| |
Main
Date: 23 Feb 2007 06:27:20
From: raylopez99
Subject: Landis, like Jones, railroaded by Dick P and henchmen
|
Another person screwed by the Anti-doping Clique. Hamilton, Jones,
Kenderis, Landis (that I can think of off the top of my head, and I
don't even follow the sport of Track and Field).
Four. How many more?
RL
Anti-doping case against Landis may be in jeopardy
Possible errors by French laboratory could compromise findings that
have threatened U.S. cyclist's Tour de France victory
By Michael A. Hiltzik, Times Staff Writer
February 23, 2007
The French laboratory that produced incriminating doping results
against Tour de France champion Floyd Landis may have allowed improper
access to the American cyclist's urine samples, lab documents show -
one of a number of errors that could jeopardize the case against
Landis.
A similar error, committed by the same lab in 2005, resulted in the
rare dismissal of doping charges against Spanish cyclist Inigo
Landaluze in December.
Lab records turned over to Landis defense lawyers and reviewed by The
Times show that two technicians from the French government-owned lab
were involved in both the original urine analysis and a second,
validating test. International lab standards prohibit technicians from
participating in both tests to prevent them from validating their own
findings.
It was not clear in the records whether the technicians - Esther
Cerpolini and Cynthia Mongongu of Laboratorie National Depistage du
Dopage - played roles significant enough in both tests to disqualify
the findings. Landis attorneys have asked arbitrators to let them
question the technicians.
In a decision issued Dec. 19, 2006, the arbitrators in the Landaluze
case underscored the risks of technicians violating the lab standards.
Their written finding said it is "forbidden that the same analyst
handles or manipulates" both the original and validation samples. "The
applicable rule is clear and devoid of any flexibility," they wrote.
Based on tests of urine samples by the lab in the Paris suburb of
Chatenay-Malabry, the U.S. Anti-Doping Agency accused Landis of doping
with testosterone during last summer's three-week French road race.
Much is at stake for both sides. The cyclist, who lives in Murrieta,
faces a two-year suspension and loss of his Tour title if the doping
charge is upheld. In his defense, Landis has launched the most serious
and sustained attack on the international sports anti-doping program
and its procedures since it was established in 2000.
Lab records produced in the legal battle show a number of potentially
troublesome procedural problems that could undermine the case against
Landis. For example:
=B7 A document in the case was altered anonymously after Landis
questioned its accuracy. The altered version apparently was certified
as "original."
The document was in the files of French anti-doping authorities, who
have brought a separate case against the cyclist. It is unclear
whether lab employees or anti-doping officials made the changes.
=B7 The lab may have operated one crucial piece of testing equipment
under conditions that violated its manufacturers' specifications,
possibly because it did not have the operating manual. Furthermore,
the software installed in the machine was 10 years old, based on an
operating system no longer in use, and was designed for a different
piece of equipment. Landis contends improper operation could produce
erroneous readings.
The lab has insisted the instrument was in proper working order. The
machine produced a carbon isotope ratio mass spectrometry reading
purportedly showing the presence of artificial testosterone in Landis'
urine sample, the key analytical evidence against the rider.
=B7 The lab was in possession of documents clearly linking Landis to
his sample, a possible violation of anti-doping rules requiring that
all samples handled by a testing lab be anonymous. At least one such
document was provided by the French anti-doping agency to Landis'
attorneys, who contend it came from the lab.
But potentially most troublesome were questionable procedures
involving handling of the urine samples. Landis attorneys have filed
an extensive request for more lab documents and are seeking
depositions of lab personnel.
A three-member arbitration panel is scheduled to hear Landis' appeal
of doping charges at a public hearing beginning May 14.
USADA General Counsel Travis Tygart declined to comment on the points
raised in the discovery request, citing agency rules forbidding him to
discuss ongoing cases.
Filings in the arbitration case also shed light on the anti-doping
agency's rationale for asking the French lab to also retest nine of
Landis' urine samples taken during and after the 2006 Tour de France.
The samples at issue are B samples corresponding to A samples found to
be clean.
The USADA contends that the previous tests did not "definitively
establish" that the samples were clean, and the agency wants to
subject them to the more sophisticated carbon isotope test.
The agency acknowledged in papers filed with the arbitrators that it
would expect to use any positive results from the retests as evidence
against Landis. The cyclist's lawyers maintain that this would violate
USADA and World Anti-Doping Agency regulations, which state that an
analytical sample can be deemed positive only if the A and B results
match.
Because the A samples have already been ruled negative, and in most
cases no longer exist, the required match between A and B cannot be
present, Landis argues.
The arbitration panel held a closed-door session Thursday to consider
Landis' request for documents and for testimony from lab employees.
The panel also considered the USADA's request to retest the nine
samples.
michael.hiltzik_at_latimes.com
|
|
| |
Date: 24 Feb 2007 10:54:46
From: ilan
Subject: Re: Landis, like Jones, railroaded by Dick P and henchmen
|
On Feb 23, 3:27 pm, "raylopez99" <raylope...@yahoo.com > wrote:
> Another person screwed by the Anti-doping Clique. Hamilton, Jones,
> Kenderis, Landis (that I can think of off the top of my head, and I
> don't even follow the sport of Track and Field).
>
> Four. How many more?
>
> RL
>
> Anti-doping case against Landis may be in jeopardy
> Possible errors by French laboratory could compromise findings that
> have threatened U.S. cyclist's Tour de France victory
> By Michael A. Hiltzik, Times Staff Writer
> February 23, 2007
>
> The French laboratory that produced incriminating doping results
> against Tour de France champion Floyd Landis may have allowed improper
> access to the American cyclist's urine samples, lab documents show -
> one of a number of errors that could jeopardize the case against
> Landis.
>
> A similar error, committed by the same lab in 2005, resulted in the
> rare dismissal of doping charges against Spanish cyclist Inigo
> Landaluze in December.
>
> Lab records turned over to Landis defense lawyers and reviewed by The
> Times show that two technicians from the French government-owned lab
> were involved in both the original urine analysis and a second,
> validating test. International lab standards prohibit technicians from
> participating in both tests to prevent them from validating their own
> findings.
>
> It was not clear in the records whether the technicians - Esther
> Cerpolini and Cynthia Mongongu of Laboratorie National Depistage du
> Dopage - played roles significant enough in both tests to disqualify
> the findings. Landis attorneys have asked arbitrators to let them
> question the technicians.
>
> In a decision issued Dec. 19, 2006, the arbitrators in the Landaluze
> case underscored the risks of technicians violating the lab standards.
> Their written finding said it is "forbidden that the same analyst
> handles or manipulates" both the original and validation samples. "The
> applicable rule is clear and devoid of any flexibility," they wrote.
>
> Based on tests of urine samples by the lab in the Paris suburb of
> Chatenay-Malabry, the U.S. Anti-Doping Agency accused Landis of doping
> with testosterone during last summer's three-week French road race.
>
> Much is at stake for both sides. The cyclist, who lives in Murrieta,
> faces a two-year suspension and loss of his Tour title if the doping
> charge is upheld. In his defense, Landis has launched the most serious
> and sustained attack on the international sports anti-doping program
> and its procedures since it was established in 2000.
>
> Lab records produced in the legal battle show a number of potentially
> troublesome procedural problems that could undermine the case against
> Landis. For example:
>
> =B7 A document in the case was altered anonymously after Landis
> questioned its accuracy. The altered version apparently was certified
> as "original."
>
> The document was in the files of French anti-doping authorities, who
> have brought a separate case against the cyclist. It is unclear
> whether lab employees or anti-doping officials made the changes.
>
> =B7 The lab may have operated one crucial piece of testing equipment
> under conditions that violated its manufacturers' specifications,
> possibly because it did not have the operating manual. Furthermore,
> the software installed in the machine was 10 years old, based on an
> operating system no longer in use, and was designed for a different
> piece of equipment. Landis contends improper operation could produce
> erroneous readings.
>
> The lab has insisted the instrument was in proper working order. The
> machine produced a carbon isotope ratio mass spectrometry reading
> purportedly showing the presence of artificial testosterone in Landis'
> urine sample, the key analytical evidence against the rider.
>
> =B7 The lab was in possession of documents clearly linking Landis to
> his sample, a possible violation of anti-doping rules requiring that
> all samples handled by a testing lab be anonymous. At least one such
> document was provided by the French anti-doping agency to Landis'
> attorneys, who contend it came from the lab.
>
> But potentially most troublesome were questionable procedures
> involving handling of the urine samples. Landis attorneys have filed
> an extensive request for more lab documents and are seeking
> depositions of lab personnel.
>
> A three-member arbitration panel is scheduled to hear Landis' appeal
> of doping charges at a public hearing beginning May 14.
>
> USADA General Counsel Travis Tygart declined to comment on the points
> raised in the discovery request, citing agency rules forbidding him to
> discuss ongoing cases.
>
> Filings in the arbitration case also shed light on the anti-doping
> agency's rationale for asking the French lab to also retest nine of
> Landis' urine samples taken during and after the 2006 Tour de France.
