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  1. #1
    Senior Member jaxgtr's Avatar
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    Landis to appeal to CAS

    From ESPN:

    Landis will appeal arbitration loss to Court of Arbitration for Sport

    By Bonnie D. Ford
    Special to ESPN.com
    (Archive)

    Updated: October 10, 2007, 3:37 PM ET

    Floyd Landis will appeal a decision that took away his title in the 2006 Tour de France for failing a drug test.

    It is Landis' last chance to retain his 2006 Tour de France title.

    Landis told ESPN.com on Wednesday his decision to appeal an arbitration panel's split vote against him in his doping case was easy "once I got myself together and made sure I had the energy to do it."

    In a note on his Web site, Landis said that he will appeal to the Court of Arbitration for Sport to overturn decision by a U.S. Anti-Doping Agency arbitration panel that upheld the results of his initial failed test.

    "Knowing that the accusations against me are simply wrong, and having risked all my energy and resources -- including those of my family, friends and supporters -- to show clearly that I won the 2006 Tour de France fair and square, I will continue to fight for what I know is right," Landis wrote on his Web site. "Doping in sport seems to continue to get worse under the current anti-doping system, and this is only a part of the huge amount of proof that the WADA/USADA system needs a total overhaul.

    "I will continue to work to clear my name and fight for change in the name of fairness and justice. No matter the final outcome of my case, there must be change in the current system if athletes can ever hope to compete on a level playing field and return to the joy and inspiration that sport can bring all of us."

    Landis said he has "a little bit of hope'' that the CAS, headquartered in Lausanne, Switzerland and the last resort for accused athletes in the anti-doping adjudication process, will overturn the 2-1 ruling the rider described as "contradictory and nonsensical.''

    "We were all obviously very disappointed,'' Landis said of his friends, family and legal team, who helped raise the approximately $2 million it took to defend him before the three-man panel who heard his case in May. "But there wasn't anyone who thought we should just give up.''

    The panel convened by the U.S. Anti-Doping Agency voted 2-1 to uphold the results of tests that showed Landis used synthetic testosterone on the day of a remarkable comeback ride in the Alps that essentially clinched the race for him.

    However, the two arbitrators who voted in the majority, Patrice Brunet and Richard McLaren, scolded the Chatenay-Malabry laboratory outside Paris for lack of attention to detail and warned that further such deviations from standard scientific practice could jeopardize the lab's findings -- although they believed in the end that the scientific evidence warranted a conviction. The dissenting arbitrator, Christopher Campbell, said the lab's sloppiness completely undermined the case against Landis.

    The ruling as a whole gave Landis and his lawyers reason to believe that an appeal was justified, the 31-year-old cyclist said from his home outside San Diego. The Los Angeles attorneys who represented him in the USADA hearing, Maurice Suh and Howard Jacobs, will continue to be involved, but Landis said he has hired two Swiss lawyers with experience in CAS hearings to serve as lead co-counsel.

    Landis said he does not know when the hearing will take place, but added he does not anticipate having to do much more fundraising for his defense, as most of the basic research is done. He is suspended from competition until early 2009.

    He said the recent confession by Olympic track star Marion Jones has led to many comparisons he thinks are unfair.

    "Anyone who thinks this affects me isn't using logic,'' Landis said.

    Meanwhile, a symbolic passage will take place Monday in Madrid, where Tour organizers will formally present 2006 runner-up Oscar Pereiro of Spain the overall winner's yellow jersey in a ceremony.

    Landis said he finds it "absurd" that Tour officials would make that gesture before he had exhausted all his legal options, but added he won't ask for the jersey back if he wins in court.

    "I won't be taking part in any more ceremonies like that,'' he said. "This just shows what I've said all along -- they don't care about the facts. If the French lab [that processed his test samples] says something, they believe it.''

    Landis also faces a two-year ban, retroactive to Jan. 30.

    "My hope is that the CAS panel will review my case on the basis of the facts and the science, and to approach my appeal from the principle that the anti-doping authorities must uphold the highest levels of appropriate process, technical skill, science and professional standards to pronounce judgment on matters that hold an athlete's career, accomplishments and livelihood in the balance," Landis wrote on his Web site.

    "Finally, I want to express my heartfelt thanks to my family, friends and supporters who have stood by me and this cause in the face of a huge amount of cynicism and despair across the world of sport. Doping is a cultural problem, and it is obviously a wrong that needs to be addressed and corrected, but perpetrating a cynical and corrupt anti-doping system will not solve the problem. Two wrongs never make a right."

    Information from The Associated Press is included in this report

    http://sports.espn.go.com/oly/cyclin...ory?id=3057366
    Brian | 2013 Cannondale SuperSix 5 | 2014 Trek CrossRip Comp | 2003 Trek 7300
    Quote Originally Posted by AEO View Post
    you should learn to embrace change, and mock it's failings every step of the way.

  2. #2
    Senior Moment Member Gee3's Avatar
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    So if he wins his appeal I wonder how Periero will take it? I wonder how the TdF head honchos would handle it after already giving the yellow jersey to #2? I wonder if they'd swallow their pride and apologize to Landis?

    It'd be interesting to see the "what if's"...
    This day will be over... one of these days!

    "I have cancer, cancer doesn't have me."
    Quote from a Kaiser commercial that reminds me of my mom.

  3. #3
    Senior Member jaxgtr's Avatar
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    That will be interesting. I can't believe they are going to do it before the end to all his appeals.
    Brian | 2013 Cannondale SuperSix 5 | 2014 Trek CrossRip Comp | 2003 Trek 7300
    Quote Originally Posted by AEO View Post
    you should learn to embrace change, and mock it's failings every step of the way.

