February 4, 2012

Cyclist Tammy Thomas Awaits Jury Verdict

The jury in cyclist Tammy Thomas’ doping perjury trial did not reach a verdict after the first day of deliberations (“Thomas jury deliberations to continue,” April 3).

Thomas, whose case is the first to go to trial in the five-and-a-half-year Balco investigation, was charged with making false statements to a grand jury in 2003 about substances she is suspected of receiving from Arnold. For the jury to convict Thomas, it must conclude that her statements were false and that they were material to the government’s investigation.

I am certain that Tammy Thomas is anxiously awaiting the verdict. Not only is her freedom in jeopardy but also a future career as an attorney. She has been silent about the case and has not spoken to the media; however, she has been very outspoken in her fashion statements outside the courtroom where she was photographed wearing a San Francisco Giants baseball cap, no doubt in support of other athletes who have been targeted for perjury by this federal investigation. [Read more...]

Cyclist Tammy Thomas Will Likely Be Acquitted

After corresponding with sources involved in the Tammy Thomas doping trial and reading reports from the trial, I am convinced that the likelihood of an acquittal is very high. The government’s case against cyclist Tammy Thomas for perjury is surprisingly weak. The government’s case is largely based on the assertion that Tammy Thomas ingested “anabolic steroids” and/or “controlled substances” and/or “banned substances” obtained from chemist Patrick Arnold and she lied about it.

The inconvenient fact is that tetrahydrogestrinone (THG) and norbolethone were NOT legally classified as “anabolic steroids” until the Anabolic Steroid Control Act of 2004 was passed; Norbolethone and THG were two of the 26 compounds added to the Controlled Substances Act with this legislation. Consequently, THG and norbolethone were NOT controlled substances until the passage of the legislation. Furthermore, THG and norbolethone were not on the WADA/IOC banned substances list at the time. [Read more...]

Floyd Landis and Court of Arbitration for Sport

The Floyd Landis hearing before the Court of Arbitration for Sport (CAS) began today in Manhattan; for an excellent overview as usual see TBV. The five day appeal hearing is the last remedy in the appeal process for Floyd’s doping case involving positive testosterone test (“Landis, Stripped of Tour Title, Begins Final Appeal,” March 19).

Landis, 32, has spent millions of dollars on a defense that tried to cast doubt on the scientific validity of doping tests and the procedures followed at antidoping labs. But last September, in a 2-to-1 ruling, a United States Anti-Doping Agency arbitration panel concluded that Landis had used synthetic testosterone to achieve his comeback win at the 2006 Tour. As a result, he was barred from racing until January 2009….

In its 84-page ruling last year, the United States Anti-Doping Agency panel accepted Landis’s argument that the French antidoping lab that tested his urine samples from the Tour was sloppy in some of its operating procedures, and in how it documented its work. But the panel also found that a more sophisticated second test, conducted after the initial screening proved positive, was accurate.

But make no mistake about it, this isn’t just about Floyd Landis. It is also about the World Anti-Doping Agency (WADA), the anti-doping organization and program that is held as the model for drug testing around the world.

Federal Government's Role in Enforcing Rules in Sporting Events

The press appears to be upset with Floyd Landis for defending himself and forcing USADA to waste taxpayer funds (“Landis Case Costs US Taxpayers,” March 15).

The 2006 Tour de France winner, who was stripped of his victory last year, seeks to have his title restored by the Court of Arbitration for Sport. It’s the final step in a series of appeals that have cost upward of $2 million, a good portion of which has been paid for with federal funds…

But it will still be costly, and a good chunk of the cost will be footed by USADA, which gets about 70 percent of its $12 million annual budget from the federal government, and the rest from the U.S. Olympic Committee.

Some newspapers, like the Akron Beacon Journal, have redistributed the aforementioned Associated Press news article only to change the title and imply that U.S. taxpayers are also paying for Floyd Landis’ defense [Read more...]

Lawsuit Accuses United States Anti-Doping Association of Cheating

Lawyers Maurice Suh and Howard Jacobs have filed a lawsuit against the U.S. Anti-Doping Association (USADA) on behalf of an anonymous professional cyclist that has been identified as Rock Racing’s Kayle Leogrande. The organization in charge of catching “cheaters” in sports has been accused of “cheating.” [Read more...]

Do Athletes Implicated in Doping Scandals Deserve a Second Chance?

Many sponsors have pulled out of the sport of professional cycling which has been plagued by numerous steroid and doping scandals e.g. Phonak, iShares and T-Mobile. But the doping scandals have not deterred new sponsors from making large financial investments in cycling. Michael Ball, cycling enthusiast, head fashion designer and CEO of Rock and Republic has committed to a 5-year sponsorship of Rock Racing, a national professional cycling team; the team is also supported by Cadillac, Scott USA and Shimano. (HED withdrew because of doping controversy.) [Read more...]

German Journalists and Doping Scandals

The Steroid Nation blog has some very insightful commentary by Jürgen Kalwa, a journalist for the German national newspaper Frankfurter Allgemeine Zeitung, on the recent Humanplasma Lab doping scandal. It seemed to me that the recent German reporting, lawsuits, apologies, and financial conflicts of interest were problematic for arriving at the truth in the Humanplasma Lab case. Kalwa discusses Germany’s unique relationship with doping and the threats to independent journalism when it comes to covering doping scandals. [Read more...]