Caution: Wild Ride Ahead

by Rant on April 23, 2007 · 9 comments

in Doping in Sports, Floyd Landis, Tour de France

It’s a wild ride today in Landis-land. We began with news that Landis’ representatives had been shut out of LNDD over the weekend, and that their access during the testing over the last week has been limited, in stark contrast to the access afforded USADA and their representatives. We also found out that the arbitration panel did not, in fact, have independent observers present during the testing. Which means that the order of the arbitration panel regarding the conditions of the testing has been thwarted by USADA.

And then came the leaks of information to L’Equipe. LNDD (or their designated leaker) has wasted no time in getting word to their favorite reporter that the test results were “positive.” Of course, just like in July and August of last year, that information was released before any data was passed on to Landis’ defense team, and without any of the scientific material that backs up such assertions. So we merely have their word that these are the results.

But given both USADA’s behavior in this matter, and LNDD’s history, it would come as no surprise if the results are similar to the “positive” they declared last year. In other words, “positive” by LNDD’s warped standards, but not by others.

According to Paul Scott, one of Landis’ observers, he and fellow observer Simon Davis were barred from observing various phases of the testing over the last week. Scott was quoted in the Landis press release as saying:

In my years at the UCLA lab, I’ve never seen anything like what I experienced at the LNDD yesterday. The limitation placed on me and Simon [Davis – an Isotope Ratio Mass Spectometry expert also selected by Landis to observe the retesting] demonstrates the lack of objectivity in this process, USADA’s interest in controlling and limiting our observation of the retesting is an example of one of the most egregious problems in the fundamental science of anti-doping that I have experienced.”

This should give anyone concerned with fairness in the process, regardless of his or her individual beliefs about Landis’ innocence, pause.

Scott went on to say:

Good science does not fear being an open book. Any science that is not neutral and objective is not science at all. Labs acting under the direction of prosecuting Anti-Doping Organizations (ADOs) are, by definition, not independent. As service providers hired by ADOs, they have a vested interest in the results desired by their client. In this case, the client is USADA and the lab is the LNDD. From what I have witnessed so far, I have significant concerns that their analysis will render results that are scientifically invalid.

Yes, good science does not fear open observation. But who ever said this was a lab that practices good science? Given their further inability to maintain confidentiality, and their willingness to deny access to Landis’ observers, it appears they have something to hide.

Floyd Landis and his team will be holding a press conference at 1 p.m. Eastern time. Expect more coverage here after the press conference is over.

just bitch slap me please April 23, 2007 at 8:58 am

This just really sucks.

And now on the NY Times.

So they found traces of synthetic T, which is based on carbon isotope ratios: did they also find abnormal T to E levels? Are these “new” tests that were done without repeating the T to E ratios they did before and were found to be normal? In otherwords, if they find the T to E ratios are normal, then the synthetic T they claim to now have found should have skewed the T to E ratios. But if they found synthetic T without such alterations, then something is wrong with their synthetic T test. On the other hand, if in this round of testing they also found abnormal T to E ratios, why didn’t they pick them up in the first round of tests with the A samples?
I realize, of course, that I am approaching this ALL WRONG and the science part of it is the least important element of this charade. My instinct is that science wins (the Open Book category) which the case against Tyler proved is not how these things are settled. So now we have the French publicity circus starting anew, and my disgust with professional cycling, WADA, USADA, etc. only gets deeper and deeper.
I realize my moniker may offend some, but I took it as my own interpretation of the way that these issues have been settled by anti-doping committees and the press. This is proving to be a “bitch slap” of monumental proportions.

D April 23, 2007 at 9:41 am

What is this, the Spanish inquisition? It seems Travis Tygart is so intent on continuing the USADA’s 100% “success” rate, he doesn’t care how he gets it. The arbitration panel should simply throw out the case now, since USADA has abandoned all pretense of scientific integrity, even purposely avoiding the presence of the arbitration panel’s observer. No results from the current tests can possibly be considered legitimate by any reaonable person.

pommi April 23, 2007 at 9:43 am

“”Smile and cheer up, it could be worse”. And I smiled and I cheered up, and it got worse.” (Old German saying).

I don’t want to sound too pessimistic, but it looks like USADA got the upper hand now.

MyTooSense April 23, 2007 at 11:14 am

Rant:
Can you post your letter to Senator Kohl over at the comments on the Huffington Post? They posted the article with the results and there is a lively conversation going on in the comment section there at: http://www.huffingtonpost.com/thenewswire/comments/2007/04/23/46592

Thanks. Great letter by the way…

Debby April 23, 2007 at 12:03 pm

The arbitrators gave USADA an inch, and they took 500 miles. My question to the arbitrators: now what? What are you going to do in the face of this outrageous defiance of the rules that YOU set up? Look the other way?

More damage is done to Floyd’s rep because people who haven’t followed the case only get the soundbite from the ignorant press that the new tests are positive. I’m sure the press hasn’t done their research and reported that the tests, with no observers present and done by the same lab, is a JOKE. I just got an email from a friend with a news link, and I’m sure he’s questioning Floyd’s character all over again, because he hasn’t followed the case in any detail.

It is possible that USADA knew their case was shaky, so they played the big risk card for all it was worth. They disobeyed the rules, and even if the case gets thrown out because of what they did over the weekend, it will be thrown out on a technicality. The damage is already done anew and even if Floyd is cleared, no teams will want him and no sponsors will hire him for ads other than the ones loyally sticking by him already. I can only hope that what Travis Tygart has done will be repaid to him tenfold in future, and as the Native American saying goes, that he will have to walk a mile in Floyd’s moccasins. Except I hope it is a thousand miles and more.

Steve Balow April 23, 2007 at 12:40 pm

Rant:
Can you point me to the arbitrator’s order regarding the sample re-test? If they ordered Landis’s representatives to be there and they were not (especially if the reason was USADA-related), I can’t imagine the arbitrators will allow the re-test results to become part of the proceeding (although I agree with Debby that the damage to Floyd has been done – again). Also, I am so disgusted with this that I am wondering how to “up the ante”. Letters are good, but I can’t imagine they will draw attention of the media. What about a protest? Or, a letter writing campaign to the LA Times / NY Times? Or, maybe a road trip to the arbitration? I’d sure be interested in your ideas …

Rant April 23, 2007 at 12:55 pm

Steve,

The arbitrators’ order can be found here. By the way, it’s even worse: There was no independent expert representing the arbitration panel, as they assured Landis there would be to safeguard his rights.
MyTooSense,

Thanks for the compliment. I’ve been awfully busy today. After I’ve taken a bit of a breather, I’ll take a look at the Huffington Post site. If you want, you’re more than welcome to post a link to the letter in the meantime.

– Rant

bamalaw April 23, 2007 at 1:34 pm

The panel’s order expressly gives the Athlete the same rights of attnedance and participation at the retest of the additional B samples as he had with the evaluation of the initial B sample. Unless there was some reason to kick them out for interfering with the tests, Landis’ people were allowed to be there. Does this fall under some other burden-shifting requirement, where Landis has to demonstrate that the exclusion of representatives overcomes a presumtion of correctness of the lab analysis? I am simply astonished at the hubris of these people! Technicality or not, the whole case should be thrown out for contempt of the panel’s order.

Steve Balow April 23, 2007 at 4:52 pm

bamalaw,
I sure (1) agree and (2) hope you are right.

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