- USADA was told on Feb 2 to produce all documents responsive to Landis's Oct 23 and Jan 22nd document requests, or say why they could not be produced. We've seen the first request, but not the latter, and don't know what has been produced so far and what has not.
- USADA asked to test the other B's.
- Landis asked for depositions or testimony.
- No AAF could result from testing of the other B's.
- There is no rule prohibiting testing the B's, but doing so must be for purposes other than confirming an AAF.
- Landis' expert should be able to see if the process is flawed;
- They don't have the power to preclude testing;
- While unusual, they can make a preliminary ruling on admissibility;
- They can find some reasons other than confirming an A sample AAF.
- USADA will be calling technicians as witnesses. Those not called will be available if required at the hearing.
- Since they will be appearing, there is no need for depositions before an expedited procedure.
On the testing of the other samples, he thinks it should be prohibited. He doesn't find the USADA arguments convincing, and doesn't think any results should be admissible.
The absurdity of allowing the testing of a B Sample with no corresponding A sample confirmation is demonstrated by taking the analysis of the LNDD's obligation to its natural conclusion.He also sees a clear conflict of interest in LNDD's testing those samples, in violation of the ISL.
For the reasons stated above, it is inappropriate for USADA to direct further testing of the B Samples. To produce reports from those B Samples, the LNDD would have to violate the WADA Code. I would order USADA to cease and desist from pursuing further testing of those samples. I would also rule that any reports from those B Samples would not be admissible as evidence in this case. The admission of evidence obtained in clear violation of the WADA Code smacks of an uneven application of the rules. To allow such conduct strips this adjudication of the appearance of fairness.
Other stories and reactions are covered in Today's Roundup. There are lots of comments to this post as well.