> The samples at issue are B samples corresponding to A samples found to
> be clean.
>
> The USADA contends that the previous tests did not "definitively
> establish" that the samples were clean, and the agency wants to
> subject them to the more sophisticated carbon isotope test.
>
> The agency acknowledged in papers filed with the arbitrators that it
> would expect to use any positive results from the retests as evidence
> against Landis. The cyclist's lawyers maintain that this would violate
> USADA and World Anti-Doping Agency regulations, which state that an
> analytical sample can be deemed positive only if the A and B results
> match.
>
> Because the A samples have already been ruled negative, and in most
> cases no longer exist, the required match between A and B cannot be
> present, Landis argues.
>
> The arbitration panel held a closed-door session Thursday to consider
> Landis' request for documents and for testimony from lab employees.
> The panel also considered the USADA's request to retest the nine
> samples.
>
> michael.hiltzik_at_latimes.com
You mean Dick Pound has been making insinuations about Jeff Jones'
results at the World Press Cycling Championship?
What a dope (as usual).
-ilan
|
| |
Date: 24 Feb 2007 03:25:58
From: ilan
Subject: Re: Landis, like Jones, railroaded by Dick P and henchmen
|
On Feb 24, 7:53 am, Michael Press <rub...@pacbell.net > wrote:
> In article
> <kICdndrVV5OWHkLYnZ2dnUVZ_revn...@comcast.com>,
> "Phil Holman" <piholmanc@yourservice> wrote:
>
>
>
> > <dupedcycl...@aol.com> wrote in message
> >news:1172252468.830688.228660@p10g2000cwp.googlegroups.com...
> > On Feb 23, 8:27?am, "raylopez99" <raylope...@yahoo.com> wrote:
> > > Another person screwed by the Anti-doping Clique. Hamilton, Jones,
> > > Kenderis, Landis (that I can think of off the top of my head, and I
> > > don't even follow the sport of Track and Field).
>
> > > Four. How many more?
>
> > > RL
>
> > > Anti-doping case against Landis may be in jeopardy
> > > Possible errors by French laboratory could compromise findings that
> > > have threatened U.S. cyclist's Tour de France victory
> > > By Michael A. Hiltzik, Times Staff Writer
> > > February 23, 2007
>
> > > The French laboratory that produced incriminating doping results
> > > against Tour de France champion Floyd Landis may have allowed improper
> > > access to the American cyclist's urine samples, lab documents show -
> > > one of a number of errors that could jeopardize the case against
> > > Landis.
>
> > > A similar error, committed by the same lab in 2005, resulted in the
> > > rare dismissal of doping charges against Spanish cyclist Inigo
> > > Landaluze in December.
>
> > > Lab records turned over to Landis defense lawyers and reviewed by The
> > > Times show that two technicians from the French government-owned lab
> > > were involved in both the original urine analysis and a second,
> > > validating test. International lab standards prohibit technicians from
> > > participating in both tests to prevent them from validating their own
> > > findings.
>
> > > It was not clear in the records whether the technicians - Esther
> > > Cerpolini and Cynthia Mongongu of Laboratorie National Depistage du
> > > Dopage - played roles significant enough in both tests to disqualify
> > > the findings. Landis attorneys have asked arbitrators to let them
> > > question the technicians.
>
> > > In a decision issued Dec. 19, 2006, the arbitrators in the Landaluze
> > > case underscored the risks of technicians violating the lab standards.
> > > Their written finding said it is "forbidden that the same analyst
> > > handles or manipulates" both the original and validation samples. "The
> > > applicable rule is clear and devoid of any flexibility," they wrote.
>
> > > Based on tests of urine samples by the lab in the Paris suburb of
> > > Chatenay-Malabry, the U.S. Anti-Doping Agency accused Landis of doping
> > > with testosterone during last summer's three-week French road race.
>
> > > Much is at stake for both sides. The cyclist, who lives in Murrieta,
> > > faces a two-year suspension and loss of his Tour title if the doping
> > > charge is upheld. In his defense, Landis has launched the most serious
> > > and sustained attack on the international sports anti-doping program
> > > and its procedures since it was established in 2000.
>
> > > Lab records produced in the legal battle show a number of potentially
> > > troublesome procedural problems that could undermine the case against
> > > Landis. For example:
>
> > > A document in the case was altered anonymously after Landis
> > > questioned its accuracy. The altered version apparently was certified
> > > as "original."
>
> > > The document was in the files of French anti-doping authorities, who
> > > have brought a separate case against the cyclist. It is unclear
> > > whether lab employees or anti-doping officials made the changes.
>
> > > The lab may have operated one crucial piece of testing equipment
> > > under conditions that violated its manufacturers' specifications,
> > > possibly because it did not have the operating manual. Furthermore,
> > > the software installed in the machine was 10 years old, based on an
> > > operating system no longer in use, and was designed for a different
> > > piece of equipment. Landis contends improper operation could produce
> > > erroneous readings.
>
> > > The lab has insisted the instrument was in proper working order. The
> > > machine produced a carbon isotope ratio mass spectrometry reading
> > > purportedly showing the presence of artificial testosterone in Landis'
> > > urine sample, the key analytical evidence against the rider.
>
> > > The lab was in possession of documents clearly linking Landis to
> > > his sample, a possible violation of anti-doping rules requiring that
> > > all samples handled by a testing lab be anonymous. At least one such
> > > document was provided by the French anti-doping agency to Landis'
> > > attorneys, who contend it came from the lab.
>
> > > But potentially most troublesome were questionable procedures
> > > involving handling of the urine samples. Landis attorneys have filed
> > > an extensive request for more lab documents and are seeking
> > > depositions of lab personnel.
>
> > > A three-member arbitration panel is scheduled to hear Landis' appeal
> > > of doping charges at a public hearing beginning May 14.
>
> > > USADA General Counsel Travis Tygart declined to comment on the points
> > > raised in the discovery request, citing agency rules forbidding him to
> > > discuss ongoing cases.
>
> > > Filings in the arbitration case also shed light on the anti-doping
> > > agency's rationale for asking the French lab to also retest nine of
> > > Landis' urine samples taken during and after the 2006 Tour de France.
> > > The samples at issue are B samples corresponding to A samples found to
> > > be clean.
>
> > > The USADA contends that the previous tests did not "definitively
> > > establish" that the samples were clean, and the agency wants to
> > > subject them to the more sophisticated carbon isotope test.
>
> > > The agency acknowledged in papers filed with the arbitrators that it
> > > would expect to use any positive results from the retests as evidence
> > > against Landis. The cyclist's lawyers maintain that this would violate
> > > USADA and World Anti-Doping Agency regulations, which state that an
> > > analytical sample can be deemed positive only if the A and B results
> > > match.
>
> > > Because the A samples have already been ruled negative, and in most
> > > cases no longer exist, the required match between A and B cannot be
> > > present, Landis argues.
>
> > > The arbitration panel held a closed-door session Thursday to consider
> > > Landis' request for documents and for testimony from lab employees.
> > > The panel also considered the USADA's request to retest the nine
> > > samples.
>
> > > michael.hiltzik_at_latimes.com
>
> > >That's what a good lawyer will do for a guilty client. Fight the case
> > >on technicalities.
>
> > Since when was piss poor adherence to test procedures a technicality.
> > The answer is ........never.
>
> No need to apologize for standing on technicalities.
> All due process and rights of the accused are
> technicalities. Treating a technicality as an unfair
> impediment to a prosecution is a prosecutor's way of
> poisoning the well. Speaking of which, where's Lafferty?
>
> --
> Michael Press
Tell that to Nancy Grace.
-ilan
|
| | |
Date: 25 Feb 2007 13:04:49
From: Michael Press
Subject: Re: Landis, like Jones, railroaded by Dick P and henchmen
|
In article
<1172316356.735121.82470@k78g2000cwa.googlegroups.com >,
"ilan" <ilanpi@yahoo.com > wrote:
> On Feb 24, 7:53 am, Michael Press <rub...@pacbell.net> wrote:
> > In article
> > <kICdndrVV5OWHkLYnZ2dnUVZ_revn...@comcast.com>,
> > "Phil Holman" <piholmanc@yourservice> wrote:
> >
> >
> >
> > > <dupedcycl...@aol.com> wrote in message
> > >news:1172252468.830688.228660@p10g2000cwp.googlegroups.com...
> > > On Feb 23, 8:27?am, "raylopez99" <raylope...@yahoo.com> wrote:
>
[...]
> > > >That's what a good lawyer will do for a guilty client. Fight the case
> > > >on technicalities.
> >
> > > Since when was piss poor adherence to test procedures a technicality.
> > > The answer is ........never.
> >
> > No need to apologize for standing on technicalities.
> > All due process and rights of the accused are
> > technicalities. Treating a technicality as an unfair
> > impediment to a prosecution is a prosecutor's way of
> > poisoning the well. Speaking of which, where's Lafferty?
