CAS Issues Surprise Landis Decision — Two Months Early

Lausanne, Switzerland (from RYHO wire services) April 1, 2008 – The Court of Arbitration for Sport surprised the sports world today by issuing its decision in the Floyd Landis case, 18 days before attorneys in the case were due to submit their final written arguments and two months before any decision was expected. In their announcement, the panel noted that the case against Landis was being thrown out, shocking and stunning attorneys on both sides of the case.

Maurice Suh, who represented Landis during the cyclist’s last-ditch effort to clear his name said, “I’m shocked. And stunned.”

Richard Young, the outside counsel hired by the US Anti-Doping Agency to prosecute Landis, concurred. “I’m stunned. And shocked,” Young told a journalist who reached him during the late hours of the evening, “I don’t know what to make of this news. Are you sure?”

Both Young and Suh said they had never heard of a case being decided in this manner, and were expecting a written ruling from the arbitrators within hours. As this story went to press, the written ruling has not been released, but rumors emanating from Switzerland point to the discovery of data problems related to the original laboratory finding.

The unprecedented move occurred after feedback from the panel’s science advisor after reviewing documentation submitted at hearings in New York City that ended a week ago. At issue in the Landis case was whether or not the adverse analytical finding by French anti-doping lab LNDD proved the presence of synthetic testosterone in Landis’ system during his epic comeback ride on Stage 17 of the 2006 Tour de France.

The day prior to what was briefly hailed as a brilliant ride, Landis suffered every racing cyclist’s worst nightmare – bonking (running out of energy) on the final climb of Stage 16. The tenacious American cyclist lost so much time to his competitors on that fateful day that he plummeted in the race standings from first to eleventh overall. Landis came back the next day to regain most of the time lost, vaulting himself into position to regain the yellow jersey (which signifies the race leader) on the Tour’s penultimate stage.

In determining that Landis had used synthetic testosterone, LNDD relied on a test known as isotope ratio mass spectrometry, or IRMS. The test is said to determine the ratio of two different forms (or isotopes) of carbon within a chemical. If the ratio of one to the other differs by more than a certain amount, the test is said to show a “non-negative” result. In the Landis case, these ratios were determined for four different compounds found in his urine. Two of those compounds turned up normal results. One was a so-called “borderline” result – above the cutoff, but within the test’s margin of error. And one was said to be approximately twice the cutoff value for a positive test.

A source who wishes to remain anonymous told RYHO that the science advisor to the panel, an Australian named Leggy Mountbatten (who once was the manager of the seminal 60s rock band The Rutles), noticed the math error and reported his finding to the arbitration panel shortly after midnight April 1, Australian time. News of the discovery circled around the globe to Paris and New York during the latter hours of March 31st. In an immediate conference call, the three arbitrators discussed the matter with Mountbatten. Sources say that as a result of the discovery, the Landis case was fatally flawed and further review was unnecessary.

One source says that for the one definite positive reported by LNDD, the actual value was overstated by a factor of 10. Instead of the result being approximately 6 (double the cutoff limit), the actual result was 0.6. Mountbatten and the members of the panel could not be reached for comment or to confirm the revelation.

Jacques de Ceaurizz, head of the French lab, told reporters that he would launch an investigation to determine how the error occurred. “However,” de Ceaurizz said, “I have every confidence in the ability of our staff. While we are not certain how the situation came to be, it is an isolated incident and should not be used to impugn the integrity of the lab’s staff or the lab’s overall abilities.”

Meanwhile, the governing body of cycling also weighed in on today’s news. Pat McQuaid, head of the Union Cycliste Internationale, issued a statement expressing both shock and pleasure at the CAS’ decision. “I have for a long time believed that Floyd Landis was innocent of the charges against him. Despite my public statements to the contrary, I have always supported Landis in his fight to clear his name. While today’s announcement is quite a shock, we at the UCI are pleased to see Landis exonerated. We will now re-award the victory in the 2006 Tour to Landis, in a ceremony to be held at Floyd’s favorite gourmet restaurant — the local Nessy Burger near his California home. And we will take up the matter of whether he should also be declared the victor of the 2007 race, owing to his forced non-participation in that event and the likelihood that he would have won a second time.”

