Tuesday, September 04, 2007

Tuesday Roundup

News
The Daily News Record tells the story of Sunday's SM100 from the perspective of Jeff Schalk and Harlan Price who got the once in a lifetime chance to race against and beat Floyd Landis. Floyd's participation was kept quiet for as long as possible in order to preserve the low key atmosphere associated with the race. Landis found the Virgina race course technical and difficult, but Jeff Schalk, the eventual winner, found that having Landis behind him all day pushing was a great motivator:

“They stopped and got [water] bottles and I got a little gap and looked back,” Price said, “and it kind of occurred to me that it would be kind of cool to pull a Floyd Landis against Floyd Landis.“… On the one hand, it’s got this terrified, kinda-like-you’re-running-from-the-mob feel, so you’re looking back every five seconds, but it also motivates you to dig deeper, because you’re like, ‘Any second, they’re going to kill me, so I’ve got to stay on it.’ I had no idea I had a big gap, so that motivated me to just kill myself as much as I could to stay in front.”


The Washington Times' Dan Daly thinks that Rodney Harrison, who admitted using HGR, is on a higher rung of the "cheaters ladder" than say Floyd Landis because he confessed to his crime and never tried to deny what he did.


The St. Louis Post Dispatch says the Tour of Missouri is ready to roll September 11 despite doping scandals in cycling such as those that took place in the past two Tours de France.


The CyclingNews has plenty to say today about the politics surrounding cycling. From the Valverde mess to CONI's continuing case against DiLuca to Gerolsteiner getting out of cycling it's one depressing thing after another.


CNN/SI/FanNation/McEntegart snarks:

· Doctors have discovered that the hearts of former Tour de France cyclists are from 20 to 40 percent larger than normal. Floyd Landis insists he can explain.



SI reports the study snarked above that showed TdF-level training increases heart size. It concludes with some anti-doping propaganda that stretches credulity:

"These athletes already have hearts that have increased in volume to adapt to their training workload," Bove said. "If they then go and use drugs, that could potentially erase the natural advantage they already have."


Blogs
Rant did an email interview with Joe Papp, who believes USADA treated him fairly.


Earlier, Rant muses about the past while attending his high school reunion. He notes that the Ian Thorpe case has been closed by ASADA, and he observes that while the rest of us wait impatiently for the Landis ruling to come down, Floyd's life hangs in the vacuum of uncertainty created by the seemingly endless ordeal.


Harlan Price, 2nd at the SM 100, teases us for his forthcoming full report.
Here is a little Teaser.. 2nd place on the day, 2nd overall in the NUE Series.
SM100 is over!! Tour De France winner Floyd Landis was there. All doping allegations aside; I like him. Plus he was behind me at the finish line.


Glendora Mountain Road provides a fascinating chart of the time in days it has taken for arbitration decisions to be made. Floyd's is above the median, but may not be the longest after all. GMR also links the web pages for the three Landis arbitrators. Interesting, thanks so much GMR.


Gwadzilla writes about the SM100 and the fantastic race weekend that it was. He feared the presence of Floyd Landis would disturb the event, but it did not.


CRC Racing Central writes about the SM100 and notes the Trek riders came through big time.

Lily
had an excellent time at the SM100 and Floyd Landis was super cool to just chill with.


Blacknell was at the SM100 Sunday and posts one of MJ's photos of Floyd Landis congratulating Jeff Schalk.


Brain Off is an old friend of Jeff Schalk, the winner of the SM100 Sunday. Brain feels that Jeff is gutsy to have left his job as an engineer to pursue mountain biking, and it paid off in Sunday when he beat Floyd Landis among others.


Karin and the kids volunteered at the SM100 this year and the adrenaline created by the presence of Floyd Landis spurred many rider on. She and Z took some pictures of the event as well.


The Child Family is reading "Positively False" and can't be convinced that Floyd Landis is guilty of doping because of Floyd's background and training regemine. They also include some shots from the Tour of Georgia.


Churn promises some photos of the SM 100.


Zack is excited that Jeff Schalk beat Floyd Landis in the SM100, and promises to get some pix from the riders who were there.


Buddy suffered and yet survived the SM100 this past weekend. He also got to party hard with Floyd Landis afterward where Floyd talked shit, took shit from the boys, and drank some brews with shots. Buddy has photographic evidence but can't get the shots he took off his phone to show. Floyd allegedly has some pics he took with his iphone, maybe he'd like to share?


Bike World doesn't think going to the SM 100 is the behavior of a doper.

He hasn't gone into hiding, he's up front, seemingly honest and presents himself as an ordinary guy that loves to ride that is caught up in some crap that's keeping him away from what he loves. No self-righteous indignation, ala David Millar.