>
> Tell that to Nancy Grace.
She already understand it. It is others that need to
set it.
--
Michael Press
|
| | |
Date: 24 Feb 2007 09:52:39
From: Joe Cipale
Subject: Re: Landis, like Jones, railroaded by Dick P and henchmen
|
ilan wrote:
> On Feb 24, 7:53 am, Michael Press <rub...@pacbell.net> wrote:
>
>
> Tell that to Nancy Grace.
>
> -ilan
>
CNN would be a better place if that dried-up old c*** were to be
replaced with a dried up sponge. The only difference is the sponge has
more intelligence.
|
| | |
Date: 24 Feb 2007 07:40:13
From: Phil Holman
Subject: Re: Landis, like Jones, railroaded by Dick P and henchmen
|
"ilan" <ilanpi@yahoo.com > wrote in message
news:1172316356.735121.82470@k78g2000cwa.googlegroups.com...
> On Feb 24, 7:53 am, Michael Press <rub...@pacbell.net> wrote:
>> In article
>> <kICdndrVV5OWHkLYnZ2dnUVZ_revn...@comcast.com>,
>> "Phil Holman" <piholmanc@yourservice> wrote:
>>
>>
>>
>> > <dupedcycl...@aol.com> wrote in message
>> >news:1172252468.830688.228660@p10g2000cwp.googlegroups.com...
>> > On Feb 23, 8:27?am, "raylopez99" <raylope...@yahoo.com> wrote:
>> > > Another person screwed by the Anti-doping Clique. Hamilton,
>> > > Jones,
>> > > Kenderis, Landis (that I can think of off the top of my head, and
>> > > I
>> > > don't even follow the sport of Track and Field).
>>
>> > > Four. How many more?
>>
>> > > RL
>>
>> > > Anti-doping case against Landis may be in jeopardy
>> > > Possible errors by French laboratory could compromise findings
>> > > that
>> > > have threatened U.S. cyclist's Tour de France victory
>> > > By Michael A. Hiltzik, Times Staff Writer
>> > > February 23, 2007
>>
>> > > The French laboratory that produced incriminating doping results
>> > > against Tour de France champion Floyd Landis may have allowed
>> > > improper
>> > > access to the American cyclist's urine samples, lab documents
>> > > show -
>> > > one of a number of errors that could jeopardize the case against
>> > > Landis.
>>
>> > > A similar error, committed by the same lab in 2005, resulted in
>> > > the
>> > > rare dismissal of doping charges against Spanish cyclist Inigo
>> > > Landaluze in December.
>>
>> > > Lab records turned over to Landis defense lawyers and reviewed by
>> > > The
>> > > Times show that two technicians from the French government-owned
>> > > lab
>> > > were involved in both the original urine analysis and a second,
>> > > validating test. International lab standards prohibit technicians
>> > > from
>> > > participating in both tests to prevent them from validating their
>> > > own
>> > > findings.
>>
>> > > It was not clear in the records whether the technicians - Esther
>> > > Cerpolini and Cynthia Mongongu of Laboratorie National Depistage
>> > > du
>> > > Dopage - played roles significant enough in both tests to
>> > > disqualify
>> > > the findings. Landis attorneys have asked arbitrators to let them
>> > > question the technicians.
>>
>> > > In a decision issued Dec. 19, 2006, the arbitrators in the
>> > > Landaluze
>> > > case underscored the risks of technicians violating the lab
>> > > standards.
>> > > Their written finding said it is "forbidden that the same analyst
>> > > handles or manipulates" both the original and validation samples.
>> > > "The
>> > > applicable rule is clear and devoid of any flexibility," they
>> > > wrote.
>>
>> > > Based on tests of urine samples by the lab in the Paris suburb of
>> > > Chatenay-Malabry, the U.S. Anti-Doping Agency accused Landis of
>> > > doping
>> > > with testosterone during last summer's three-week French road
>> > > race.
>>
>> > > Much is at stake for both sides. The cyclist, who lives in
>> > > Murrieta,
>> > > faces a two-year suspension and loss of his Tour title if the
>> > > doping
>> > > charge is upheld. In his defense, Landis has launched the most
>> > > serious
>> > > and sustained attack on the international sports anti-doping
>> > > program
>> > > and its procedures since it was established in 2000.
>>
>> > > Lab records produced in the legal battle show a number of
>> > > potentially
>> > > troublesome procedural problems that could undermine the case
>> > > against
>> > > Landis. For example:
>>
>> > > A document in the case was altered anonymously after Landis
>> > > questioned its accuracy. The altered version apparently was
>> > > certified
>> > > as "original."
>>
>> > > The document was in the files of French anti-doping authorities,
>> > > who
>> > > have brought a separate case against the cyclist. It is unclear
>> > > whether lab employees or anti-doping officials made the changes.
>>
>> > > The lab may have operated one crucial piece of testing equipment
>> > > under conditions that violated its manufacturers' specifications,
>> > > possibly because it did not have the operating manual.
>> > > Furthermore,
>> > > the software installed in the machine was 10 years old, based on
>> > > an
>> > > operating system no longer in use, and was designed for a
>> > > different
>> > > piece of equipment. Landis contends improper operation could
>> > > produce
>> > > erroneous readings.
>>
>> > > The lab has insisted the instrument was in proper working order.
>> > > The
>> > > machine produced a carbon isotope ratio mass spectrometry reading
>> > > purportedly showing the presence of artificial testosterone in
>> > > Landis'
>> > > urine sample, the key analytical evidence against the rider.
>>
>> > > The lab was in possession of documents clearly linking Landis to
>> > > his sample, a possible violation of anti-doping rules requiring
>> > > that
>> > > all samples handled by a testing lab be anonymous. At least one
>> > > such
>> > > document was provided by the French anti-doping agency to Landis'
>> > > attorneys, who contend it came from the lab.
>>
>> > > But potentially most troublesome were questionable procedures
>> > > involving handling of the urine samples. Landis attorneys have
>> > > filed
>> > > an extensive request for more lab documents and are seeking
>> > > depositions of lab personnel.
>>
>> > > A three-member arbitration panel is scheduled to hear Landis'
>> > > appeal
>> > > of doping charges at a public hearing beginning May 14.
>>
>> > > USADA General Counsel Travis Tygart declined to comment on the
>> > > points
>> > > raised in the discovery request, citing agency rules forbidding
>> > > him to
>> > > discuss ongoing cases.
>>
>> > > Filings in the arbitration case also shed light on the
>> > > anti-doping
>> > > agency's rationale for asking the French lab to also retest nine
>> > > of
>> > > Landis' urine samples taken during and after the 2006 Tour de
>> > > France.
>> > > The samples at issue are B samples corresponding to A samples
>> > > found to
>> > > be clean.
>>
>> > > The USADA contends that the previous tests did not "definitively
>> > > establish" that the samples were clean, and the agency wants to
>> > > subject them to the more sophisticated carbon isotope test.
>>
>> > > The agency acknowledged in papers filed with the arbitrators that
>> > > it
>> > > would expect to use any positive results from the retests as
>> > > evidence
>> > > against Landis. The cyclist's lawyers maintain that this would
>> > > violate
>> > > USADA and World Anti-Doping Agency regulations, which state that
>> > > an
>> > > analytical sample can be deemed positive only if the A and B
>> > > results
>> > > match.
>>
>> > > Because the A samples have already been ruled negative, and in
>> > > most
>> > > cases no longer exist, the required match between A and B cannot
>> > > be
>> > > present, Landis argues.
>>
>> > > The arbitration panel held a closed-door session Thursday to
>> > > consider
>> > > Landis' request for documents and for testimony from lab
>> > > employees.
>> > > The panel also considered the USADA's request to retest the nine
>> > > samples.
>>
>> > > michael.hiltzik_at_latimes.com
>>
>> > >That's what a good lawyer will do for a guilty client. Fight the
>> > >case
>> > >on technicalities.
>>
>> > Since when was piss poor adherence to test procedures a
>> > technicality.
>> > The answer is ........never.
>>
>> No need to apologize for standing on technicalities.
>> All due process and rights of the accused are
>> technicalities. Treating a technicality as an unfair
>> impediment to a prosecution is a prosecutor's way of
>> poisoning the well. Speaking of which, where's Lafferty?
>>
>> --
>> Michael Press
>
> Tell that to Nancy Grace.
>
Your point illustrates what's wrong with the legal system. It's too
dependent on the aptitude of the prosecutor/defense. Perfect record
indeed; statistically you would expect some of those to be innocent
unless she only prosecuted cases that were a slam dunk
Phil H
|
| |
Date: 23 Feb 2007 21:53:33
From: dustoyevsky@mac.com
Subject: Re: Backing up It's the worst case scenario" statement
|
On Feb 23, 7:52 pm, "Tom Kunich" <cyclintom@yahoo. com > wrote:
> Imagine anyone taking testosterone and then going for a win the next day! It
> requires the IQ of Asher or someone (snip)
How about someone named "Kunich"?
>to believe anything that stupid.
