The Court for Arbitration in Sport (CAS) has rejected the appeal of Floyd Landis effectively ending the 2006 Tour de France Champion's legal options regarding his two-year suspension for returning a positive test for testosterone at the 20006 Tour de France. There was a glimmer of hope for the Landis camp after the results of the Unites States Anti-Doping Agency (USADA) hearing late last year when the panel of arbitrators found that the French testing lab, LNDD, had run the initial T/E screening test improperly.
While the USADA panel found that the subsequent exogenous testosterone test had been run properly, Landis and his defense team argued that since the screening test determines if the exogenous test should be run, it was a case of "fruit of the poisoned tree" and the results of that exogenous test should be ruled invalid.
Unfortunately, the CAS arbitration panel not only didn't accept that defense, the very strong wording of their decision indicates that they were very upset at the way Landis and his defense team mounted their case. In an unprecedented move not only did they find against Floyd, but they also stipulated that Landis pay $100,000 of the USADA's legal costs.
Floyd and his defense team issued a press release indicating that Landis is weighing his options, but it appears that he has none. His two-year suspension ends in January of 2009, but Floyd has stated that if he is found guilty by CAS he would quit cycling. Landis has ridden a few 100-mile MTB endurance races this year, but he was clearly distracted by the CAS hearing and not at his top form. A few weeks ago, Landis was announcing a bike race in Dan Point, California.
How history will view Floyd Landis is yet to be seen. I have to tell you that I was present with Floyd at a number of the events described in his book "Positively False" and everything he describes in the book is as I remember it. No embellishments, not white lies, just the truth, straight up. Even if you believe that he took testosterone, there is no scientific link between that drug and his unbelievable comeback to win the 2006 Tour. Will this be the unfortunate case of getting the death penalty for jaywalking?
What are your thoughts?
Bruce
Active Expert: Bruce Hildenbrand
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Tim Daines
This one is hard for me to swallow,too. It's easy to say that perhaps the testosterone had nothing to do with his amazing comeback to win, but there's absolutely no way of proving that point. It's unfortunate that he cheated. It puts a brown spot on the US team, and taints the whole sport. What about the poor sap that came in 2nd? Anybody know his name? (theoretically speaking)
There's no room for cheaters, at any level of this fine sport. I love cycling and have loved it since I was 10, when it wasn't popular in the US. But now, I'm not all that interested in watching. The only solution in my mind: For all sanctioned events, there needs to be drug and performance enhancing stimulant testing done 1 month, 1 week 1 day before the event, and every morning during. Bottom line. You show any sign = DQ. That's fair to the sport. That's fair to the guy who doesn't cheat to win. That's fair to the fans.
Al Calambro
I sincerely believe that Landis did not cheat, but if he did and managed to get away with it all these years, the procedures used to "nail" him were still flawed, and the CAS is just trying to cover their own incompetence and prejudice in the overall scheme of things. For what it is worth, it is always better to (unfortunately) allow a suspected misdeed-doer to get away with their crime than to penalize an innocent person, especially based on "flawed evidence."
ck2r
I hope we can move on from the whole Floyd Landis debacle. Do we think that Tyler Hamilton is clean too? And, why do people get so fixated on nationality? There is no US team. Do you feel any of the Spanish and Italian riders implicated in Operacion Puerto, for example, are being railroaded as well, or is it just the Americans?
Oscar Pererio finished second behind Floyd in 2006, by the way.
ck2r
cndoctora
I am a physician and I have prescribed testosterone to a variety of men for a variety of health problems. None of these men ever reported any improvement the next day. It takes weeks of weekly injections to improve stamina. It is ridiculous to think that one shot would be the reason for his win the stage after bonking the previous day. I find it incredible that this could not be proven in court. What was wrong with Floyd's lawyers? I have very little doubt that this is a complete frame up by the Tour de France officials
jpsweeps
my simple take on this is that when just ONE of three arbitrators finds in favor of an athlete, then there should be an immediate ruling in the athlete's favor. This is what happened in the Landis case. I compare it to a jury trial, in which a finding of guilt must be unanimous. If not, then there is no guilty verdict. It's a shame that the sporting community always has its self-interests (namely profit and marketability) as the top priorities, and not actual justice for the individual.
Craig Nelson
Weather it helped him win is not the issue. The fact is Floyd tested positive. You can believe soembody spiked his drink of whatever you wish but just like the Olympics - test positive and you are done.
For what it's worth, I was there in '06 and the French were rooting for Floyd, they love a comeback from the dead - which he was after the previous stage.
Al Calambro
in response to: Craig Nelson
No, you're wrong. Landis "tested positive" under very clearly flawed procedures. Having had to undergo numerous drug urinalyses while in the military, the quality of the chain of custody of the samples during the entire process was paramount to ensure fair and unaltered evidence. It is quite clear that some of the procedures used by the lab to handle the samples were questionable and therefore should not have been allowed to be introduced as evidence. As I wrote above, it is unfortunately better to allow a suspected misdeed-doer to get away with their crime than to penalize an innocent person, especially based on "flawed evidence."
Bruce Hildenbrand
What is interesting to me is that testosterone, especially at the levels Floyd is supposed to have taken, would have had no affect on his performance on Stage 17 when he took back all that time. What is clear is that on Stage 17, Team CSC, Team Telekom and Team Caisse d'Epargne completely underestimated Floyd and let him go thinking that he would blow up. This is evidence by the huge number of riders who were still there at the base of the final climb of the final mountain stage in the third week of the Tour.
The day after the stage, the team managers from the aforementioned teams admitted that they had made a huge strategical error in not taking Floyd more seriously. It was a great comeback on Stage 17 and testosterone had nothing to do with it. You can argue all you want if Floyd tested positive or not, but one thing that is very clear to me is that testosterone had nothing to do with his comeback.
Bruce
Davielle
in response to: Bruce Hildenbrand
I'm with Bruce - and the others who believe that Floyd's comeback was JUST THAT - a COMEBACK. Floyd rode the now infamous Stage 17 in the '06 TdF like he lives his life, FULL FREAKIN' OUT, and it is my sincere hope that people will read his book, 'Positively False' and continue to stand behind him - he is truly a great athlete. The doping controversy has been a major disruption to his life and well-being and I for one have been nothing but heartsick over the whole debacle. Floyd has never been anything but gritty, honest, forthcoming and solid in our years of friendship with him - and he rode like he lives. RIDE ON, Floyd. Ride on.
Having met Floyd and being a long time fan has caused me heartache. I worked with one of his coaches and had the opportunity to become close to people familiar with Floyd. He was one of our hopes, and it is well known that he does not dope.
I find this political power abuse by CAS unprecedented. It sounds like the egos at CAS are defending themselves rather than proving objectively that there was a banned substance used. It is obvious the CAS will have to change or cease to exist in the current form.