Following Up On Previous Stories

by Rant on March 30, 2011 · 12 comments

in Alberto Contador, Barry Bonds, Tom Zirbel

Bonds Trial Continues

It ain’t over `til the fat lady sings … or at least until the jury decides whether or not Barry Bonds lied to a grand jury several years back. Over at SBNation.com there’s an article which gives the latest rundown on the trial. Seems that the trial is getting into some familiar territory — testing for performance-enhancing drugs.

Part of proving Bonds lied would be to prove that he actually used certain drugs. And to do that, the government needs to produce test results that show the presence of those drugs. Even doing proving that, though, is not enough to prove that Bonds knowingly lied to the grand jury. It’s conceivable (though accounts I’ve seen of the testimony up to now make it not too likely) that Bonds trusted Greg Anderson to get him legal supplements and that what his friend gave him were on the up-and-up. (It’s also conceivable that I own tonight’s PowerBall winning ticket, but I wouldn’t guess on which of these has better odds of being true.)

So here’s where the trial gets really interesting. Do the tests show that Bonds tested positive for certain banned substances? And, if the test results do point in that direction, was the chain of custody such that the jurors can be absolutely certain (or certain enough) that the samples belonged to Bonds? And, can the testing procedures and the science behind the testing withstand the scrutiny that Bonds’ defense team will most likely put to them?

Time will tell. Meanwhile, the sports soap opera “As the Bonds Turns” continuesin a San Francisco courthouse.

UCI Appeals Contador Decision

It was bound to happen. The only questions were “Who would appeal?” and “When?” Well, now we have the answers. The UCI filed its appeal six days ago (it should be noted that the UCI action came shortly before the deadline for filing an appeal), and today WADA has joined in. None of this should be a surprise, really. As Bonnie D. Ford noted on ESPN.com:

It would have been far bigger news had the UCI elected not to challenge the dubious ruling by the RFEC, which came amid apparent political pressure in Spain and had every appearance of being a negotiation rather than an objective consideration of the facts. Allowing the ruling to stand would have made it impractical to pursue any future case involving clenbuterol, a stimulant with steroid-like effects.

Yep, it sure would have been big news if the UCI and WADA declined to appeal. According to an Agence France Presse article, the UCI took their action to make sure that the outcome in Contador’s case is “fair” and that they aren’t trying to “wage a war” against the Spanish cyclist.

UCI officials stressed they had decided to pursue Contador because they want the fairest possible outcome in the case.

“The UCI’s principal goal in this case is not to wage a war against Contador,” a UCI spokesman told AFP here on the fringes of the world track cycling championships.

“It is to make sure that the final decision concerning Contador is taken by a completely independent body whose credibility has never been questioned.”

As Larry commented on the previous post:

[T]he UCI has decided to appeal the RFEC decision, not because they have determined that the RFEC was wrong, but because they are looking for a more authoritative decision that everyone can respect. Problem is, the CAS is not an independent investigative body, they are a dispute-resolving body. Contador and the RFEC says that there’s no doping violation here. UCI does not say anything one way or the other. Where’s the dispute?

Indeed, what is being disputed? That Contador tested positive? That he knowingly took clenbuterol? That his “excuse” doesn’t wash? It will be interesting to see how the UCI plays their hand.  Meanwhile, in his comment on the previous post, MikeG offers a link to an interview with the German journalist credited with breaking the Contador story. I’ve only had a chance to glance at the story, but it promises to be an interesting read.

So, bottom line, when can we expect a ruling? From at least one report, it appears that the Court of Arbitration for Sport is looking to have a decision by some time in June. An Associated Press report on the ABC News web site says:

CAS says it told all parties it’s “ready to establish a procedural calendar allowing for the settlement of the dispute before the end of June.”

That, of course, would dovetail nicely with Contador being able to defend his Tour title (or not, depending on how the decision goes).  Will Contador get to race the Grande Boucle? Or will he be relegated to watching the race on television as his “friend” Andy Schleck takes home the trophy?

Tom Zirbel Free To Race Again

Looks like Tom Zirbel, the former Bissell rider and almost Garmin team rider for 2010, is free to race again. Zirbel’s suspension has been reduced by USADA, taking into account his assistance with a couple of other cases.

VeloNation.com, quoting Zirbel’s blog, recounts the story of how his new-found freedom to race came about.

