Showing posts with label day 2. Show all posts
Showing posts with label day 2. Show all posts

Wednesday, May 16, 2007

Hue- Eye of the Storm Day 2

Brunet picks up on what Young put on the overhead prior to the break and asks "doesn't that resolve it"?

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Suh is talking about the big picture but Brunet is going with the Young "ruse" performed at the end of the last section of the examination.

Young is a clever fellow.

Now Young slowly and with the confidence of one who is sure of the results of his argument, lays the blame again on Landis' attorney and his representatives who were kicked out of the lab in Paris (the Panel has determined in the Decision filed last night that Landis' attorneys were responsible for a private deal that overrode the Panel's permitting them to be present at all "B" sample re-testing.). Young knows what is working and has worked with "the majority" at least twice we know of: Find a convuluted way to blame Landis' lawyers for whatever problems they claim and hoist them on their own petard.

Campbell interrupts and asked if they were surprised by the answer. I think he'd like to entertain an adjournment of some kind but Suh misses that point. He wants the destroyed electronic files. The condescending lawyer (Barnett) again says they have all they need. They have it, he says, in essence "move on" and cry over it later. They continue their discussion.

The Panel's helper behind the witness is keeping time and Campbell tells him NOT to dock Landis' time but to count this discussion within the Panel's time.

Suh says they got the 44/45 graphs May 5 and have not had time to work with them.

Brunet says "No, you have had them since January" and "your expert should have been able to deal with it", adopting the 2nd Young "gambit", presented above.

Brunet got the memo.

Campbell asks whether it could be resolved by analysis at UCLA. Dr Simon Davis comes down front in a blue t-shirt. Campbell wants to swear him in. He apparently has a machine here with the software loaded.

Barnett continues to personalize and blame, in his "superior" and "weary" tone.

Young stands for his latest educational presentation. He wants no further testing.

Campbell says wouldn't Suh have had to be a clairvoyant to know what the witness would say or need?

Barnett jams Suh again. He mischaracterizes Suh's misunderstanding of Campbells question. He is the only lawyer on either side that bothers me. The rest are highly professional. Barnett seems to be angling for a partnership or a better equity share (if he has one already) to me. Lawyers get those things by being pitbulls or bringing in revenue. He looks to be doing both.

Young goes 3 for 3. No further testing. Suh terminates his cross and they get set for redirect.

All Mongongu. All day.

Young is up. He gets her into the same room as Ms. Ferlot by leading question (something she didn't mention before. She said she reviewed the results on paper). Now he tells her where she "always" put the aliquots when she wasn't using them. She agrees. He's done his job and has taken the reigns in USADA's search for the truth. That truth, in many details, is not coming spontaneously from a witness but is coming in from him. BRAVO!

The rules allow this, by the way. He's done.

Campbell has some questions!

This is also within the rules.

He is asking about chain in custody issues involving Cirpolini. He asks if she is to understand the ISL as part of her job requirements. She says she has to have read them and acknowledges she has to understand them too, when Campbell redirects her to his original question which was exactly that. Young jumps in to slow it down some.

He seeks clarification of a report (that it affirms a "positive") and asks for the French version.

Barnnet jumps in and says Exhibit 99. This concerns the definition of "adverse analytical finding". Brunet gives the interpreter the correct french terminology. Does Exhibit 88 record an "adverse analytical finding?" She says yes.

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Tuesday, May 15, 2007

Hue-Color Day 2

TBV is back at the play by play helm and for all of you who have never done this, his work is fast and accurate. He is an amazing and dedicated fellow. I'm pleased to be back at the color chair.

I have had some of the worst experiences of my judicial career with difficult interpretations of proceedings. When you get a good one, their value is clear. The replacement interpreter they brought in has done a fantastic job under challenging circumstances and the parties owe her a debt of gratitude.

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We are all in the hearing room now because the Panel is letting us bring our laptops into the room. Each member of the Panel has their own bound volumes so the sheer number of binders behind them is diminished some because there are 3 duplicates up there. Brunet is chatting with Campbell some this afternoon. Campbell passed a note to McLaren and they shared a glance and a smile. That is nice to see.