He got drunk and forgot to take the patch off in time, according to
the usual "dope and don't get caught" protocols.
(sarcasm, devil's advocate off)
I think you should expand on your assertion that the sample was
contaminated. This is an angle I haven't seen explored much; it's much
stronger than having the same techs do A and B sample testing, I would
think-- unless it points to the source of contamination, of course.
Well, this could turn into a velous black eye for The Testers, and
one well deserved, too. "The tests are good"-- well, maybe they're not
so good. Maybe they're not good enough to use, if coupled with "death
penalty" punishments. --D-y
|
| |
Date: 23 Feb 2007 18:25:22
From: SLAVE of THE STATE
Subject: Re: Backing up It's the worst case scenario" statement
|
On Feb 23, 4:53 pm, "Mike Jacoubowsky" <M...@ChainReaction.com > wrote:
>
> From that moment on, their every
> waking hour seemed to be devoted to backing up their initial statements. And
> they've continued backing up those statements despite many opportunities to
> add a bit of well-placed concern that something might not have gone quite
> right.
Fuck, they are well qualified to run for political office.
|
| |
Date: 23 Feb 2007 16:24:38
From:
Subject: Re: Landis, like Jones, railroaded by Dick P and henchmen
|
On Feb 23, 5:12 pm, "Phil Holman" <piholmanc@yourservice > wrote:
> <dupedcycl...@aol.com> wrote in message
>
> news:1172252468.830688.228660@p10g2000cwp.googlegroups.com...
> On Feb 23, 8:27?am, "raylopez99" <raylope...@yahoo.com> wrote:
>
>
>
>
>
> > Another person screwed by the Anti-doping Clique. Hamilton, Jones,
> > Kenderis, Landis (that I can think of off the top of my head, and I
> > don't even follow the sport of Track and Field).
>
> > Four. How many more?
>
> > RL
>
> > Anti-doping case against Landis may be in jeopardy
> > Possible errors by French laboratory could compromise findings that
> > have threatened U.S. cyclist's Tour de France victory
> > By Michael A. Hiltzik, Times Staff Writer
> > February 23, 2007
>
> > The French laboratory that produced incriminating doping results
> > against Tour de France champion Floyd Landis may have allowed improper
> > access to the American cyclist's urine samples, lab documents show -
> > one of a number of errors that could jeopardize the case against
> > Landis.
>
> > A similar error, committed by the same lab in 2005, resulted in the
> > rare dismissal of doping charges against Spanish cyclist Inigo
> > Landaluze in December.
>
> > Lab records turned over to Landis defense lawyers and reviewed by The
> > Times show that two technicians from the French government-owned lab
> > were involved in both the original urine analysis and a second,
> > validating test. International lab standards prohibit technicians from
> > participating in both tests to prevent them from validating their own
> > findings.
>
> > It was not clear in the records whether the technicians - Esther
> > Cerpolini and Cynthia Mongongu of Laboratorie National Depistage du
> > Dopage - played roles significant enough in both tests to disqualify
> > the findings. Landis attorneys have asked arbitrators to let them
> > question the technicians.
>
> > In a decision issued Dec. 19, 2006, the arbitrators in the Landaluze
> > case underscored the risks of technicians violating the lab standards.
> > Their written finding said it is "forbidden that the same analyst
> > handles or manipulates" both the original and validation samples. "The
> > applicable rule is clear and devoid of any flexibility," they wrote.
>
> > Based on tests of urine samples by the lab in the Paris suburb of
> > Chatenay-Malabry, the U.S. Anti-Doping Agency accused Landis of doping
> > with testosterone during last summer's three-week French road race.
>
> > Much is at stake for both sides. The cyclist, who lives in Murrieta,
> > faces a two-year suspension and loss of his Tour title if the doping
> > charge is upheld. In his defense, Landis has launched the most serious
> > and sustained attack on the international sports anti-doping program
> > and its procedures since it was established in 2000.
>
> > Lab records produced in the legal battle show a number of potentially
> > troublesome procedural problems that could undermine the case against
> > Landis. For example:
>
> > A document in the case was altered anonymously after Landis
> > questioned its accuracy. The altered version apparently was certified
> > as "original."
>
> > The document was in the files of French anti-doping authorities, who
> > have brought a separate case against the cyclist. It is unclear
> > whether lab employees or anti-doping officials made the changes.
>
> > The lab may have operated one crucial piece of testing equipment
> > under conditions that violated its manufacturers' specifications,
> > possibly because it did not have the operating manual. Furthermore,
> > the software installed in the machine was 10 years old, based on an
> > operating system no longer in use, and was designed for a different
> > piece of equipment. Landis contends improper operation could produce
> > erroneous readings.
>
> > The lab has insisted the instrument was in proper working order. The
> > machine produced a carbon isotope ratio mass spectrometry reading
> > purportedly showing the presence of artificial testosterone in Landis'
> > urine sample, the key analytical evidence against the rider.
>
> > The lab was in possession of documents clearly linking Landis to
> > his sample, a possible violation of anti-doping rules requiring that
> > all samples handled by a testing lab be anonymous. At least one such
> > document was provided by the French anti-doping agency to Landis'
> > attorneys, who contend it came from the lab.
>
> > But potentially most troublesome were questionable procedures
> > involving handling of the urine samples. Landis attorneys have filed
> > an extensive request for more lab documents and are seeking
> > depositions of lab personnel.
>
> > A three-member arbitration panel is scheduled to hear Landis' appeal
> > of doping charges at a public hearing beginning May 14.
>
> > USADA General Counsel Travis Tygart declined to comment on the points
> > raised in the discovery request, citing agency rules forbidding him to
> > discuss ongoing cases.
>
> > Filings in the arbitration case also shed light on the anti-doping
> > agency's rationale for asking the French lab to also retest nine of
> > Landis' urine samples taken during and after the 2006 Tour de France.
> > The samples at issue are B samples corresponding to A samples found to
> > be clean.
>
> > The USADA contends that the previous tests did not "definitively
> > establish" that the samples were clean, and the agency wants to
> > subject them to the more sophisticated carbon isotope test.
>
> > The agency acknowledged in papers filed with the arbitrators that it
> > would expect to use any positive results from the retests as evidence
> > against Landis. The cyclist's lawyers maintain that this would violate
> > USADA and World Anti-Doping Agency regulations, which state that an
> > analytical sample can be deemed positive only if the A and B results
> > match.
>
> > Because the A samples have already been ruled negative, and in most
> > cases no longer exist, the required match between A and B cannot be
> > present, Landis argues.
>
> > The arbitration panel held a closed-door session Thursday to consider
> > Landis' request for documents and for testimony from lab employees.
> > The panel also considered the USADA's request to retest the nine
> > samples.
>
> > michael.hiltzik_at_latimes.com
> >That's what a good lawyer will do for a guilty client. Fight the case
> >on technicalities.
>
> Since when was piss poor adherence to test procedures a technicality.
> The answer is ........never.
>
> Phil H- Hide quoted text -
>
> - Show quoted text -
Exactly!
If what the paper is reporting is true... then the UCI and WADA should
just 'fess up that they fucked up, tell Floyd they're sorry, and help
him find a team for the rest of the year!
If what the paper is reporting is true, there NEVER should have been a
declaration of a positive test in the first place.
Fred
|
| | |
Date: 23 Feb 2007 21:09:55
From: Charles
Subject: Re: Landis, like Jones, ...
|
>
> Exactly!
>
> If what the paper is reporting is true... then the UCI and WADA should
> just 'fess up that they fucked up, tell Floyd they're sorry, and help
> him find a team for the rest of the year!
>
> If what the paper is reporting is true, there NEVER should have been a
> declaration of a positive test in the first place.
>
> Fred
>
Like this. Much more readable, eh ? Thanks for listening.
|
| | |
Date: 23 Feb 2007 21:08:56
From: Charles
Subject: Re: Landis, like Jones, ...snip
|
<fred.garvin@yahoo.com > wrote in message
news:1172276678.677742.211300@s48g2000cws.googlegroups.com...
> On Feb 23, 5:12 pm, "Phil Holman" <piholmanc@yourservice> wrote:
> > <dupedcycl...@aol.com> wrote in message
> >
> > news:1172252468.830688.228660@p10g2000cwp.googlegroups.com...
> > On Feb 23, 8:27?am, "raylopez99" <raylope...@yahoo.com> wrote:
> >
> >
> >
> >
> >
> > > Another person screwed by the Anti-doping Clique. Hamilton, Jones,
> > > Kenderis, Landis (that I can think of off the top of my head, and I
> > > don't even follow the sport of Track and Field).
> >
> > > Four. How many more?
> >
> > > RL
> >
> > > Anti-doping case against Landis may be in jeopardy
> > > Possible errors by French laboratory could compromise findings that
> > > have threatened U.S. cyclist's Tour de France victory
> > > By Michael A. Hiltzik, Times Staff Writer
> > > February 23, 2007
> >
> > > The French laboratory that produced incriminating doping results
> > > against Tour de France champion Floyd Landis may have allowed improper
> > > access to the American cyclist's urine samples, lab documents show -
> > > one of a number of errors that could jeopardize the case against
> > > Landis.