“[It] turns out I can race this year due to a string of random events that played out starting last October,” he wrote on his website. “Remember when I lamented on this blog a few months back about Di Luca because he got a reduction in sanction for providing details of his doping practices? And then I said something to the effect of “if only I had actually doped or had knowledge of dopers, I too could get a reduction”.

“Well, at some point after that rant I met with a person who had incriminating knowledge of a suspected doper and I eventually helped convince that person to approach USADA with that information. USADA found that information so useful that they decided to reduce my sanction because of it.”

Zirbel received assistance from the University of Colorado Law School’s new sports law clinic. Apparently, this was the second time Zirbel passed information to USADA about possible doping in the peloton. On the second try, however, the sports clinic helped Zirbel get some payback for coming forward.

Zirbel doesn’t consider himself a hero, or particularly courageous, even if USADA may have painted that picture to some extent. As Zirbel says on his blog:

In citing the reasons for my reduction, they [USADA] said that coming forth with information took ‘courage’. I was a little offended by that. Every clean rider that I know of wants nothing more than for all of the cheaters to get caught and the punishment that they deserve. There is nothing courageous about wanting a clean sport. It’s actually a selfish endeavor. I don’t want anyone who is taking shortcuts to beat me or any of my friends. The reality is that I would have given them the information regardless of whether it directly benefited me or not – the same as any other athlete out there who is doing things the right way would do.

It’s a crazy world. I’m going to make the most of this opportunity. The 2011 season was previously taken away from me so now anything positive that happens from this moment on is a gift.

That it is. As of this writing, Zirbel doesn’t have a team contract. Perhaps some team — like Bissell or Garmin-Cervelo — will pick up the newly-available rider. We’ll see.

mitakeet March 31, 2011 at 4:31 am

I was reading that article you linked to (the Hajo Seppelt Interview) and found this amazing quote near the bottom:

HS: …

Two days later I interviewed Contador in Madrid and he confirmed on camera that the recommendation to use the Dutch guy [the scientist Dr Douwe de Boer, who vouched for food contamination as a source] came from the UCI.

So it seems the UCI itself is trying to get Contador off! That is the only way I can read that statement, though clearly there could be misinterpretations that resulted in a statement so bold. Since the article in question doesn’t mention anything about what I consider a highly significant statement, perhaps it is a mistake.

With favoritism like this it is no wonder Landis was pursued so aggressively, he was an upstart and an outsider. Now I can totally believe the recent stories about Armstrong being a doper; he (Armstrong) was on the inside looking out and clearly the system favored him and helped to cover for him. It is harder for me to enjoy the sport now; if all the best riders are almost certainly doping and the anti-doping agency is covering for them then the athletes that are ‘caught’ are simply sacrificial lambs displayed to the sheeple to make them think something meaningful is going on.

M March 31, 2011 at 2:39 pm

Rant,

Re: Bonds.
The prosecution doesn’t need to introduce any drug tests in order to convict. They have testimony from his girl friend (and others?) that he confessed to doping. An admission is enough if the jury believes it. That was enough in the Marion Jones and Tim Montgomery doping cases. But it looks like they are going to introduce a retest of his urine by the UCLA lab and Don Catlin will testify showing he took the “clear” a designer steroid.
http://www.mercurynews.com/top-stories/ci_17733558?nclick_check=1

However, they have to show that he KNEW the clear was a steroid. “Bonds has essentially admitted taking the clear, but denied knowing it was a steroid when he testified before the Balco grand jury in December 2003.”

I’m still rooting for Barry to beat the charges though.

re: the UCI appeal.
As I noted WADA is also independently appealing and we can assume they will contest it much more vigorously than the UCI.

UCI has variously stated that Contador had a “strong” or “legitimate” case. So maybe they shouldn’t have appealed at all. But given all the appearance of Spanish political pressure and the outcry in the Anglo-Saxon press, I think it was the right thing to do.

Rant March 31, 2011 at 7:23 pm

M,

Spot on about whether Bonds knew he was taking a steroid. That’s the whole crux of the case. What did Bonds know and when did he know it?

I wouldn’t be surprised if he suspected that “the clear” was more than flax seed oil, but whether he knew the actual type of drug(s) he was using might be another matter.