  4. #4
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    Two wrongs never make a right."
    huh-----is that a tacit admission of guilt?

  5. #5
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    Quote Originally Posted by skanking biker View Post
    huh-----is that a tacit admission of guilt?
    He's referring to the other side.

    If you read the decision it's basicly "Dr. Botre told us to ignore any evidence and find him guilty". Given that no one can prove they've never doped (can't prove a negative), it's the only recourse. There are some really good arbitration hearing people in the CAS, like the guys who found for Landaluze, who had a much weaker case. I don't think they'll be writing off any of the damning evidence of incompetence and malfeasance like the WADA supplied experts and arbitrators did. Campbell, while civil in tone, was just laying into the others in his dissent.

    I don't think USADA's case would have held water even in a civil court in the US. It was pretty weak.

    I lost a lot of interest in Landis himself for his side's part in the circus that was the hearing, I'm more concerned for the other athletes in his position. Not everyone who's accused is actually guilty because testing isn't foolproof either way, and you need to police the system. No one does that. One side gets to ignore the rules and rarely get even a slap on the wrist over it. Landaluze was probably guilty, but they didn't follow their rules and he got off. We can't know with Landis because of the mishandling of everything throughout. To the point that some documents were pretty blatant forgeries. Either the testing agencies need to be actually held to the rules, even if that means most dopers are let off until they clean up the system, or athletes need unions to help fight back.

    Even if it's "obvious" that someone is doping for whatever reason, "obvious" doesn't excuse the crap WADA, et al, pull in violation of their own rules.

  6. #6
    Large Member urodacus's Avatar
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    flandis fans flapping again. get over it, he had exogenous testoserone in his system. that's it. he's out, and on his ***, and he deserved it.

    next.
    05 Giant TCR Composite; 83 Colnago Saronni: 81 San Rensho Katana Super Export track bike, #A116-56; 89 Zunow Pentaglia: SOLD; 85 Tommasini: SOLD; 83 Guerciotti: SOLD

  7. #7
    inconceivable beowolf's Avatar
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    Who honestly thinks he'll win an appeal?

  8. #8
    Senior Member jaxgtr's Avatar
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    Again, I don't know if he doped or not, but there is enough doubt out there since the lab was so incompetent.
    Brian | 2013 Cannondale SuperSix 5 | 2014 Trek CrossRip Comp | 2003 Trek 7300
    Quote Originally Posted by AEO View Post
    you should learn to embrace change, and mock it's failings every step of the way.

  9. #9
    Senior Member DLBroox's Avatar
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    Marion Jones won a lawsuit a few years back when she sued over the "wrongful" accusations about her doping. Now look...it doesn't matter if Landis does win his appeal. There will be plenty of people like me out there that think they all do it. I don't believe any of them are clean anymore, not in any sport. I was in Jones' corner even with everything stacked against her and then she does the whole crying, I'm sorry thing and that's it? Sorry. I won't invest any emotional energy in any of them anymore.

  10. #10
    Descends Like Avalanche HigherGround's Avatar
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    Quote Originally Posted by jaxgtr View Post
    Again, I don't know if he doped or not, but there is enough doubt out there since the lab was so incompetent.
    Sadly, whether or not he doped and the lab's competency can be two totally separate and independent issues.
    The rider in my avatar is David Etxebarria, not me.

  11. #11
    Senior Member jaxgtr's Avatar
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    Quote Originally Posted by HigherGround View Post
    Sadly, whether or not he doped and the lab's competency can be two totally separate and independent issues.
    Very true, however even the 2 board member that sided with the results still saw issues with the lab. Like another poster, I think a lot of athletes are doping and not getting caught, the money is too big and it makes people do stupid stuff. At the same time, something has to be done to have all the labs use a single standard and have different lab do the "B" samples on those athletes that have positive results. They also need to have penalties on the labs that leak info to the media.
    Brian | 2013 Cannondale SuperSix 5 | 2014 Trek CrossRip Comp | 2003 Trek 7300
    Quote Originally Posted by AEO View Post
    you should learn to embrace change, and mock it's failings every step of the way.

  12. #12
    Descends Like Avalanche HigherGround's Avatar
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    I agree that the system is flawed, especially in Floyd's case. I read "Positively False" and it does a good job of outlining the problems (admittedly in a one-sided fashion) with the testing in his case, and with the system in general. However, given the landslide of doping cases in recent years (Ullrich, Basso, Heras, Hamilton, Museeuw, Virenque and most of the Festina team, etc), I have become jaded enough to wonder whether he was guilty but would get off on technicalities. There's a big difference between being found innocent and being found not guilty. As someone who grew up being excited by the accomplishments of Greg LeMond, Andy Hampsten, and the 7-Eleven team, I hate the fact that I've become so cynical about the highest tier of the sport. What sucks about the Landis case is that I suspect that because of sloppy lab work, it will never be fully resolved with 100% certainty.

    And for the record, yes I realize that doping was rampant in the 80's, and also that some people will consider that Floyd's case has already been decided with 100% certainty.
    The rider in my avatar is David Etxebarria, not me.

  13. #13
    Senior Member jaxgtr's Avatar
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    Agreed.
    Brian | 2013 Cannondale SuperSix 5 | 2014 Trek CrossRip Comp | 2003 Trek 7300
    Quote Originally Posted by AEO View Post
    you should learn to embrace change, and mock it's failings every step of the way.

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