Those Who Don’t Learn From The Past …

Yesterday’s headline (Time For Jan To Come Clean) may have been a bit harsh. As one who’s been touting “innocent until proven guilty” for the Landis case, it clearly implies that Jan Ullrich, the subject of the story, is guilty of something, and that he needs to confess. I can’t blame the copyeditor, either, because I am he.

Truth is, I don’t know for certain what Ullrich is guilty of, other than bad judgment and perhaps associating with some shady characters. And maybe lying about his connection to said shady characters. Of course, the most recent stories about the retired cyclist do give a certain impression.

A couple of days ago, a German prosecutor looking into the Puerto allegations against Jan Ullrich announced that there was a positive DNA match between Ullrich and 9 bags of blood found in the Puerto investigation. If what the prosecutor says is true (note the weasel-word, “if”), then Ullrich has some explaining to do. Just because the blood bags match his DNA doesn’t prove that he doped. There could be a more benign reason for storing his own blood, as I suggested yesterday. But right now, it sure does look awfully suspicious.

One of Ullrich’s lawyers has suggested that perhaps there were some improprieties in the testing. But arguing that the lab (or someone) may have manipulated the tests is going to be a tricky proposition for Ullrich and his lawyers. Could it have happened? Perhaps.

But DNA testing is much better developed and much more reliable than many of the anti-doping tests in use at WADA accredited labs. So Ullrich’s lawyers are going to have a harder time proving that those bags of blood aren’t really his. There is a possibility they belong to someone else, but it’s a very, very, very slim one. (Then again, perhaps he has an evil twin, “Skippy,” who also competes in sports and is a client of Dr. Fuentes.)

Now, the prosecutor’s job is to prove that Ullrich is guilty of something. What that something won’t be is doping. Doping wasn’t illegal in Germany when the Puerto investigation broke, so that’s one avenue they can’t pursue. Just as the Feds couldn’t get Al Capone on bootlegging, or murder, or any of a host of other bad things he did (ultimately, Capone was nailed on tax-evasion charges), the German prosecutor will have to find another avenue to charge Ullrich. Apparently, the prosecutor is building a fraud case against Ullrich, which according to VeloNews is based on a “complaint brought against Ullrich by Britta Bannenberg, a former athlete and now a criminologist at the University of Bielefeld.” 

Since we haven’t seen any real data or the actual results (other than what’s been announced), it’s possible that the prosecutor is overstating his case, for whatever reasons he might have. Perhaps he needs to convince the public that he’s on top of things and working to get the evil dopers.

But what purpose is served by bringing charges against Ullrich in Germany? These days, Ullrich lives in Switzerland. And as long as he stays out of Germany, would he be immune to the results? What would a conviction really bring?

Whatever the outcome of legal proceedings in Germany, Ullrich’s career is ending on a very sour note. Perhaps Ullrich is not guilty of doping, perhaps he’s merely guilty of stupidity. But if the prosecutor is telling us the truth, that the blood bags are Jan’s, then for Ullrich to salvage his reputation, he’s going to have to explain what they were doing in Fuentes’ office.

Jan Ullrich certainly deserves the presumption of innocence, as does anyone charged with a crime. But one of the things that I find bothersome about Jan Ullrich and the Operation Puerto case is this: Ullrich’s been under a cloud of suspicion for almost a month longer than Floyd  Landis, and yet, while prosecutors are diligently working to find a way to drop the hammer on him, he and his legal team seem ill-prepared to respond.

Perhaps that’s a harsh assessment, but consider this: Ullrich has had the “benefit” of seeing how the Floyd Landis case has played out. Given that Ullrich was already under the gun when the Landis case broke, he (of all people) should have been paying close attention. In the beginning, the case against Ullrich seemed like rumors and innuendo, but he and his legal team should have been war-gaming certain scenarios. Like, what if Jan does get charged with something as a result of the investigation? What if WADA or some other ADA brings anti-doping charges? How do we react?

There are lessons to be learned from the Landis case as far as crisis management goes, and amateur and professional athletes of all stripes should be paying attention. Trial by media starts the moment a story hits the press — whether it’s reported as a rumor or as an actual story with real, quotable sources. If you want to have a prayer of maintaining your reputation, response has to be immediate and and it has to be forceful.

There are two battles being fought in these kinds of cases: One in the public eye, and one in court. Even if Ullrich wins in court, his reputation has been severely tarnished. Over the last 8 or 9 months, he and his defense team have done precious little to salvage his career, at least in public view. By contrast, the Landis team is working dilligently to salvage Floyd’s reputation and career and restore his good name once his proceedings are over. More than Ullrich and his defense, Team Landis has a real chance of succeeding, though some of the tarnish on Floyd’s name may never be fully removed, either.

The problem with trial by media, of course, is that people make up their minds before all the evidence is in. So Jan Ullrich, if he wants to salvage his reputation, needs to start explaining to cycling fans what the heck is going on. Did he leave bags of blood with Dr. Fuentes? And if so, for what reason? If he doesn’t answer those questions, many people will draw their own conclusions — if they haven’t already done so. And those conclusions won’t be in his favor, either.

Jan Ullrich and his defense team should be mindful of the old saying: Those who don’t learn from the past are doomed to repeat it.