> >
> > > A similar error, committed by the same lab in 2005, resulted in the
> > > rare dismissal of doping charges against Spanish cyclist Inigo
> > > Landaluze in December.
> >
> > > Lab records turned over to Landis defense lawyers and reviewed by The
> > > Times show that two technicians from the French government-owned lab
> > > were involved in both the original urine analysis and a second,
> > > validating test. International lab standards prohibit technicians from
> > > participating in both tests to prevent them from validating their own
> > > findings.
> >
> > > It was not clear in the records whether the technicians - Esther
> > > Cerpolini and Cynthia Mongongu of Laboratorie National Depistage du
> > > Dopage - played roles significant enough in both tests to disqualify
> > > the findings. Landis attorneys have asked arbitrators to let them
> > > question the technicians.
> >
> > > In a decision issued Dec. 19, 2006, the arbitrators in the Landaluze
> > > case underscored the risks of technicians violating the lab standards.
> > > Their written finding said it is "forbidden that the same analyst
> > > handles or manipulates" both the original and validation samples. "The
> > > applicable rule is clear and devoid of any flexibility," they wrote.
> >
> > > Based on tests of urine samples by the lab in the Paris suburb of
> > > Chatenay-Malabry, the U.S. Anti-Doping Agency accused Landis of doping
> > > with testosterone during last summer's three-week French road race.
> >
> > > Much is at stake for both sides. The cyclist, who lives in Murrieta,
> > > faces a two-year suspension and loss of his Tour title if the doping
> > > charge is upheld. In his defense, Landis has launched the most serious
> > > and sustained attack on the international sports anti-doping program
> > > and its procedures since it was established in 2000.
> >
> > > Lab records produced in the legal battle show a number of potentially
> > > troublesome procedural problems that could undermine the case against
> > > Landis. For example:
> >
> > > A document in the case was altered anonymously after Landis
> > > questioned its accuracy. The altered version apparently was certified
> > > as "original."
> >
> > > The document was in the files of French anti-doping authorities, who
> > > have brought a separate case against the cyclist. It is unclear
> > > whether lab employees or anti-doping officials made the changes.
> >
> > > The lab may have operated one crucial piece of testing equipment
> > > under conditions that violated its manufacturers' specifications,
> > > possibly because it did not have the operating manual. Furthermore,
> > > the software installed in the machine was 10 years old, based on an
> > > operating system no longer in use, and was designed for a different
> > > piece of equipment. Landis contends improper operation could produce
> > > erroneous readings.
> >
> > > The lab has insisted the instrument was in proper working order. The
> > > machine produced a carbon isotope ratio mass spectrometry reading
> > > purportedly showing the presence of artificial testosterone in Landis'
> > > urine sample, the key analytical evidence against the rider.
> >
> > > The lab was in possession of documents clearly linking Landis to
> > > his sample, a possible violation of anti-doping rules requiring that
> > > all samples handled by a testing lab be anonymous. At least one such
> > > document was provided by the French anti-doping agency to Landis'
> > > attorneys, who contend it came from the lab.
> >
> > > But potentially most troublesome were questionable procedures
> > > involving handling of the urine samples. Landis attorneys have filed
> > > an extensive request for more lab documents and are seeking
> > > depositions of lab personnel.
> >
> > > A three-member arbitration panel is scheduled to hear Landis' appeal
> > > of doping charges at a public hearing beginning May 14.
> >
> > > USADA General Counsel Travis Tygart declined to comment on the points
> > > raised in the discovery request, citing agency rules forbidding him to
> > > discuss ongoing cases.
> >
> > > Filings in the arbitration case also shed light on the anti-doping
> > > agency's rationale for asking the French lab to also retest nine of
> > > Landis' urine samples taken during and after the 2006 Tour de France.
> > > The samples at issue are B samples corresponding to A samples found to
> > > be clean.
> >
> > > The USADA contends that the previous tests did not "definitively
> > > establish" that the samples were clean, and the agency wants to
> > > subject them to the more sophisticated carbon isotope test.
> >
> > > The agency acknowledged in papers filed with the arbitrators that it
> > > would expect to use any positive results from the retests as evidence
> > > against Landis. The cyclist's lawyers maintain that this would violate
> > > USADA and World Anti-Doping Agency regulations, which state that an
> > > analytical sample can be deemed positive only if the A and B results
> > > match.
> >
> > > Because the A samples have already been ruled negative, and in most
> > > cases no longer exist, the required match between A and B cannot be
> > > present, Landis argues.
> >
> > > The arbitration panel held a closed-door session Thursday to consider
> > > Landis' request for documents and for testimony from lab employees.
> > > The panel also considered the USADA's request to retest the nine
> > > samples.
> >
> > > michael.hiltzik_at_latimes.com
> > >That's what a good lawyer will do for a guilty client. Fight the case
> > >on technicalities.
> >
> > Since when was piss poor adherence to test procedures a technicality.
> > The answer is ........never.
> >
> > Phil H- Hide quoted text -
> >
> > - Show quoted text -
>
> Exactly!
>
> If what the paper is reporting is true... then the UCI and WADA should
> just 'fess up that they fucked up, tell Floyd they're sorry, and help
> him find a team for the rest of the year!
>
> If what the paper is reporting is true, there NEVER should have been a
> declaration of a positive test in the first place.
>
> Fred
>
Dammit, bottom responders should snip the above to what is relevant. That is
so we do not have to scroll way to the bottom everytime.
|
| | |
Date: 24 Feb 2007 00:53:27
From: Mike Jacoubowsky
Subject: Backing up It's the worst case scenario" statement
|
> If what the paper is reporting is true... then the UCI and WADA should
> just 'fess up that they fucked up, tell Floyd they're sorry, and help
> him find a team for the rest of the year!
>
> If what the paper is reporting is true, there NEVER should have been a
> declaration of a positive test in the first place.
>
> Fred
From this moment on, the Wednesday following the tour (July 26th)-
=================
The Irishman (McQuaid) refused to divulge the identity of the rider in
question but was quoted as saying: "It's the worst case scenario."
=================
The UCI, WADA and, more specifically, the "leadership" of those
organizations (McQuaid and Pound) painted themselves into a corner from
which they could not gracefully exit. And these people are anything but
graceful.
Nobody considered even the remotest possibility of the testing being
incorrect, or flawed in any way whatsoever. From that moment on, their every
waking hour seemed to be devoted to backing up their initial statements. And
they've continued backing up those statements despite many opportunities to
add a bit of well-placed concern that something might not have gone quite
right.
--Mike Jacoubowsky
Chain Reaction Bicycles
www.ChainReaction.com
Redwood City & Los Altos, CA USA
|
| | | |
Date: 24 Feb 2007 08:37:18
From: Robert Chung
Subject: Re: Backing up It's the worst case scenario" statement
|
Mike Jacoubowsky wrote:
> They painted themselves into a corner
> from which they could not gracefully exit. And these people are
> anything but graceful.
>
> Nobody considered even the remotest possibility of the testing being
> incorrect, or flawed in any way whatsoever. From that moment on,
> their every waking hour seemed to be devoted to backing up their
> initial statements. And they've continued backing up those statements
> despite many opportunities to add a bit of well-placed concern that
> something might not have gone quite right.
You're playing into the hands of Al Qaida.
|
| | | |
Date: 23 Feb 2007 17:53:08
From: Diablo Scott
Subject: Re: Backing up It's the worst case scenario" statement
|
Mike Jacoubowsky wrote:
>> If what the paper is reporting is true... then the UCI and WADA should
>> just 'fess up that they fucked up, tell Floyd they're sorry, and help
>> him find a team for the rest of the year!
>>
>> If what the paper is reporting is true, there NEVER should have been a
>> declaration of a positive test in the first place.
>>
>> Fred
>
> From this moment on, the Wednesday following the tour (July 26th)-
>
> =================
> The Irishman (McQuaid) refused to divulge the identity of the rider in
> question but was quoted as saying: "It's the worst case scenario."
> =================
>
> The UCI, WADA and, more specifically, the "leadership" of those
> organizations (McQuaid and Pound) painted themselves into a corner from
> which they could not gracefully exit. And these people are anything but
> graceful.
>
> Nobody considered even the remotest possibility of the testing being
> incorrect, or flawed in any way whatsoever. From that moment on, their every
> waking hour seemed to be devoted to backing up their initial statements. And
> they've continued backing up those statements despite many opportunities to
> add a bit of well-placed concern that something might not have gone quite
> right.
>
The parallels to Nifong and the Duke lacrosse team are interesting.
|
| | | |
Date: 24 Feb 2007 01:52:30
From: Tom Kunich
Subject: Re: Backing up It's the worst case scenario" statement
|
"Mike Jacoubowsky" <MikeJ@ChainReaction.com > wrote in message
news:b0MDh.1067$jx3.394@newssvr25.news.prodigy.net...
