As much as today’s Landis hearings up to the lunch break grated on the nerves, the afternoon session showed some real sparks and fireworks. Maurice Suh was making very good progress on his cross examination of Cynthia Mongongu, when he ran into a snag.
Suh was doing a good job illustrating the technician’s selective memory, and finding weaknesses in the story she has been telling today. In asking about whether a certain sample showed evidence of contamination, Mlle. Mongongu replied that she would need to see a certain document. Unfortunately, Suh didn’t have the document, and the reason goes back to something Team Landis have been telling us for some time: USADA stalled on the production of materials they were ordered to provide to the Landis defense. And the specific file Mongongu needed to see was not part of the materials that USADA delivered.
USADA has been playing this game with the Landis defense for some time. Since October 2006, to be precise. You could call it “hide and seek,” as in, “We’ll hide all of the discovery material you’re seeking, and if we feel like it, we’ll give it to you.”
It may not be unethical (although I have a strong inkling such behavior would lead to sanctions — or worse — in a real courtroom), but it sure stinks. This is how USADA searches for the truth. The bury the evidence that might show them to be wrong, and then they say, “Well, by all we have (nudge, nudge, wink, wink), the truth must be …”
Excellent lawyering maybe, but a travesty of how these proceedings should be conducted. And to top it off, one of USADA’s lawyers has the moxie to say that Team Landis had told them they had all the documents needed to proceed. Suh got angry, and shortly thereafter, the panel took the matter under advisement.
After some time, the panel came back and told Suh that it appears Team Landis had received all the material they needed, and he could continue or not, his choice. Suh decided to reserve the right to ask questions later (well, actually, he reserved this right shortly before the recess, but it still applied).
So Team Landis took a hit. I’m not sure that it’s a major hit, but the panel’s decision could be a sign of things to come. They backed up the USADA line. That’s a disturbing prospect, if the trend continues.
Now, as if this story couldn’t get more strange, something else happened that we haven’t seen before. After a break, USADA got to ask some redirect questions, to try and rehabilitate some of Mongongu’s replies under cross examination. Maurice Suh follows up with a few more questions and then …
Chris Campbell, one of the arbitrators, starts asking questions — which according to a note TBV made in his transcription, did not please Mr. McLaren, who is one of the other arbitrators. TBV notes that Campbell’s line of questioning is getting to the admissibility and use of the samples at all. So, a day that started out slowly ends with some unexpected fireworks. Team Landis took a hit, but seems to have bounced back from it (although, we’ll have to wait and see about the full impact).
But what should bother observers of these proceedings is the games USADA appears to be willing to play in order to win. Not to find the truth, truth has nothing to do with it. They want to win.
Remember that the whole point of the anti-doping effort is to make sure that there’s a level playing field, and to ensure fair competition. Shouldn’t the people whose job is to enforce the rules play fairly? Whatever side of the fence you sit on, do you think that USADA is fighting fairly by withholding evidence? I don’t.
Now think about this: Do you compete in one of the Olympic sports? Do your children? How would you like to get caught up in the anti-doping system in its current form? How would you react if one of your children was wrongly accused of doping and was being confronted by a system that starts from the premise that your child is guilty. And then they behave as USADA has appeared to behave?
Wouldn’t you be steamed (to say the least)? Well, if you see what’s happening and don’t like it, make your voice heard. Write whatever federation governs your sport, or your children’s sports. Let them know you’re against doping, but that the anti-doping system has to respect athletes’ rights. One voice may not be heard, but once the federations start hearing enough, the message will filter upward. Change may not happen for a while, but change needs to happen.
Rant, I must be sense but I’m struggling as to the point of Campbell’s questions
Rant: Why do you say Suh hit a snag? I went back and read the TBV transcripts again and don’t see how team Landis could have anticipated that Mongongu would need a certain graph to confirm her testimony. And, his answer that there wasn’t time to process all peaks seems reasonable to me. While Young seemed to make a big deal attacking Suh, it seems that the data could be processed at the hearing site and he decided to stop questioning until he got what the witness needed — maybe he just wants the ability to recall Mongongu? And, boy do I agree with you, it sure seems that USADA isn’t out to find the truth — they have decided what the outcome should be and, worst of all, are erecting barriers to anyone who may want to examine the facts — which stinks.
ORG,
I’m not entirely sure, because I only read the transcript, so I couldn’t see the documents he was discussing with Mongongu. But it sounds like he has a question about the ISL and proper procedure. And if ISL and proper procedure weren’t followed, then that might have a huge impact on what evidence could be admitted. Not sure which way he’s headed with the question, but TBV’s conjecture could be right. He’s a lot closer to the action than I am. If that is the road Campbell is going down, it sounds like McLaren was surprised (and perhaps annoyed, too).
I doubt that taking the time to ask questions is going to win Mr. Campbell any friends amongst the other arbs.
Steve,
The snag, in my reading, was that it appears Suh’s protests of not receiving the data were smacked down. You’re right, he couldn’t possibly have known that the witness would say she needs that data to answer his question. (Although, that may add some fuel to Suh’s fire later … she admitted that without the data, she couldn’t say what she was looking at.) Young appeared to be quite satisfied with himself, by what I read. USADA’s quest isn’t the truth, that’s pretty apparent at this point. And that flap over data was an unexpected plus for Team Landis on the PR front.
– Rant
Rant and others who are following this much more closely than I, a question.
Of the three judges, are any of them capable of changing their minds based upon this trial? Is Campbell going to vote with USADA? Are the two canadians going to join the FL camp? Short of an out right admission of fraud and lies by the testing people, can anything presented here change any minds? Just curious as to your opinions.
JBSMP,
In a perfect world, the arbitrators would be approaching the case from an open-minded perspective. One certainly hopes, anyway. I’m not sure about the two Canadians. Campbell? I would guess he’s the most open-minded, but there’s no way I can prove it. Perhaps Brunet and McLaren are capable of looking at the evidence objectively. But it sure seems like they’ve cast their lot with USADA any time they have to decide an issue.
I’m hoping good sense and objective judgments will ultimately rule the day. But I’m not betting on the outcome.
– Rant
I, or one of my children, would ALWAYS pass a carbon isotope drug test hands down because we would have no artificial steroids in our system! If we did take steroids to improve our performance, and the drug testing results came back like Landis’ did for the various stages of the TDF, we would admit that we made a mistake and pay the consequences.
Matthew,
Good for you and your kids that you compete clean. But false positives do happen. Perhaps even in the Landis case. The hearings aren’t complete and the jury, as they say, hasn’t yet rendered a verdict. There’s a lot of information available that makes the conclusions of the French lab look pretty dubious. You might want to check out http://trustbut.blogspot.com to find links to all of the published information, if you haven’t seen it already.
– Rant