The unnamed physician's attorneys weren't talking about height when they made their pitch to the 14th Court of Appeals that their client didn't match the description of the undercover cop who busted him in Memorial Park two years ago.

The Houston Chronicle noted Wednesday that the defendant went so far as to hire a urologist as an expert witness to back up his defense, but the appeals court rejected the contention that the lawyer in the original trial should have brought up the seeming discrepancy to the jury.

The three-judge panel rejected the appeal in a 30-page opinion issue Tuesday, which columnist Rick Casey noted was "clinically crafted to avoid double-entendres."