KC pharmacist fails polygraph

KANSAS CITY, Mo. -- A pharmacist accused of diluting chemotherapy drugs failed an FBI polygraph test last month, new court records say.

The documents do not reveal the questions asked of Robert Courtney. But, the court filing says, he "answered deceptively to all relevant questions asked of him."

While the results of polygraph tests are not allowed as evidence in criminal trials, they often are used as an investigative tool and to judge the truthfulness of witnesses and interview subjects.

Courtney's attorney Jean Paul Bradshaw could not be reached for comment Wednesday.

Innocent plea

Courtney, 48, has pleaded innocent to 20 counts of tampering, adulterating and misbranding the chemotherapy drugs Gemzar and Taxol. He is being held without bond. His trial is scheduled for Feb. 4.

According to court records, Courtney told investigators he diluted some cancer medications destined for Dr. Verda Hunter's patients out of greed. But he has denied diluting prescriptions he filled for the patients of other doctors.

Defense lawyers have said they may ask a judge to suppress any statements Courtney may have made to federal investigators.

Prosecutors have said the investigation into Courtney and his Kansas City pharmacy continues and further charges are possible. Investigators have asked doctors who still have prescriptions mixed by Courtney to submit them for testing.

Courtney took the polygraph test on Aug. 20, immediately before a court hearing at which his lawyers argued that he be released on bond. At the hearing, Assistant U.S. Attorney Gene Porter asked FBI agent David Parker if he was satisfied with Courtney's cooperation.

"Has there been anything that you can say to this court that says you've been able to confirm the accuracy of those representations as being full, truthful and complete?" Porter asked.

"I would have a great deal of reservations in saying that," Parker replied.

The judge later ruled that Courtney should remain in jail pending his trial.