Today is supposed to be the day that Floyd Landis and all of us who are interested in his case should learn whether USADA will press doping charges, or whether they will find that there is not enough evidence to do so.
Based on the infomation that Landis’ lawyer stated in his press release last Monday, it sounds like there’s some very real doubt as to whether the samples tested and used to determine that Floyd had doped were actually samples he provided. Argue all you want over the accuracy of the tests and whether or not they were done correctly, if there’s doubt as to whether it was Floyd’s samples that tested positive, I can’t see how USADA could continue.
If that’s the case (remember: we don’t have Landis’ filing to go by, only the press release about it, and we don’t have LNDD’s report to read, either) then proceedings would be dropped, effectively clearing Floyd Landis. — well, at least until Dick Pound can find a way to resurrect the case.
I’m afraid that like our judicial system, where rarely (if ever) is a defendant found to be innocent, that instead we will have a situation where Landis is found not guilty. Which, in the minds of many, means not so guilty that there was enough evidence to convict him. Had this whole matter been conducted with real confidentiality, we should only have heard about it when a final decision was reached, not before.
The lack of confidentiality is a problem, as many will believe someone to be guilty the minute allegations are made. Others will maintain a person’s right to the presumption of innocence. Regular readers of this site know that I’m of the latter persuasion.
But then, I’m originally from Missouri, the Show-Me State. So when you show me all the evidence (not just selective portions designed to prove a person’s guilt while conveniently leaving out evidence that may call into question those conclusions), I’ll make my decision. Right now, based on what I’ve seen, I believe Landis is innocent. Show me truly convincing proof that he’s not, and then I’ll reconsider. But if the samples weren’t all from Floyd, as his lawyer alleges, then there’s a huge hole in the argument that Landis doped.
While I like having the information out in the open, and applaud a truly transparent process (which we really haven’t had up to now), I believe that the fallout from this and other similar cases for those accused is so great that I would rather there be greater respect for the athlete’s privacy than for my vicarious need to know.
What I’m afraid of is this: Regardless of the decision announced today (or whenever), this game won’t be over for some time. Whichever side loses today, expect an appeal. For Landis, the reason is obvious: he wants to clear his name and restore (as best he can in the circumstances) his reputation. For the other side (read: Pound and company) they will press on in order to prove the “integrity” of the process — or in a more sinister vein, to scare the crap out of future victims of bad lab work and cow them into submission.
The previous post on this site, The Hearing, as performed by Monty Python, pretty well sums up the case against Landis — and the current process, too. Perhaps the ultimate fallout of this case will be changes that make the process more fair and protect athletes’ rights. The cynic in me says, “Don’t hold your breath.”