>> If what the paper is reporting is true... then the UCI and WADA should
>> just 'fess up that they fucked up, tell Floyd they're sorry, and help
>> him find a team for the rest of the year!
>>
>> If what the paper is reporting is true, there NEVER should have been a
>> declaration of a positive test in the first place.
>>
>> Fred
>
> From this moment on, the Wednesday following the tour (July 26th)-
>
> =================
> The Irishman (McQuaid) refused to divulge the identity of the rider in
> question but was quoted as saying: "It's the worst case scenario."
> =================
>
> The UCI, WADA and, more specifically, the "leadership" of those
> organizations (McQuaid and Pound) painted themselves into a corner from
> which they could not gracefully exit. And these people are anything but
> graceful.
>
> Nobody considered even the remotest possibility of the testing being
> incorrect, or flawed in any way whatsoever. From that moment on, their
> every waking hour seemed to be devoted to backing up their initial
> statements. And they've continued backing up those statements despite many
> opportunities to add a bit of well-placed concern that something might not
> have gone quite right.
Imagine anyone taking testosterone and then going for a win the next day! It
requires the IQ of Asher or someone to believe anything that stupid.
|
| | | | |
Date: 24 Feb 2007 02:31:24
From: Mike Jacoubowsky
Subject: Re: Backing up It's the worst case scenario" statement
|
> Imagine anyone taking testosterone and then going for a win the next day!
> It requires the IQ of Asher or someone to believe anything that stupid.
I don't think the "stupidity defense" is a st move. It's well known that
criminals get caught because they're... stupid. St people don't (usually)
get caught. Thus, if you already think someone's a criminal (doper), you
also already believe they're stupid (since they got caught).
You're not going to change the minds of anyone who matters with the
"stupidity defense." Most likely the opposite.
--Mike Jacoubowsky
Chain Reaction Bicycles
www.ChainReaction.com
Redwood City & Los Altos, CA USA
|
| | | | | |
Date: 23 Feb 2007 22:56:39
From: Michael Press
Subject: Re: Backing up It's the worst case scenario" statement
|
In article
<0sNDh.1080$jx3.453@newssvr25.news.prodigy.net >,
"Mike Jacoubowsky" <MikeJ@ChainReaction.com > wrote:
> > Imagine anyone taking testosterone and then going for a win the next day!
> > It requires the IQ of Asher or someone to believe anything that stupid.
>
> I don't think the "stupidity defense" is a st move. It's well known that
> criminals get caught because they're... stupid. St people don't (usually)
> get caught. Thus, if you already think someone's a criminal (doper), you
> also already believe they're stupid (since they got caught).
>
> You're not going to change the minds of anyone who matters with the
> "stupidity defense." Most likely the opposite.
I agree. How often have you heard "Why would I chop her
into pieces and throw the bags into dumpers all over
town? I loved my wife."
--
Michael Press
|
| |
Date: 23 Feb 2007 09:47:56
From: ilan
Subject: Re: Landis, like Jones, railroaded by Dick P and henchmen
|
On Feb 23, 6:41 pm, dupedcycl...@aol.com wrote:
> On Feb 23, 8:27?am, "raylopez99" <raylope...@yahoo.com> wrote:
>
>
>
> > Another person screwed by the Anti-doping Clique. Hamilton, Jones,
> > Kenderis, Landis (that I can think of off the top of my head, and I
> > don't even follow the sport of Track and Field).
>
> > Four. How many more?
>
> > RL
>
> > Anti-doping case against Landis may be in jeopardy
> > Possible errors by French laboratory could compromise findings that
> > have threatened U.S. cyclist's Tour de France victory
> > By Michael A. Hiltzik, Times Staff Writer
> > February 23, 2007
>
> > The French laboratory that produced incriminating doping results
> > against Tour de France champion Floyd Landis may have allowed improper
> > access to the American cyclist's urine samples, lab documents show -
> > one of a number of errors that could jeopardize the case against
> > Landis.
>
> > A similar error, committed by the same lab in 2005, resulted in the
> > rare dismissal of doping charges against Spanish cyclist Inigo
> > Landaluze in December.
>
> > Lab records turned over to Landis defense lawyers and reviewed by The
> > Times show that two technicians from the French government-owned lab
> > were involved in both the original urine analysis and a second,
> > validating test. International lab standards prohibit technicians from
> > participating in both tests to prevent them from validating their own
> > findings.
>
> > It was not clear in the records whether the technicians - Esther
> > Cerpolini and Cynthia Mongongu of Laboratorie National Depistage du
> > Dopage - played roles significant enough in both tests to disqualify
> > the findings. Landis attorneys have asked arbitrators to let them
> > question the technicians.
>
> > In a decision issued Dec. 19, 2006, the arbitrators in the Landaluze
> > case underscored the risks of technicians violating the lab standards.
> > Their written finding said it is "forbidden that the same analyst
> > handles or manipulates" both the original and validation samples. "The
> > applicable rule is clear and devoid of any flexibility," they wrote.
>
> > Based on tests of urine samples by the lab in the Paris suburb of
> > Chatenay-Malabry, the U.S. Anti-Doping Agency accused Landis of doping
> > with testosterone during last summer's three-week French road race.
>
> > Much is at stake for both sides. The cyclist, who lives in Murrieta,
> > faces a two-year suspension and loss of his Tour title if the doping
> > charge is upheld. In his defense, Landis has launched the most serious
> > and sustained attack on the international sports anti-doping program
> > and its procedures since it was established in 2000.
>
> > Lab records produced in the legal battle show a number of potentially
> > troublesome procedural problems that could undermine the case against
> > Landis. For example:
>
> > A document in the case was altered anonymously after Landis
> > questioned its accuracy. The altered version apparently was certified
> > as "original."
>
> > The document was in the files of French anti-doping authorities, who
> > have brought a separate case against the cyclist. It is unclear
> > whether lab employees or anti-doping officials made the changes.
>
> > The lab may have operated one crucial piece of testing equipment
> > under conditions that violated its manufacturers' specifications,
> > possibly because it did not have the operating manual. Furthermore,
> > the software installed in the machine was 10 years old, based on an
> > operating system no longer in use, and was designed for a different
> > piece of equipment. Landis contends improper operation could produce
> > erroneous readings.
>
> > The lab has insisted the instrument was in proper working order. The
> > machine produced a carbon isotope ratio mass spectrometry reading
> > purportedly showing the presence of artificial testosterone in Landis'
> > urine sample, the key analytical evidence against the rider.
>
> > The lab was in possession of documents clearly linking Landis to
> > his sample, a possible violation of anti-doping rules requiring that
> > all samples handled by a testing lab be anonymous. At least one such
> > document was provided by the French anti-doping agency to Landis'
> > attorneys, who contend it came from the lab.
>
> > But potentially most troublesome were questionable procedures
> > involving handling of the urine samples. Landis attorneys have filed
> > an extensive request for more lab documents and are seeking
> > depositions of lab personnel.
>
> > A three-member arbitration panel is scheduled to hear Landis' appeal
> > of doping charges at a public hearing beginning May 14.
>
> > USADA General Counsel Travis Tygart declined to comment on the points
> > raised in the discovery request, citing agency rules forbidding him to
> > discuss ongoing cases.
>
> > Filings in the arbitration case also shed light on the anti-doping
> > agency's rationale for asking the French lab to also retest nine of
> > Landis' urine samples taken during and after the 2006 Tour de France.
> > The samples at issue are B samples corresponding to A samples found to
> > be clean.
>
> > The USADA contends that the previous tests did not "definitively
> > establish" that the samples were clean, and the agency wants to
> > subject them to the more sophisticated carbon isotope test.
>
> > The agency acknowledged in papers filed with the arbitrators that it
> > would expect to use any positive results from the retests as evidence
> > against Landis. The cyclist's lawyers maintain that this would violate
> > USADA and World Anti-Doping Agency regulations, which state that an
> > analytical sample can be deemed positive only if the A and B results
> > match.
>
> > Because the A samples have already been ruled negative, and in most
> > cases no longer exist, the required match between A and B cannot be
> > present, Landis argues.
>
> > The arbitration panel held a closed-door session Thursday to consider
> > Landis' request for documents and for testimony from lab employees.
> > The panel also considered the USADA's request to retest the nine
> > samples.
>
> > michael.hiltzik_at_latimes.com
>
> That's what a good lawyer will do for a guilty client. Fight the case
> on technicalities.
As a defence lawyer once told me, they are all guilty, the trick is to
show that they are not guilty of what they
were charged with.
-ilan
|
| |
Date: 23 Feb 2007 09:41:08
From:
Subject: Re: Landis, like Jones, railroaded by Dick P and henchmen
|
On Feb 23, 8:27=EF=BF=BDam, "raylopez99" <raylope...@yahoo.com > wrote:
> Another person screwed by the Anti-doping Clique. =A0Hamilton, Jones,
> Kenderis, Landis (that I can think of off the top of my head, and I
> don't even follow the sport of Track and Field).
