Tuesday, April 24, 2007

I'm paying for this?!?!

I've been trying to follow the Floyd Landis saga, and I must admit that trying to understand the finer points of the science behind it all is very very bewildering, but it doesn't stop me from staying up to date with it all.

Now, for anyone that has been reading my blog knows, I have not made it a secret that I am on Floyd's side on this, and have been from the day the news broke. My gut leads me on this more than what I read on the science of the case. The flaws/inconsistencies in the science, as laid out by Floyd's defense team, just reaffirms my stance.
For every person like myself, who believes in Floyd, there is someone who believes he doped and is gonna get what he deserves.

Something that I think everyone should be outraged over, is the way USADA is prosecuting this case. Whether you think he doped or not, you should be expecting that he get a fair shake at presenting his case.
Unfortunately, he is not. USADA stacks the deck against the athlete before the process even starts. Once you get away from pro basketball, football, baseball, hockey, etc, most pro athletes (no matter the sport) do not compete for the money, they do it for the love of their chosen sport. Cycling is definitely on the low end (on the whole) of the pay scale for pro sports. I know for a fact that in pro mtn biking, most pros have a "day job". Floyd is pretty high profile, and has/had deeper pockets than your average pro cyclist, and if he's having trouble paying for his defense, then that doesn't bode well for your average pro athlete. Because the bulk of USADA's funds go directly to the adjudication process, that means they bring the same resources to a case, whether it is a TdF winner, or a mid pack pro mtn bike racer.That means that most athletes end up bringing a knife (unlike the judicial system, the USADA does not offer counsel for the athlete-it's up to the athlete) to USADA's gunfight.

On top of the guns they bring to the fight, USADA is trying to win this case hook or crook...which absolutely turns my stomach. Denying documents Floyd's team needs for his defense, breaking their own rules, Making demands of Floyd that have no direct bearing on his case except to tie up time and precious funds and infringe on the rights and privacy of Floyd and others, all in an effort to strong arm him into submission.

A good chunk of USADA's funds come from taxpayers. I'm not one to say that the United States does it better than anyone else, but I will say this, when some governing/authoritative agency has "United States" in it's name, by God, as an American citizen I expect the highest standards from that agency.

Our judicial system is by no means perfect, but it at least does its best to be fair, and offer everyone involved to prove their case...getting their day in court. It's all about due process. Both counsels agree on jury members. Jury members can be sequestered so they they are not swayed by outside influences/sources. If it helps their case both sides can call whomever they want as witnesses, but at the same time surprise witnesses are not allowed. What happens if the prosecution does not provide the defense with EVERY piece of evidence they intend to use against the defendant? Without "full disclosure" a case would get dismissed or thrown out. USADA has decided to pick and choose which documents it has sent to Landis. What do you think would happen if an observer for a defendant was locked out of a discovery process or not privy to discussions between the prosecution and interested parties? Would that fly in a court of law? It's happened in Floyd's case.

I hate to keep coming back to our judicial system, but in a court of law, it's about discovering the truth, not winning at all costs. Would it not be in everyone's interest if USADA provided all requested documents, allowed full access to the accused, and allowed for a totally fair and balanced process? Because turning it into a search for the truth would ultimately benefit the whole anti doping movement. If it's discovered that current testing protocols and rules are flawed, then it offers a chance to make the necessary changes and updates so that the system works like it should...catching the cheaters, not taking down the innocent, but at the same time allowing both innocent and guilty to "have their day in court".

Whether you believe Floyd doped or not, you should be outraged at USADA's tactics. If you are choosing to ignore what USADA is doing just because you think Floyd is guilty, then you are missing the big picture. What if it was you? What if Floyd is telling the truth and his team is is right about the flawed testing?If Floyd's case clouds your judgment on all this, then allow me to direct you to the case of Jason Sager. That should show you that the system is messed up.

I'm gonna do my part in demanding change in the USADA's modus operandi, especially since I'm paying for it! I recommend that everyone contact your congressman about too.

BTW, if you've been having trouble understanding the finer points of the case against Floyd, I highly recommend you pick up the June issue of Bicycling magazine. For once they put together a great article. Their "you be the arbitrator" nicely lays out the scientific technobabble quite succinctly.

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