Hair Analysis in the Courts

In response to the many client requests for information on court cases that involve hair analysis, we have compiled the following information. These cases are described in general and the information has been gathered to highlight the hair analysis portion of the case. We make no representations that the information that follows is accurate in every detail. Each client, depending on their need for the information, should research cases of interest independently.

The following are cases that have included hair analysis as a component. Our laboratory tested the sample(s) involved and/or provided Toxicology Expert Witness services:

1. Nevada State Gaming Commission v. Lonnie T. Binion, 1996.

Factual Background: Under its jurisdiction as licenser of all gaming establishments in the State of Nevada, the Board suspended Mr. Binion's gaming license and ordered him to undergo quarterly hair tests for drugs of abuse. Mr. Binion is part owner of the Horseshoe Casino in Las Vegas. During the period of suspension, Mr. Binion was required to adhere to a number of the Board's demands including random hair tests.

Mr. Binion had negative results from the hair testing until the end of the year when several tests produced positive results. A public license suspension hearing was conducted with the lab defending its methods and technology and Mr. Binion's two expert witnesses questioning hair testing. During the hearing Mr. Binion's experts agreed that they Could not find flaws in the testing methods or forensic procedures used.

Relevant Issue: Would the Nevada Gaming Cornmission continue Mr. Binion's license suspension or renew the license? Would hair analysis be accepted into evidence?

Decision: The Nevada Gaming Commission continued Mr. Binion's license suspension for an additional year. As a result of the positive hair tests, Mr. Binion was ordered to continue testing. Since Mr. Binion had cut his hair extremely short and had been providing duplicate samples to his own laboratory, the Board decided it wanted the same testing coverage that hair would provide, but .they would use urine since so little hair would be available.

In order to equal the time coverage of hair testing, Mr. Binion was ordered to provide a urine sample three days per week (Monday, Wednesday and Friday) with an additional two random urine samples per month.