>
> Four. =A0How many more?
>
> RL
>
> Anti-doping case against Landis may be in jeopardy
> Possible errors by French laboratory could compromise findings that
> have threatened U.S. cyclist's Tour de France victory
> By Michael A. Hiltzik, Times Staff Writer
> February 23, 2007
>
> The French laboratory that produced incriminating doping results
> against Tour de France champion Floyd Landis may have allowed improper
> access to the American cyclist's urine samples, lab documents show -
> one of a number of errors that could jeopardize the case against
> Landis.
>
> A similar error, committed by the same lab in 2005, resulted in the
> rare dismissal of doping charges against Spanish cyclist Inigo
> Landaluze in December.
>
> Lab records turned over to Landis defense lawyers and reviewed by The
> Times show that two technicians from the French government-owned lab
> were involved in both the original urine analysis and a second,
> validating test. International lab standards prohibit technicians from
> participating in both tests to prevent them from validating their own
> findings.
>
> It was not clear in the records whether the technicians - Esther
> Cerpolini and Cynthia Mongongu of Laboratorie National Depistage du
> Dopage - played roles significant enough in both tests to disqualify
> the findings. Landis attorneys have asked arbitrators to let them
> question the technicians.
>
> In a decision issued Dec. 19, 2006, the arbitrators in the Landaluze
> case underscored the risks of technicians violating the lab standards.
> Their written finding said it is "forbidden that the same analyst
> handles or manipulates" both the original and validation samples. "The
> applicable rule is clear and devoid of any flexibility," they wrote.
>
> Based on tests of urine samples by the lab in the Paris suburb of
> Chatenay-Malabry, the U.S. Anti-Doping Agency accused Landis of doping
> with testosterone during last summer's three-week French road race.
>
> Much is at stake for both sides. The cyclist, who lives in Murrieta,
> faces a two-year suspension and loss of his Tour title if the doping
> charge is upheld. In his defense, Landis has launched the most serious
> and sustained attack on the international sports anti-doping program
> and its procedures since it was established in 2000.
>
> Lab records produced in the legal battle show a number of potentially
> troublesome procedural problems that could undermine the case against
> Landis. For example:
>
> =B7 =A0A document in the case was altered anonymously after Landis
> questioned its accuracy. The altered version apparently was certified
> as "original."
>
> The document was in the files of French anti-doping authorities, who
> have brought a separate case against the cyclist. It is unclear
> whether lab employees or anti-doping officials made the changes.
>
> =B7 =A0The lab may have operated one crucial piece of testing equipment
> under conditions that violated its manufacturers' specifications,
> possibly because it did not have the operating manual. Furthermore,
> the software installed in the machine was 10 years old, based on an
> operating system no longer in use, and was designed for a different
> piece of equipment. Landis contends improper operation could produce
> erroneous readings.
>
> The lab has insisted the instrument was in proper working order. The
> machine produced a carbon isotope ratio mass spectrometry reading
> purportedly showing the presence of artificial testosterone in Landis'
> urine sample, the key analytical evidence against the rider.
>
> =B7 =A0The lab was in possession of documents clearly linking Landis to
> his sample, a possible violation of anti-doping rules requiring that
> all samples handled by a testing lab be anonymous. At least one such
> document was provided by the French anti-doping agency to Landis'
> attorneys, who contend it came from the lab.
>
> But potentially most troublesome were questionable procedures
> involving handling of the urine samples. Landis attorneys have filed
> an extensive request for more lab documents and are seeking
> depositions of lab personnel.
>
> A three-member arbitration panel is scheduled to hear Landis' appeal
> of doping charges at a public hearing beginning May 14.
>
> USADA General Counsel Travis Tygart declined to comment on the points
> raised in the discovery request, citing agency rules forbidding him to
> discuss ongoing cases.
>
> Filings in the arbitration case also shed light on the anti-doping
> agency's rationale for asking the French lab to also retest nine of
> Landis' urine samples taken during and after the 2006 Tour de France.
> The samples at issue are B samples corresponding to A samples found to
> be clean.
>
> The USADA contends that the previous tests did not "definitively
> establish" that the samples were clean, and the agency wants to
> subject them to the more sophisticated carbon isotope test.
>
> The agency acknowledged in papers filed with the arbitrators that it
> would expect to use any positive results from the retests as evidence
> against Landis. The cyclist's lawyers maintain that this would violate
> USADA and World Anti-Doping Agency regulations, which state that an
> analytical sample can be deemed positive only if the A and B results
> match.
>
> Because the A samples have already been ruled negative, and in most
> cases no longer exist, the required match between A and B cannot be
> present, Landis argues.
>
> The arbitration panel held a closed-door session Thursday to consider
> Landis' request for documents and for testimony from lab employees.
> The panel also considered the USADA's request to retest the nine
> samples.
>
> michael.hiltzik_at_latimes.com
That's what a good lawyer will do for a guilty client. Fight the case
on technicalities.
|
| | |
Date: 23 Feb 2007 16:12:53
From: Phil Holman
Subject: Re: Landis, like Jones, railroaded by Dick P and henchmen
|
<dupedcyclist@aol.com > wrote in message
news:1172252468.830688.228660@p10g2000cwp.googlegroups.com...
On Feb 23, 8:27?am, "raylopez99" <raylope...@yahoo.com > wrote:
> Another person screwed by the Anti-doping Clique. Hamilton, Jones,
> Kenderis, Landis (that I can think of off the top of my head, and I
> don't even follow the sport of Track and Field).
>
> Four. How many more?
>
> RL
>
> Anti-doping case against Landis may be in jeopardy
> Possible errors by French laboratory could compromise findings that
> have threatened U.S. cyclist's Tour de France victory
> By Michael A. Hiltzik, Times Staff Writer
> February 23, 2007
>
> The French laboratory that produced incriminating doping results
> against Tour de France champion Floyd Landis may have allowed improper
> access to the American cyclist's urine samples, lab documents show -
> one of a number of errors that could jeopardize the case against
> Landis.
>
> A similar error, committed by the same lab in 2005, resulted in the
> rare dismissal of doping charges against Spanish cyclist Inigo
> Landaluze in December.
>
> Lab records turned over to Landis defense lawyers and reviewed by The
> Times show that two technicians from the French government-owned lab
> were involved in both the original urine analysis and a second,
> validating test. International lab standards prohibit technicians from
> participating in both tests to prevent them from validating their own
> findings.
>
> It was not clear in the records whether the technicians - Esther
> Cerpolini and Cynthia Mongongu of Laboratorie National Depistage du
> Dopage - played roles significant enough in both tests to disqualify
> the findings. Landis attorneys have asked arbitrators to let them
> question the technicians.
>
> In a decision issued Dec. 19, 2006, the arbitrators in the Landaluze
> case underscored the risks of technicians violating the lab standards.
> Their written finding said it is "forbidden that the same analyst
> handles or manipulates" both the original and validation samples. "The
> applicable rule is clear and devoid of any flexibility," they wrote.
>
> Based on tests of urine samples by the lab in the Paris suburb of
> Chatenay-Malabry, the U.S. Anti-Doping Agency accused Landis of doping
> with testosterone during last summer's three-week French road race.
>
> Much is at stake for both sides. The cyclist, who lives in Murrieta,
> faces a two-year suspension and loss of his Tour title if the doping
> charge is upheld. In his defense, Landis has launched the most serious
> and sustained attack on the international sports anti-doping program
> and its procedures since it was established in 2000.
>
> Lab records produced in the legal battle show a number of potentially
> troublesome procedural problems that could undermine the case against
> Landis. For example:
>
> A document in the case was altered anonymously after Landis
> questioned its accuracy. The altered version apparently was certified
> as "original."
>
> The document was in the files of French anti-doping authorities, who
> have brought a separate case against the cyclist. It is unclear
> whether lab employees or anti-doping officials made the changes.
>
> The lab may have operated one crucial piece of testing equipment
> under conditions that violated its manufacturers' specifications,
> possibly because it did not have the operating manual. Furthermore,
> the software installed in the machine was 10 years old, based on an
> operating system no longer in use, and was designed for a different
> piece of equipment. Landis contends improper operation could produce
> erroneous readings.
>
> The lab has insisted the instrument was in proper working order. The
> machine produced a carbon isotope ratio mass spectrometry reading
> purportedly showing the presence of artificial testosterone in Landis'
> urine sample, the key analytical evidence against the rider.
>
> The lab was in possession of documents clearly linking Landis to
> his sample, a possible violation of anti-doping rules requiring that
> all samples handled by a testing lab be anonymous. At least one such
> document was provided by the French anti-doping agency to Landis'
> attorneys, who contend it came from the lab.
>
> But potentially most troublesome were questionable procedures
> involving handling of the urine samples. Landis attorneys have filed
> an extensive request for more lab documents and are seeking
> depositions of lab personnel.
>
> A three-member arbitration panel is scheduled to hear Landis' appeal
> of doping charges at a public hearing beginning May 14.
