Beginning to file in at 2:14. Looks like we're here tomorrow. The only good news is that Mrs. TBV is coming down for the weekend.
BRUNET: Welcome back. Sorry for being 45 minutes late. Meeting in chambers on scheduling. Agreement close of evidence by Weds 5pm May 23, arguments later. Witness list to be called through Wednsday, now closed.
[ ARRRGH!!!! No closing arguments while we are here. ]
Saturday hearing 9:30-5:00 Monday start 8:00am Tues/Weds 9:30-5:00.
time will be adjusted equally.
BARNETT CALLS JOSEPH PAPP
a: 1989 junior 1994 senior; various national races, competed extensively.
q: In 1996 did you take a break?
a: Graduated HS 1993, went to college on scholarship, put on the side for cycling, invited to join Olympic Training. Teammate Christian Van de Velde, but decided to go back to school 1996.
q: ever testified before?
q: from 1989-1996 did you dope?
q: was dope prevelent in those events, in your opinion?
q: when did you return?
q: what changed?
a: big differnece in speed of peloton.
q: talk to teammates?
q: what did they suggest?
a: they said things should change, see this doctor...
q: what did he say?
a: do a course of epo.
q: this is 2001?
q: did you?
q: did you struggle with that decision?
a: felt I didn't had an option to compete at previous level. if he wanted to continue, he felt he needed to.
q: did you take t in 2001?
Q: what did you compete in?
a: 2001 multistage UCI races international and us single day races, and italian races.
q: in 2004 did you get more information about T?
a: made acqaintance of a spanish racer, and he provided me explicit detailed information as a recuperative agent for stage races.
q: will talk later of details. when did you start?
a: winter 2005.
a: I began to improve my recovery in competition.
q: where did you receive the T?
a: by prescription from doctor in California?
q: did he now you were a testable cyclist?
q: what did the doctor do?
q: who referred you?
a: a physiologist?
q: it was clear this was a doping doctor?
q: do you have the product the doctor prescribed?
BARNETT: may I approach?
ANDROGEL testosterone gel 1% on elmo.
q: this is what you used?
q: did you take this to build muscles?
q: you've learned about the practices of doping?
q: you are familiar with microdosing?
a: using enough for benefit, not enough to turn positive.
q: how would you use in a stage race?
a: after doping control, a discrete location rub on your chest.
q: why so soon
a: in 30 minutes you'd have high levels, in 4 you'd be normal levels.
q: you rode a while without, then you used it what did you feel.
a: significant improvement in recovery. on a day to day basis had a significant ability to affect my performance.
q: important in stage races why?
a: a race isn't won by the fastest, by the guy who recovers best, daily.
q: were you tested while using this?
q: how many times?
q: was it detected?
q: t/e screen did not.
q: in 2006 did you start riding with an italian team,
q: did they provide you with alternative substances?
q: no longer using androgel?
a: exhausted my supply.
q: they gave you someting else?
a: there was a more organized and sophisticated program, and i was encouraged to participate.
q: did you think you could stay without participating?
q: were there different regimes?
q: did you have to work your way up to get more?
q: did you test positive in turkey?
a: metabolites of testosterone.
a: may 7 2006.
q: have you taken a sanction?
a: yes, 2 years.
q: when you were notified did you think of fighting it?
a: thought about it.
q: you know you were doping?
q: what made you fight though you knew you'd been caught?
a: within the culture of the team, and the sport, it's the expected thing to do. there's so much pressure to protect teammates, sponsors, family, tooth and nail. you know it's not just you who stands to suffer if you test positive. You know you're disposable.
q: pressured to keep silent?
a: yes, especially on an italian team.
q: you were close?
q: what was your reaction once you tested positive?
a: almost clinical in that it wasn't shocking or unexpected. there was a course of action to follow. how one should compose oneself.
q: did they cut you off?
a: yeah, they did. when they realized there was no way out, they disowned me. these were guys I considered my brothers.
q: why did you decide to accept responsibility?
a: what made me own up and brought me here was when my wife told me we were pregnant with my son, and I knew i had a responsibility to my family and that
q: based on that, you accepted the sanction
q: reason announcement was delayed.
a: cooperating with US attorneys, and they asked for a delay.
q: offered to cooperate?
q: are you familiar with monitoring power data?
a: began in 2001.
q: did you take t to increase functional threshold power?