Ms. Monongu indicates that until this weekend she didn't know she was involved in the Landis testing and that seems odd to me. We will see if Suh or Jacobs gets to the bottom of that.

Mr Dunn is handling the questioning for USADA for the first time. He cuts a sharper figure than Mr Young. His business card says on the back; "You have a voice, let it be heard!" and the front says he's been "Listening since 1980". The ironies that we see daily are often stunning. I wonder whether Floyd Landis would agree that USADA even appreciates much less encourages his voice to be heard.

There will be no cross today. An old trial lawyers technique is to run down the clock and leave the fact finder with the last examination over night. Ms Monongu seems very pleasant and of course she did nothing to erase data. She simply stopped and started tests over and over, for a variety of reasons, none her own. The files were over-written because of these things. That is what USADA would love to see the fact finder sleep on. Dunn summarizes the bottle mix-up and incorrect data and that she fixed the problem, re-running the data so it could be used. She copied the wrong line of text, a simple mistake in copying and then she pasted the text line, later. Why of course! And we rest with that leading summary of her testing. A classic.

Landis gets to question her tomorrow.

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Hue-Get Up

Hue is taking over the "play by play" while dB goes into the hearing room for the first time.

TBV types much faster than I do but I'll give it a shot.

Someone asked about how the Landis camp "monitors" the testimony in French and the answer is that Arnie Baker is a native of Quebec and is fluent in French...... keep the cards and letters coming!!!

We are about to begin at about 2:40.

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Hue-Can't Get There From Here

This scene is one of the most mind boggling things I have ever witnessed in any court. Ms Mongongu is testifying and has been since 11:00 this morning. The matter has adjourned until 2:00. About 10 minutes of practical testimony has been received due to severe interpretation problems (She speaks French but does know some English).

Pursuant to pretrial orders, the parties are required to provide translators, if necessary. The translation is not simultaneous and Mr Brunet, who speaks French and English, has inserted himself into the matter, to correct translation and to attempt to aid in technical scientific terminology. The interpreter chosen by USADA for the very important task and very important witness is not competent. The irony of that has not been lost on anyone here.

Ms Mongongu is one of the LNDD technicians involved in some aspect of both the "A" and "B" Stage 17 samples. Landis had requested that she be deposed in Paris where she lived so that the Landaluze issues could be explored and eliminated or highlighted for trial. USADA vigorously objected and in a 3 to 0 decision (no authority to compel but Campbell prophetically thought if there was ever a case to allow it, this would be it), the Panel agreed with USADA and prohibited discovery. The benefit of discovery is to avoid wasting time at trial. Today the chickens come home to roost because the method of translation has delayed the case for hours and we have not even examined the substance of the testimony.

A new translator is on the way as we wait.

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Hue - Impressions From the Hearing Room

McLaren and Brunet chat and come into the hearing together or come in separate and immediately begin to converse. Campbell always comes in alone and the other two don't talk to him at all, although McLaren asked Campbell for a highlighter pen and some sticky pads today. They do this in the open and appearance of isolating one of the arbitrators doesn't seem to bother them. I've been on a 3 person Panel. If my collegues ignored me like that, I'd be saddened. Some may say Campbell isolates himself but that IS NOT my impression and believe me, I'm here and I'm looking and watching carefully.

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For all you guys who think the "hacked" LNDD documents were created by Landis' team, they are part of discovery sent to Landis by USADA and have been authenticated for use at trial. So much for the "reverse conspiracy theory". They are genuine.

Everyone in the case seems to have a bottled water all the time. The Panel have 2 each and there is at least two cases in the hearing room and a case in the Press room. The bottled water is Arrowhead and it is provided by the USOC. Perhaps fearing contamination or tainting, USADA officials and lawyers are not drinking the Arrowhead. They are drinking Aquafina. Larry Bowers drinks Coke (which owns Aquafina). Perhaps that is some sort of sponsorship issue.