>
> USADA General Counsel Travis Tygart declined to comment on the points
> raised in the discovery request, citing agency rules forbidding him to
> discuss ongoing cases.
>
> Filings in the arbitration case also shed light on the anti-doping
> agency's rationale for asking the French lab to also retest nine of
> Landis' urine samples taken during and after the 2006 Tour de France.
> The samples at issue are B samples corresponding to A samples found to
> be clean.
>
> The USADA contends that the previous tests did not "definitively
> establish" that the samples were clean, and the agency wants to
> subject them to the more sophisticated carbon isotope test.
>
> The agency acknowledged in papers filed with the arbitrators that it
> would expect to use any positive results from the retests as evidence
> against Landis. The cyclist's lawyers maintain that this would violate
> USADA and World Anti-Doping Agency regulations, which state that an
> analytical sample can be deemed positive only if the A and B results
> match.
>
> Because the A samples have already been ruled negative, and in most
> cases no longer exist, the required match between A and B cannot be
> present, Landis argues.
>
> The arbitration panel held a closed-door session Thursday to consider
> Landis' request for documents and for testimony from lab employees.
> The panel also considered the USADA's request to retest the nine
> samples.
>
> michael.hiltzik_at_latimes.com
>That's what a good lawyer will do for a guilty client. Fight the case
>on technicalities.
Since when was piss poor adherence to test procedures a technicality.
The answer is ........never.
Phil H
|
| | | |
Date: 23 Feb 2007 22:53:00
From: Michael Press
Subject: Re: Landis, like Jones, railroaded by Dick P and henchmen
|
In article
<kICdndrVV5OWHkLYnZ2dnUVZ_revnZ2d@comcast.com >,
"Phil Holman" <piholmanc@yourservice > wrote:
> <dupedcyclist@aol.com> wrote in message
> news:1172252468.830688.228660@p10g2000cwp.googlegroups.com...
> On Feb 23, 8:27?am, "raylopez99" <raylope...@yahoo.com> wrote:
> > Another person screwed by the Anti-doping Clique. Hamilton, Jones,
> > Kenderis, Landis (that I can think of off the top of my head, and I
> > don't even follow the sport of Track and Field).
> >
> > Four. How many more?
> >
> > RL
> >
> > Anti-doping case against Landis may be in jeopardy
> > Possible errors by French laboratory could compromise findings that
> > have threatened U.S. cyclist's Tour de France victory
> > By Michael A. Hiltzik, Times Staff Writer
> > February 23, 2007
> >
> > The French laboratory that produced incriminating doping results
> > against Tour de France champion Floyd Landis may have allowed improper
> > access to the American cyclist's urine samples, lab documents show -
> > one of a number of errors that could jeopardize the case against
> > Landis.
> >
> > A similar error, committed by the same lab in 2005, resulted in the
> > rare dismissal of doping charges against Spanish cyclist Inigo
> > Landaluze in December.
> >
> > Lab records turned over to Landis defense lawyers and reviewed by The
> > Times show that two technicians from the French government-owned lab
> > were involved in both the original urine analysis and a second,
> > validating test. International lab standards prohibit technicians from
> > participating in both tests to prevent them from validating their own
> > findings.
> >
> > It was not clear in the records whether the technicians - Esther
> > Cerpolini and Cynthia Mongongu of Laboratorie National Depistage du
> > Dopage - played roles significant enough in both tests to disqualify
> > the findings. Landis attorneys have asked arbitrators to let them
> > question the technicians.
> >
> > In a decision issued Dec. 19, 2006, the arbitrators in the Landaluze
> > case underscored the risks of technicians violating the lab standards.
> > Their written finding said it is "forbidden that the same analyst
> > handles or manipulates" both the original and validation samples. "The
> > applicable rule is clear and devoid of any flexibility," they wrote.
> >
> > Based on tests of urine samples by the lab in the Paris suburb of
> > Chatenay-Malabry, the U.S. Anti-Doping Agency accused Landis of doping
> > with testosterone during last summer's three-week French road race.
> >
> > Much is at stake for both sides. The cyclist, who lives in Murrieta,
> > faces a two-year suspension and loss of his Tour title if the doping
> > charge is upheld. In his defense, Landis has launched the most serious
> > and sustained attack on the international sports anti-doping program
> > and its procedures since it was established in 2000.
> >
> > Lab records produced in the legal battle show a number of potentially
> > troublesome procedural problems that could undermine the case against
> > Landis. For example:
> >
> > A document in the case was altered anonymously after Landis
> > questioned its accuracy. The altered version apparently was certified
> > as "original."
> >
> > The document was in the files of French anti-doping authorities, who
> > have brought a separate case against the cyclist. It is unclear
> > whether lab employees or anti-doping officials made the changes.
> >
> > The lab may have operated one crucial piece of testing equipment
> > under conditions that violated its manufacturers' specifications,
> > possibly because it did not have the operating manual. Furthermore,
> > the software installed in the machine was 10 years old, based on an
> > operating system no longer in use, and was designed for a different
> > piece of equipment. Landis contends improper operation could produce
> > erroneous readings.
> >
> > The lab has insisted the instrument was in proper working order. The
> > machine produced a carbon isotope ratio mass spectrometry reading
> > purportedly showing the presence of artificial testosterone in Landis'
> > urine sample, the key analytical evidence against the rider.
> >
> > The lab was in possession of documents clearly linking Landis to
> > his sample, a possible violation of anti-doping rules requiring that
> > all samples handled by a testing lab be anonymous. At least one such
> > document was provided by the French anti-doping agency to Landis'
> > attorneys, who contend it came from the lab.
> >
> > But potentially most troublesome were questionable procedures
> > involving handling of the urine samples. Landis attorneys have filed
> > an extensive request for more lab documents and are seeking
> > depositions of lab personnel.
> >
> > A three-member arbitration panel is scheduled to hear Landis' appeal
> > of doping charges at a public hearing beginning May 14.
> >
> > USADA General Counsel Travis Tygart declined to comment on the points
> > raised in the discovery request, citing agency rules forbidding him to
> > discuss ongoing cases.
> >
> > Filings in the arbitration case also shed light on the anti-doping
> > agency's rationale for asking the French lab to also retest nine of
> > Landis' urine samples taken during and after the 2006 Tour de France.
> > The samples at issue are B samples corresponding to A samples found to
> > be clean.
> >
> > The USADA contends that the previous tests did not "definitively
> > establish" that the samples were clean, and the agency wants to
> > subject them to the more sophisticated carbon isotope test.
> >
> > The agency acknowledged in papers filed with the arbitrators that it
> > would expect to use any positive results from the retests as evidence
> > against Landis. The cyclist's lawyers maintain that this would violate
> > USADA and World Anti-Doping Agency regulations, which state that an
> > analytical sample can be deemed positive only if the A and B results
> > match.
> >
> > Because the A samples have already been ruled negative, and in most
> > cases no longer exist, the required match between A and B cannot be
> > present, Landis argues.
> >
> > The arbitration panel held a closed-door session Thursday to consider
> > Landis' request for documents and for testimony from lab employees.
> > The panel also considered the USADA's request to retest the nine
> > samples.
> >
> > michael.hiltzik_at_latimes.com
>
> >That's what a good lawyer will do for a guilty client. Fight the case
> >on technicalities.
>
> Since when was piss poor adherence to test procedures a technicality.
> The answer is ........never.
No need to apologize for standing on technicalities.
All due process and rights of the accused are
technicalities. Treating a technicality as an unfair
impediment to a prosecution is a prosecutor's way of
poisoning the well. Speaking of which, where's Lafferty?
--
Michael Press
|
| | | | |
Date: 24 Feb 2007 10:07:21
From: Donald Munro
Subject: Re: Landis, like Jones, railroaded by Dick P and henchmen
|
Michael Press wrote:
> Speaking of which, where's Lafferty?
Rebooting ?
|
| | | | | |
Date: 24 Feb 2007 10:31:00
From: Bob Schwartz
Subject: Re: Landis, like Jones, railroaded by Dick P and henchmen
|
Donald Munro wrote:
> Michael Press wrote:
>> Speaking of which, where's Lafferty?
>
> Rebooting ?
Just a few finishing touches to the Content Misdirection module.
You guys are not going to be happy. The only escape will be to
recognize and avoid potential death spiral threads. Ha! Ha! Ha!
Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha!
Bob Schwartz
|
| |
Date: 23 Feb 2007 09:40:45
From: ilan
Subject: Re: Landis, like Jones, railroaded by Dick P and henchmen
|
raylopez99 wrote:
> Another person screwed by the Anti-doping Clique. Hamilton, Jones,
> Kenderis, Landis (that I can think of off the top of my head, and I
> don't even follow the sport of Track and Field).
That's right, you don't. Kenteris wasn't suspended for failing a drug
test, he was suspended for
never showing up for 3 of them. His case has no similarity to any of
the others you cite since
the objections in those cases has to do with the validity of tests and
their protocols.
-ilan
|
|
