Wednesday, October 17, 2007

Wednesday Roundup

The VeloNews has just posted an AFP piece reporting that the AFLD will reopen its case against Floyd Landis. This will be done preemptively to close one potential loophole which might allow Landis to compete in the 2008 TdF:

The French anti-doping agency (AFLD) on Wednesday said it intends to pursue doping charges against Floyd Landis, purportedly to close a legal loophole which could allow him to compete in the Tour de France while technically banned.

The situation could arise whereby Landis could compete again if the Tour de France took place outside of the auspices of the UCI, a real possibility given that the Tour is currently battling with the governing body.

The AFLD has decided to examine the case of Floyd Landis and we have notified his lawyers," AFLD president Pierre Bordry confirmed on Wednesday. "Landis was sanctioned for two years by the UCI. From that point he is barred from all competitions organized by the UCI or affiliated federations.

Bordry carefully avoids discussing the issue and timing of the CAS appeal. The real loophole they may be closing is the possibility of CAS finding him not-guilty, and thus eligible. By carrying forward this other case before that is resolved, they may convict him in triple-Jeopardy. We don't know enough about the rules of the AFLD proceeding to know what burdens of proof are involved. We'll try to research this.

The VeloNews also reports that Jean-Francois Lamour has resigned from WADA which also ends his bid to replace outgoing president Dick Pound. The resignation appears to be motivated by the recently approved candidacy for the top spot by John Fahey:
Recent Australian media reports have said the New Zealand-born Fahey, 62, has engaged in secret backroom deals with the United States and New Zealand to ensure he secures the world's top anti-doping role

ESPN, in a story related to the above Velonews piece, reports that IOC president Jacques Rogge is urging Europe NOT to follow the advice of former WADA member Jean-Francois Lamour to break away from the WADA.

The VeloNews posts its Wednesday Mailbag and has a few pertinent letters from readers this AM one of which asks why the UCI seems to have forgotten the possible connection Oscar Pereiro may have to the OP investigation? Another note starts to say "just quit already" to Floyd Landis, but then the writer recounts a similar situation from his own family:

As with most readers, I am sick and tired of reading about Floyd Landis defending his "non-use" of a performance-enhancing drug. He has now been found guilty on every complaint yet he still relentlessly defends himself. So, on one hand, I just want to say to Floyd, "enough's enough!

Then there's the other hand. His determination to clear his name just may be due to the truth that he may really be innocent. After a random drug test on a random number of high school kids at my daughter's high school last year, my daughter's results came back positive for a number of drugs. To say the least, we were all stunned with the news as well as the school's administration and faculty who knew my daughter well and never dreamed that she was "dirty" in any way.

My daughter was also devastated and swore to her innocence. Several attempts to demand the school to re-do her test went unnoticed. Finally, I agreed to pay for an extensive drug test (utilizing hair samples) with another outside testing agency and the school said they would honor the results. The test results came back completely negative and my daughter was fully reinstated and the school offered an apology.

It was later learned that this initial drug-testing company had a long list of errors and was no longer in the drug-testing business. So, mistakes do happen. I hope that is the case with Landis. If not, after this final appeal, Floyd Landis needs to leave it alone, accept the punishment and move we can, as well.

Ron Bridges
Redding, California

The CyclingNews makes it obvious that the UCI still has a lot on its hands even with the cycling season winding down. The Danilo DiLuca suspension by CONI shows that the Pro Tour standings, which DiLiuca leads at present, are up in the air and now under study by the UCI. Also Andrey Kashechkin still contends that he is innocent despite a reported positive doping control for a homologous blood transfusion. He is not getting the answers from the UCI that he is seeking and feels the controllers might have botched his tests :
He has filed a court case which charges the UCI with violating his privacy by releasing the information of his doping controls. "I hope that justice will be done," said Kashechkin. "If I were guilty, I would not continue to proclaim my innocence."

In the PM update the CyclingNews notes the possible complications in the race for the Pro Tour championship, and also posts a statement by German prosecutor Fred Apostel, who is handing Jan Ullrich's case, saying that he may close the case without pressing charges, that is, if Ullrich confesses and cooperates.

Rant wries short reviews of TBV's "Seven Paragraphs" and "Our Appeal Brief" which Rant recommends highly for a greater understanding of the Landis appeal to the CAS.

Polemic Pontification pens a heartfelt "Dear John" to professional sports due in part to the doping scandals in cycling and more specifically the Tyler Hamilton and Floyd Landis situations.

Gwadzilla wonders if anyone cares about the Landis case anymore.

Wabash Composition writes an indignant entry about the awarding of the 2006 yellow jersey to Oscar Pereiro. He thinks that the kind of behavior exhibited by Floyd Landis cannot be excused and is completely uncalled for, that behavior being the use of anabolic steroids, and that Landis should be punished harshly for it.

Forrest Gladding reminisces about the 1995 24hrs of Moab, in which his team beat one that contained a young Floyd Landis. He also tosses in a barb.

Moneyjumpshot thinks The Man in the US has it in for blacks (eg: Michael Vick), and the only reason Landis got nailed is because it was in Europe.

NorthAmericanFlyers, a while back, gave a pointer to Hue's Review.

MacKenchi is thinking it's "Hip to be Spared", and is thinking about Landis' BHR.

Finger Food finds some of Oscar Pereiro's statements curious in light of his 2006 Tour de France "win".

Cascade Bicycle Club has a longish discussion, a bit one sidedly pro-Landis.


Unknown said...

Okay, so one of my recent predictions went up in flames. I was sure AFLD would re-open the hearing against Floyd, but thought they would wait until the CAS appeal had concluded.

The rationale from the VenoNews article indicates they are being pre-emptive in case ASO runs future editions of the TdF outside the sanction of the UCI..........

Regardless, Floyd should not be obliged to defend himself in yet another forum. This points to the failure of WADA code being unified at the time of the 2006 TdF. Either AFLD should have jurisdiction or USADA should have jurisdiction to prosecute, not both.........