About the appeals. I think it was the right thing to do. Not sure why the UCI waited until virtually the last minute to file the appeal. I agree that the appearance that the RFEC bowed to political pressure factored into their decision to appeal. If Spanish sports officials caved to political pressure, then that sets a bad example. Pretty much any federation could find a way of giving their star athletes a pass, even though less favored athletes would be hit with a suspension (not that this doesn’t already happen, mind you).

Rules have to apply to everyone and be equally enforced for them to have any meaning. Otherwise, what’s the point?

Cal April 4, 2011 at 10:19 pm

M.
What the heck! You are rooting for Bonds to beat the charges of perjury! Gotta tell us about that. If anyone is guilty of the use of steroids, it has to be Bonds. To actually believe he did not know is beyond my comprehension. The challenge of proving it in court can be tough, but I do not get hoping he will beat the rap! Bonds is just not a nice guy, so I cannot cheer for him in anyway.

Larry@IIATMS April 5, 2011 at 8:34 pm

Cal, the prosecution case against Bonds is weak, and the prosecution’s tactics have been borderline unethical. If Bonds is found guilty, I fear it will be because of the government’s mudslinging and not because the jury decided that Bonds intentionally lied to a grand jury.

Agreed that Bonds is about the least sympathetic guy I can imagine, but I do not want to encourage the government to bring more cases like this. It makes me feel somewhat sick to say this, but I am also hoping Bonds wins.

Jeff April 6, 2011 at 9:34 am

This is an issue where MLB is getting a relatively free pass and the gvpt is doing the dirty work, probably in an unethical manner. Meh, it’s an boring/outdated/dying game past its time (sorry grandpa), and MLB’s own policies triggered this mess where fans talk HR & other records in two eras. Sound familiar?

M April 6, 2011 at 6:56 pm

Cal,

Bonds is my homie, that’s why I’m rooting for him. Yes he is an arrogant ass, just like Lance.

I believe he took steroids too. But taking steroids was not against the rules of Baseball at the time, if I recall correctly.

The government’s case appears to be overkill and a disproportionate expenditure of resources and possibly extortionate pressure on multiple witnesses to testify.

The government’s case also appears weak, from what I’ve been reading. But cyclist Tammy Thomas was convicted of perjury when she arguably told the literal truth about receiving drugs from BALCO. So I wouldn’t be surprised if he was convicted, especially since as you note common sense suggests that he knew what he was taking despite what his trainer told him.

Bond’s ex mistress claims he admitted taking steroids and that shrunken testicles was evidence of this. LOL!

The sister of his former business agent claims she saw him receive an injection of some unknown substance by “someone who was not his doctor”. He had stated before the grand jury that only his doctor had ever given him injections.

If the jury believes these witnesses then they might convict. The ‘injection” count seems to be the strongest count.

Larry@IIATMS April 7, 2011 at 5:17 pm

M, taking steroids was against the rules of baseball during Bonds’ career, but you can’t go to jail for violating the rules of baseball.

William Schart April 9, 2011 at 8:34 pm

i am not sure of the legal ramifications, but it is possible that Bonds technically didn’t know he was taking steroids while he had a pretty good idea that something was fishy. If no one actually told him that steroids were in “the clear” while stating that he could expect big benefits, chances it’s something more than flaxseed oil.

Whether such a scenario could support a perjury charge, I don’t know, but it is one argument for some form of strict liability. If you take something, you’d better know what it is and not just take someone’s word for it.

Jeff April 10, 2011 at 10:50 am

Unless I’m mistaken, the legal issue is narrow, namely perjury. While Willam has a point regarding a scenario supporting strict liability, that point has expanded well beyond the narrow issue of perjury. FWLIW….

Jeff April 13, 2011 at 6:23 pm

It appears I was mistaken. Obstruction of Justice was a charge on the table. Bonds convicted of one (1) count of Obstruction of Justice. No perjury or other conviction(s):
http://latimesblogs.latimes.com/lanow/2011/04/barry-bonds-jurors-say-home-run-king-was-evasive-to-grand-jury.html

Rant April 13, 2011 at 7:52 pm

Jeff,

Thanks for the link. I have to say, I’m a bit baffled as to how the jury could reach a verdict of obstruction of justice and not convict him of perjury, too. If they couldn’t agree that he perjured himself, how is it that they can agree he obstructed justice?

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