Monday, May 14, 2007

Hue - What's the Frequency Kenneth?

Dave is doing a very good and thorough job in describing the actual testimony summary. So, I will attempt to give you my impressions of what is going on in terms of hearing strategy and performance etc.

Shackelton and Suh continue the cross-examination after talking past one another for nearly an hour this morning. Suh's 45 minutes of anticipated additional cross examination stops this afternoon at about 3 minutes. Brunet asked: Was that 45 minutes?" Suh said "I can go on if you want," to general laughter.

It seems to me that so far Jacobs is doing the best lawyering job in this case. Young is trying to get into his stride while Suh might have been getting close to being too vigorous and adament this morning. Young is from Travis Tygart's former Law firm in Colorado. He is outside counsel hired to prosecute this case. His lawfirm is international and is alligned with the Olympic Movement. As such, he was at the China Olympic conference. McLaren and Brunet also attended the conference. Suh, Jacobs and Campbell did not attend.

Mr Brunet is feeling the heat. His forehead is consistantly moist.

Much of the hearing room is reserved for USADA VIP's and 15 seats for the Press. At his point the vast majority of those seats are empty. Getting into the hearing room might be easier later today or tomorrow. By the middle of the week, it may be quite easy to attend, if actual bodies in the seats is something the powers that be are interested in.

USADA seems very interested in presenting witnesses who have never testified before. The second witness, Dr Brenna, has only testified in a small claims case involving his back yard. He was USADA's expert at "reprocessing" the "B" samples. He is a WADA sponsored scientist. He and Young are very dry. He says the chromatagraph weren't "perfect". He has seen better but it doesn't make a difference to him. He worries about separation not symmetry. He finds good separation in all relevant samples and he can see peaks, even very small peaks that don't look like peaks at all because he "knows what to look for".

May 4th and 5th, Brenna reprocessed the "B" samples. The technician told the OS2 software to "find the peaks". The documentation was out there on the table, written in French, for all to see. He doesn't read French but he can read a graph alright. Brenner saw each chromatogram and most were adjusted. He and 2 other people were "right over their shoulder" so he can't imagine how the technician stood up to that ... They did everything everytime, all the same according to the SOP. He doesn't think they could remember what they did 8 months before to be able to manipulate this. There was some talk about doing the reprocessing manually. This lab does do manual "quality control" and that is good . Other labs choose not to do this kind of manual quality control.

This is a good witness for USADA.

We all need a break and Brunet calls one.