The organizers of the Tour de France, however, were muted in their reaction to today’s developments. A statement issued by Tour director Christian Prudhomme said, “While today’s announcement by the CAS panel is interesting, we have full faith and confidence in the original results reported by LNDD, and we see no need to rewrite Tour history yet again. If the CAS, WADA or UCI wishes to consider Floyd Landis the winner of the 2006 Tour, they’re welcome to. However, we consider Oscar Pereiro the true and rightful winner of the 2006 Tour, and Alberto Contador the winner of the 2007 Tour, even if we don’t like the team that Contador races for this year, and we have banned them – and him — from our races. But really, it’s nothing personal against Alberto.”

Contador, the 2007 winner, told Spanish newspaper Marca, “Landis Smandis. I won the 2007 Tour fair and square.” Or something like that — only it was in Spanish. Michael Rasmussen told Danish reporters, “I could have taken Landis on the mountain stages — even if he’d drunk a bathtub full of Major Dickason’s Blend prior to each stage. The yellow jersey should be re-awarded to me, after Rabobank stole my opportunity to win it. So what if I was a little unclear on where I was training during the lead-up to the Grand Boucle? What kind of chicken-sh*& operation was Rabobank running, anyway, that they would hang me out to dry like a bucket of day-old buffalo wings?”

Patrice Clerc, head of Tour de France owner Amaury Sports Organization, noted that Landis would be welcomed back to the 2009 Tour, provided that he find employment with a team in the ASO’s good graces. Clerc would not respond to questions about whether any team that hires Landis would meet such a requirement. “That depends on who Mr. Landis chooses to race for,” Clerc noted. “If he does happen to hire onto a team that we ban from racing, it will not be a reflection on Mr. Landis, but rather due to improprieties at the team which are beyond his, and our, control. My advice to him, however, would not to be to cast his lot with any team that uses the Jolly Roger for it’s logo.”

“We’re not too fond of the idea of pirates in the peloton — especially if they’re going to be swinging swords like wild men during the heat of battle,” he continued. “Pirates of the Caribbean was OK, but only when Keef played Captain Jack’s father. Pirates of the Peloton sounds like a bad Hollywood B movie. And we don’t need anymore Hollywood clichés during the Tour, thank you very much.”

In a press release from USADA headquarters in Colorado Springs, Colorado, USADA CEO Travis Tygart said that today’s result was a victory for all clean athletes – Landis included. “I always had trouble believing that Floyd could have doped, but we were given information that seemed irrefutable, from a lab whose sterling reputation is generally unimpeachable. It is regrettable that so much money had to be spent by both sides before such a simple error was discovered. USADA will be launching an internal investigation to determine what, if any, mistakes were made during our initial review of the lab’s finding, and whether mistakes were made by the agency in pursuing this case.”

Tygart went on to say, “We regret any difficulties that this may have caused for Landis and his family. As I’ve said many times, we would much prefer to spend our resources celebrating clean athletes.”

The American anti-doping chief concluded his statement by saying, “I am gratified to see that the process has worked, and to see that Landis really is a clean athlete. Because we like to celebrate clean athletes, in order to mark this occasion, USADA will be sending Floyd a lifetime’s supply of Jack Daniels, on the house – with the proviso that he not consume a drop of Old No. 7 during competition. We don’t want another case like the one that’s just concluded.”

A press release from USA Cycling announced that Landis would be free, effective immediately, to begin racing again. In addition, CEO Steve Johnson commented on today’s decision by saying, “I’m stunned. And shocked. Landis was clean all along? What the f*&% has this bulls*&% been about the last two years?!”

Dick Pound, the former head of the World Anti-Doping Agency who is currently a candidate to head up the Court of Arbitration for Sport, told a reporter from the Associated Press, “Well, I still say Landis rode Stage 17 like he was on a goddamn Harley, no matter what the panel decided. And every virgin within 100 miles of the man is still in danger. Floyd won this round. Next time, he won’t be so lucky.” Pound’s attorney quickly silenced him. Reporters overheard the unidentified attorney say, “Pound, don’t be a dick! Landis is gonna sue you from here `til Kingdom Come if you keep that up! It’s bad enough that we have to defend your sorry arse against that UCI lawsuit. Shut the f*&^ up already. You’re making it worse.”

When reached for comment, Floyd Landis said, “Are you kidding me? It’s over? I can race? Dude, this isn’t some sort of April Fool’s joke, is it?”

Well … yeah, in case you hadn’t figured it out, I’m afraid it is.