Rylo thinks the answer for pro cycling is downsizing:
I think the pros in Europe have to downsize to the level of the US racing system. When the top riders make $130,000 instead of $1.3 million the cheating factor will be reduced (but not eliminated). We know there will be no more Discovery team next year, and no Astana, no more Cofidis, and no more Gerolsteiner. The big dollars will dry up as the corporations run away from cycling.


12 comments:

GMR said...

Strbuk -- please see http://glendoramtnroad.blogspot.com/2007/09/how-long-does-ruling-take.html
I did some research on hearings to awards timings.
-GMR

MB said...

Thanks for the link (I'm Blacknell). FWIW, Landis was very cool and available to everyone throughout the weekend. As you might imagine, lots of people wanted their race placards signed, and he was always obliging . . .

More pictures soon.

Unknown said...

GMR,

Thanks for the links to the arbitrators home pages (although Campbell's seems to be broken).

I think we should all send the following link to the 3 arbs:

http://www.cacnews.org/pdfs/4thq2007.pdf

(This is the link from the California Association of Criminologists Newsletter)

Mike

wschart said...

Michael:

I don't know how much good that might do. I would expect that the arbs are under obligation to only consider evidence actually presented at the hearing, or in documents submitted by the parties themselves. Like a jury is only supposed to consider the evidence presented at trial and not what public opinion is, or what various experts who did not testify think, etc. If they are fair and honest, they would probably ignore any attempts to influence their decision.

strbuk said...

GMR thanks so much for the research and for alerting us to your link. Interesting stuff, and somewhat comforting in that it appears Floyd's wait for a decision may not be the longest after all.

str

Julie Freeman said...

It amazes me that Australia cleared Thorpe so quickly and with a process that I would have expected here. Independent labs to validate the findings...due process. Sounds so American and yet we wait.

Eightzero said...

wschart, true enough. This is why the closed door meeting with Botre on 9/13 is troubling. Appointment of "special masters" is not uncommon for courts, but anyone know if the AAA rules address this? If the USADA rules permit an athlete to have an open hearing, how is it some of it can be closed? IOW, if Botre meets with the panel behind closed doors before (or even after) the hearing is closed, doesn't that defeat the open hearing provision? Judge Hue - can you comment?

Laura Challoner, DVM said...

In the first Interlocutory Order of the Panel, the concept of an "independent expert" to aid the Panel was initiated. The expert was later identified as Dr Botre.
That paragraph provides:

"18. Further in making the foregoing ruling, if the methodologies of the Lab are
indeed flawed, as alleged by the Respondent, then, the appointment of an expert by the Panel to review the operation of the Lab’s IRMS and GC/MS equipment will provide the protection for the Athlete. The Panel’s expert will
identify if there are flaws in the testing equipment. Therefore, the interests of the Athlete are protected in permitting an analysis of the “B” samples
through the role of the Panel’s expert. That expert will have determined if the methodologies are flawed."

The arbitrators must feel they have some inherant authority to consult with Dr Botre because the authority to do so is not set forth in the AAA-CAS Supplementary Procedures.I do not find authority under the Supplemental Procedures to take any evidence nor to consult with any expert in the absence of the parties and/or their representatives unless waiver has occured.

I can find no provision authorizing consultation with Dr Botre in an expanded role beyond the parameters set forth in Interlocutory Order and even there, the Panel failed to set forth any authority for a "forth arbitrator" no matter how he is otherwise identified and rationalized (to protect the athlete's interests).

Further,I can find no authority in the Supplemental Procedures to keep hearings open beyond the last and final submissions of the parties.

Bill Hue

wschart said...

So, if indeed the panel is taking actions for which they have no authority, what, if any, remedy does Landis have?

Unknown said...

wschart, Judge Hue might have a different take. IMO, if the panel is taking actions for which they have no authority, Floyd has few practical remedies. Any possible appeal to CAS, from either side, results in a new, and closed, hearing. If CAS eventually rules in Floyd's favor, they might reference the panel exceeding their authority? Regardless, at the rate we are going, any eventual appeals or other court action will result in a de facto 2+ year ban. Great system (sarcasm intended). Floyd and the other athletes are being hosed.

Eightzero said...

Indeed, what remedy? *Thank you* Judge Hue. Very enlightening. I'm thinking perhaps it is time for good ol' run of the mill litigation. Floyd isn't being afforded an Arbitration as that is defined in his contractual agreements. The proceeding are supposed to be under the AAA rules, and this consultation with Botre sure looks like a ex-parte submission of evidence. Time to have a federal district court look into this as a breach of contract?

gwadzilla said...

hey!
I read GWADZILLA

I bet if he spent more time riding and less time blogging he would have had a stronger time at the Shenandoah Mountain 100!