December 20, 2010
EASTON, PA — A Monroe County man told a judge Friday that a case of "stage fright" prompted him to use a fake penis for a probation drug test.
Raymond C. Hartley Jr., of Effort said disparaging comments made about the small size of his penis during a previous drug test prompted him to use a Whizzinator, a device that includes a fake penis, urine and heater packs to evade drug tests.
Hartley, 28, maintained it was his drug-free urine in the device used during a random drug test.
"I didn't want to hear any other insulting comments about the size of my penis," Hartley said. "This is not comfortable for me to talk about."
A Monroe County probation officer discovered the device, and Hartley received new charges.
The charges also earned Hartley a probation violation, which brought him back Friday to Northampton County.
Defense attorney Anthony Rybak said Hartley was emasculated by the comments made by Monroe County probation officials, but maintained his client was clean at the time of the test.
"He didn't do this to trick anybody," Rybak said.
Assistant District Attorney John Obrecht argued Hartley never informed anyone ahead of time of his issues with the drug testing.
"Deceit is still deceit," Obrecht said.
Northampton County Judge Michael Koury on Friday dismissed Hartley's claims and re-sentenced him to one to two years in state prison, followed by three months of probation.
Hartley said he served six years in the Army before a birth defect was discovered and he was discharged. He underwent open-heart surgery and that's when he became addicted to pain pills, Hartley said. The addiction led to the burglary, said probation officer Pete Nebzydoski.
"It's been a struggle," Hartley said of dealing with his addiction. "I have every desire to be a better man."
Hartley pleaded guilty in September 2009 to burglary, a felony, and was sentenced to four to eight months in county prison followed by one year of probation that he was serving in Monroe County.
After Hartley was charged for the fake penis he pleaded guilty to providing drug-free urine and was ordered to pay a fine and court costs, Nebzydoski said.
Click to view image: 'RAYMOND'
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