USOC has put up the witness list for tomorrow, and Order 2, now improved with reasons.
Order 2 was the motion in limine, trying to get the new B's disallowed. They're in. We get some information about the disputes over issues and access. What we learn from this is:
- Landis was asking for frequent linearity and stability runs. LNDD said no way, we only do them once a month. Aquilera agreed. We learned earlier that Brenna does linearity at least once a week.
- B sample observers don't normally get to observe linearity and stability runs, so they didn't here.
- Some materials asked for were not given, because they aren't normal B sample things. They are discovery things, and while the panel ordered them produced, the purpose of the meeting wasn't discovery, it was observation. So while you are there, you can't get what they ordered produced. Go figure.
- Mr. Dunn was accused of stopping conversations so Dr. Davis wouldn't hear.
- The panel decides that Scott agreed to something he would never have agreed to, so that's why he wasn't let in.
What seems to be happening:
- USADA is trying to show single metabolite positive on a bunch of stages clumped around S17.
- USADA seems to be collapsing on the 3.0 vs. 3.8 issue with LNDD admitting the 3.8 criteria that Brenna fought so hard to try to save for USADA in the morning. USADA will still argue the rules say 3.0, and the lab is wrong to use 3.8, but that may not get far.
- USADA is continuing to argue that errors in one part of a chromatogram don't affect the rest.
- Landis scored against Brenna with the log file issues.
- USADA has tried to rebut points made by Landis in one cross during direct of another witness. Here, there are trying to use Monongu to salvage the log file points made against Brenna in the morning. She admitted to starting and stopping the machine for a variety of reasons, none clearly documented in any of the logs or test documentation. There was one at the end involving something about a wrong vial, or wrong vial number, and another involving refilling the liquid nitrogen. For the latter, she has to wait till is stabilizes. How long? How do you know it's stable? Is the LN fill documented in the pack anywhere?
- This interpreter is very good, better than the ones I suffered with in the past.
- The Landis side seemed to be looking forward to cross examination tomorrow. Will we see Suh the shark, or Suh the seducer?