Maurice Suh is an extreemly good trial lawyer. While he may not always have a perfect grasp of the application of some of the most technical scientific terminology (disturbing the wonks a little), he knows the science and he is a lawyer who isn't pretending to be a scientist. Howard Jacobs combines the science and the law a little better than Suh. I am impressed by his skill in that regard.

Richard Young is sort of frumpy in a Walter Matthau way. He strikes me as being an insurance defense type of lawyer. They don't care about the fit of their suit or the way their hair is cut as much as they delve deeply into the nuances of the case and the advocacy of that position. They get paid by the hour and not necessarily to win the case. Sometimes they are paid by the hour to minimize damages.

Todays cross of Brenna by Suh is some of the best lawyering I have ever seen. Both subtle and blunt, the examination revealed the intentional erasure of data multiple times, the people behind the erasure and USADA's role in trying to prevent Landis from knowledge of logs which would reveal those erasures and thus highly relevant aspects of the case. Rarely do you see a cross which is surgically as precise at that one was.

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Hue-Inside the Hearing Room

I was able to get into the hearing room this morning and can probably do so throughout the hearing from now on.

The hearing room is small, consisting of a large elevated bench for the three person Panel. Mr Brunet sits in the middle and Mr Campbell is to his right and Mr McLaren to his left. Behind them are some 30 3 inch volumes of the record.

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The lawyers sit at tables in the "well" and there are at least 4 lawyers at each table. Behind Landis's table in front of the bar sit, Will Geoghegan, Michael Hensen, Dr Kay, Arnie Baker, Floyd's Mom and Dad and at various points, Landis' wife Amber.

Behind the USADA table sit their witnesses and the lawyers' paralegals.

The seats for the audience elevate behind the bar into 5 rows of 16 seats divided in half by a single row. the first two rows behind Landis are reserved for his guests and they are filled. USADA has two rows and about 7 people sit there. Those seats are largly empty. The next complete row is for Pepperdine students and the general public. Those seats are mostly filled. The next complete row is for the Press and about half the seats are filled. the last row is miscelanious, Mr Campbell's wife and daughter were sitting there today along with former FCC Chair Michael Powell and another person.

The witnesses testify from the jury box. Two men sit behind the witnesses,. One of them is the Panel's Independant Expert from the Rome Lab and the other is a helper for the Panel. there is a court Reporter taking the proceedings

There are 4 or 5 huge still cameras and two video cameras. The seating area has two 52 inch plasma screens and there are 3 17 inch plasmas at the witness box and the lawyer's podium. there is a 100 inch projected screen directly across from the witness that everyone at the bar looks at during the proceedings. The lawyers have all the latest technology at a huge podium; a vcr/cd player, an "Elmo" projector which is an overhead projector with a video camera instead of a still projector and comperter, keyboard and mouse. In addition, each side has a technician to the side with multiple laptops controlling the projection of additional evidence with the ability to highlight, enlarge, "box" and isolate documents. Oddly, the sound is bad, something that might be resolved ny the use of wireless microphones.

There is no traditional "All Rise" as the Panel enters and everyone is getting used to greater formality today as they address one another in contrast to yesterday where they all referred to one another on a first name basis.

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Hue -The Human Side

Floyd walking outside the Law School all alone 10 minutes before the hearing.

Christopher Campbell's daughter all dressed up to watch her daddy work and wondering why daddy doesn't get to talk at all.

Floyd's dad in the long cafeteria lunch line talking about his love of submarine sandwiches.

Amber Landis getting a dozen sandwiches from the cafeteria, as well.

Floyd's mom asked by a reporter what she thaught about the proceedings and answering cheerfully that she doesn't know about such things but does know about cooking and cleaning.

Dr Kay shlepping to his car to get a stack of CD-Roms to use that night.

Floyd's "look" at Larry Bowers, the person who was identified as the USADA rep that tried to keep the Landis camp from getting the information concerning the over-written portions of the LNDD testing files.


Larry Bowers, USADA Attorney called out by Suh, takes his seat.

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