2005 GMT

LOS ANGELES (AP) _ A prosecutor told a Superior Court judge Wednesday that actor Tom Sizemore violated terms of his probation by attempting to use a prosthetic device to falsify a urine test for drugs.

Deputy District Attorney Sean Carney said Sizemore, 43, also failed to report to his probation officer, did not advise authorities of his new address and missed drug rehabilitation counseling sessions.

Outside court, Sizemore denied the allegations.

``I have been clean and sober and they are pandering to the city attorney,″ said the actor, who has appeared in such films as ``Black Hawk Down″ and ``Saving Private Ryan.″

David Aronek, a drug rehab counselor at the Tarzana Treatment Center, testified that Sizemore was ordered to undergo a random drug test on May 25 and tried to falsify the results by using a device called ``The Whizzinator,″ a fillable prosthetic penis designed to beat drug tests.

Aronek said Sizemore was sweating and rambling and told him he wouldn’t take another test because the first one was adequate. After about 30 minutes, Sizemore sighed, admitted falsifying his urinalysis and pulled the prosthetic from a trash can, Aronek said.

Sizemore returned two days later for another drug test and told Aronek that he was under the influence of crystal meth, the witness said.

During that visit, Aronek said, the actor showed signs of ``speed psychosis,″ including rapid speech, profuse sweating and jittery behavior.

Sizemore then failed to appear May 31 for still another drug test, Aronek said.

The hour-long hearing before Superior Court Judge Paula Adele Mabrey also included testimony from another drug counselor and a probation officer. It was scheduled to continue Friday morning.

If it is found that Sizemore violated probation, he could be sent to prison for up to three years.

The actor was ordered into drug treatment after pleading guilty in October to possession of methamphetamine following his August arrest at his West Hollywood home.

Sizemore separately was convicted in 2003 of domestic violence involving his ex-girlfriend, former Hollywood madam Heidi Fleiss.

He was sentenced in March to 17 months in jail and more than four months in drug treatment for repeatedly failing drug tests while on probation for the domestic violence case. He has been allowed to remain free while appealing the conviction involving Fleiss.