PUTTING UP PAGE 15 of FIRST LANDIS PRETRIAL BRIEF.
q: you see "what does power mean to a cyclist"
q: did you review?
a: last night?
q: you think it's important?
q: it's the most imporant thing.
q: what is a powertap?
a: a device in a hub for measuring power.
q: this is a chart for power data for page S17.
q: this is a discussion on the brief. Landis had an average intensity of 281 watts over 6 hours. Only 7% of his efforts were more intense than S17.
q: functional threshold power. did you expect with microdosed T you'd expect a new high?
q: what was the desired result?
a: to enable the athlete, as the race goes on, to come as close as possible to their best power on a daily basis. not necessarily to set records, but to get back to that level.
q: to get be as good on S17 as S1?
a: I don't know anything about Mr. Landis, I have no ill will towards him.
q: in your experience do riders take T knowing they will be tested?
a: because you don't need a single dose in small quantities that don't trip the ratios. you could easily stop using it for 24-48 hours
q: Is "doesn't have a beneficial effect during an effect like the tour" true?
a: not by my experience. It does have a beneficial effect, for me.
q: so they've asked us to believe two things so far... you believe he could take it knowing he'd be testing.
a: yes. I'm not getting anything out of being here. I've been cut off.... It denies,
q: next claim -- "in an amount too small to raise his T above the level of an average male."
a: if you take it, your hoping to raise it to the normal, rested level, not the decreased level due to fatigue. It's not about being a body builder building 25 pounds of muscle mass.
q: about staying fresh during long stages.
q: another claim "that 4 of 5 tests his tests t/e screens were normal'
a: I was 2 for 2.
q: you said you have been cooperating with us attorney, which.
a: southern district, ca, San Diego.
q: any other contact with DoJ about doping violations?
a: those in san diego.
q: in conjunction with the doping case.
a: don't know. i'm not privy to the discussion.
q: what did you share?
a: the same kind of information I'm sharing here today.
q: have you been notified you are a subject?
a: I have not been notified I'm a subject of their investigation.
q: when did you meet with the us attorney in San diego?
a: earlier this year, once.
q: do you have an attorney?
a: I had one at the meeting?
a: stefan andenian.
q: you don't know floyd landis?
q: spoken to him?
q: friends with his teammates at phonak?
q: you weren't at the 2006 TDF?
q: or 2005
a: not a single one.
q: how many times have you won Paris Nice.
q: how many times have you won ToC?
[ goes on ]
q: do you hold any national championiships?
q: you were racing between 1989 and 1996.
a: US and internationally?
a: europe and latin america?
q: which teams?
a: 1996 pittsburgh power; 1995 same; 1994 same; internationally w/nationally; 1993 junior.
q: so there was only one professional team?
a: team with Matt Eaton.
q: you didn't win...
q: you chose not to get a contract or weren't able to?
a: I'd set a deadline for scholarship renewal, and didn't have a contract, so registered for classes.
q: after undergraduate you returned?
q: and the peloton was faster.
q: and he advised epo?
q: and epo increases hematocrit?
q: and it's not T?
q: but you weren't taking T in 2001?
q: affect of EPO on racing career?
a: can describe on my physiology.
q: no, about your training and racing?
a: by increasing your hematocrit, better oxygen.
q: you said before T had a beneficial effect for you, and described the effect. What effect did EPO have for you?
a: raised hematocrit?
q: did you measure hematocrit?
a: of course.
q: what effect did it have?
a: what do you want?
q: describe as you did for testosterone the beneficial effect, how you felt, impact on racing or training.
a: increased functinal threshold power, the power I had at threshold.
q: 2002, 2003, 2004, 2005, 2006?
q: all the time until you got caught for T?
q: did you take anything else during that period?
q: what else during that timeframe 2001-2006
q: anything else?
a: with the italian team, I can't speak to the specifics.
q: was this the whistle team?
q: that team was giving you substances and you didn't know what they were?
a: the team wasn't.
q: the coach?
q: an individual?
q: who, a name?
a: may I consult my attorney?
BRUNET: you may.
BARNETT: can we do it away from an open mike?
BRUNET: we'll recess.
RECESS 15 minutes.