The Drumbeat Builds

by Rant on February 23, 2007 · 2 comments

in Doping in Sports, Floyd Landis, Tour de France

The drumbeat is getting louder. More and more stories are coming out about problems in the Landis case. And all roads seem to lead back to Laboratorie National Depistage du Dopage (LNDD), France’s national anti-doping laboratory.

This week’s revelations include the stories about incorrect use of the lab’s mass spectrometer when analyzing Floyd Landis’ urine sample. Yesterday, the Los Angeles Times’ Michael Hiltzik dropped another bombshell, revealing that two lab technicians involved in the tests of Landis’ A sample were also involved in the testing of his B sample. If true, this violates international standards that require technicians involved in the intial tests not be involved in the follow-up tests that validate the original findings.

This latest revelation adds the possibility that the Landis case could be tossed out for the same reasons the Inigo Landaluze case was dismissed. Landis’ attorneys have asked the arbitrators to allow them to interview the lab technicians to determine how involved they were in the B sample testing last August.

As more stories emerge, it grows clearer who will become the fall guy should the Landis case go down in flames, as it is threatening to do. LNDD’s mistakes and incorrect usage of laboratory equipment may well set the stage for a result where the case is either thrown out based on those mistakes — or perhaps worse, credibility-wise, where they are forced to withdraw their findings, in effect forcing the case to be thrown out.

It’s not clear, yet, whether these stories will build the traction to force either result. But as pressure builds in the run-up to the hearings in May, the lab will likely face increasing scrutiny. WADA clearly has a problem with the lab it accredited in France, and they can’t ignore the problems forever. As more light shines on the seamy underbelly of the anti-doping process, more people are going to demand changes.

And as more stories come out about problems with the case, pressure will also build on WADA and USADA to drop the case. And these revelations give them the perfect out. While it’s likely they’ve known about the problems in the case all along, they could throw their hands up in the air and say, “Look, we didn’t really mean to be so rough on Floyd. We thought we had a solid case. LNDD led us down the garden path.”

AFLD, France’s anti-doping agency, which also owns LNDD is in an awkward position. Having instituted anti-doping charges against Landis in France, the agency will need to find a way to come out of the scandal without too much damage to their own credibility if the WADA/USADA case falls because of lab problems. Again, the lab will be their fall guy. And in this case, expect pressure to build on Pierre Bordry to clean house at LNDD.

If these latest revelations are true, the lab will need some serious housecleaning in order to avoid the loss of their ISO and WADA accreditations. Will Jacques de Ceaurriz’s head be the first to roll? Or will it be others, lower down in the lab’s hierarchy who pay the price? Whatever happens with their personnel, the lab’s procedures will need to be overhauled, and their staff may need additional training on the proper use of their equipment.

But while the drumbeat grows louder for the anti-doping agencies to drop this case fraught with problem after problem, the ADAs may choose to dig in their heels. Travis Tygart, who has in the past said that USADA doesn’t bring anti-doping cases that they don’t expect to win, may well choose to fight to the bitter end. And there’s no telling how the arbitrators hearing the case will rule on any of the discovery motions.

Should they allow USADA to go on their fishing expedition with Floyd Landis’ remaining B samples from the 2006 Tour, as well as several out of competition tests (all of which were found negative in the original analysis) it may well signal that the anti-doping agencies continue to have the upper hand. Should they deny USADA’s request, perhaps the momentum will be favoring Landis.

Landis and his team, while buoyed by this week’s developments, do not expect the case to be resolved any time soon. Landis told ESPN.com contributor Bonnie DeSimone,

“They [the U.S. Anti-Doping Agency] seem adamant that they have a case, and they’re stubborn enough to go forward with it,” Landis said Friday. “But at this point, the best scenario for us is that they go forward with their unfounded case and let the rest of the world see it.”

Maurice Suh, one of Landis’ attorneys is quoted in the ESPN article as saying:

“[Travis Tygart and USADA] have every intention of pushing forward with the case. Frankly, I don’t know what’s driving them.”

What may be driving Travis Tygart and USADA is just what Landis said: stubbornness. However, if more stories detailing problems with the prosecution’s case come out, there may be no escaping the pressure to drop the case. It hasn’t happened yet, but anything could. If there’s one thing that’s been constant in the Landis case, it’s that there are more plot twists and turns of events than most Hollywood movies. And there are, no doubt, more to come.

just bitch slap me please February 23, 2007 at 4:44 pm

You said:This latest revelation adds the possibility that the Landis case could be tossed out for the same reasons the Inigo Landaluze case was dismissed.””

I would not be surprised if USADA actually pointed the LA Times in this direction. What a great cover for them!! They are under huge pressure from WADA and UCI and LNDD to nail Landis to the cross. But if the story is true (that for Landis as well as Inigo) that the same technicians did both A and B tests, then USADA simply gets to say:
“hey, the Spanish Cycling Federation did it and we can too”. And then CAS held up the spanish ruling as correct.
This situation lets USADA completely off the hook!
I also wonder what the NY Times is up to. They have been point on publishing some of the best articles about this mess: my guess is they have a blockbuster under ther wing that when they drop the hammer, this mess will go back into the dark hole it belongs in.

Steve Balow February 25, 2007 at 3:34 am

At this point it seems fair to consider what happens if Floyd “wins”. A few questions occur to me: (1) Who will pay Floyd the $8M he lost in endorsement revenue? (2) Where does Floyd send the $2M legal bill?, (3) Since no team would sign Floyd in 2007, somebody owes him the $1M contract that top riders get — I wonder who? Math wasn’t my best subject, but, it seems somebody owes Floyd some real money. I know USADA doesn’t have it. Nor does LNDD. And, while ASO has the money they really haven’t done anything (other than the shattered glass thing…) other than react. Wait…I know! In a perfect twist of fait, the most vocal, most abusive people also have the most money. WADA has recieved well over $100M in funding over the past six years and, near as I can tell, haven’t spent much more than half of it (imagine that, with all that cheating going on, so much money and so little to spend it on). Certainly, WADA has $20M in cash reserves right now — which is more than enough to restore what they have taken from Floyd and still have a fair amount of “walking around money”. And, I’m sure the author of the worlds longest book title (Inside Dope: How Drugs Are The Biggest Threat To Sports, Why You Should Care, And What Can Be Done About Them) would be happy to make up any shortfall in royalty payments because we all know he is a fair minded paragon of doing what is right.

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