Doping case against Landis in jeopardy

[browntown653]

The doping case against Floyd Landis from last year's Tour de France may be in trouble.

The Los Angeles Times first reported Friday the French laboratory that handled the test results may have allowed improper access to Landis' urine samples, citing records that had been turned over to the cyclist's defense. A similar lapse in protocol previously has resulted in doping cases against athletes being dismissed.

According to the report, two technicians who conducted the "A" sample on Landis were involved in tests on the second "B" sample, which is used to confirm the first test. International lab standards do not allow the same technicians to work on both tests to prevent them from attempting to validate their original findings.

Landis told ESPN.com he was buoyed by the release of evidence that the same French lab technicians were involved in analysis of both his A and B sample. The apparent proceedural violation is similar to the one committed at the same lab that resulted in last year's decision by the Court of Arbitration for Sport to drop doping charges against Spanish cyclist Inigo Landaluze, who also was alleged to have used testosterone.

But Landis said he's not optimistic about being cleared to compete anytime soon.

"They [the U.S. Anti-Doping Agency] seem adamant that they have a case and they're stubborn enough to go forward with it," Landis told ESPN.com on Friday. "But at this point, the best scenario for us is that they go forward with their unfounded case and let the rest of the world see it."

Landis was accused of doping after the urine tests indicated he had an improper testosterone ratio and suggested the presence of artificial testosterone. He faces a two-year ban and being officially stripped of his Tour de France title if the results are upheld.

Landis' lawyer Maurice Suh said the revelation that the same two French lab technicians conducted the analysis of both samples is a positive development for the cyclist's case. But he stressed it is only one of many evidentiary paths the defense team is pursuing.

"We're very optimistic about the way the case is going," Suh told ESPN.com. "But this is one potential error among many errors we've pointed out. We have not elevated this among others. One of the things Floyd wants to prove is fundamental lab error, and having the same operators [of the machinery used for the tests] is only one aspect."

Suh said that while the Landaluze decision is an important precedent, he and co-counsel Howard Jacobs have no way under current USADA rules to renew a motion to dismiss the Landis case. Jacobs initially made that motion last fall, but the review board that examines such requests denied the motion.

Based on USADA's actions at a pre-arbitration hearing Thursday, Suh said, "They have every intention of pushing forward with the case. Frankly, I don't know what's driving them." The hearing was scheduled to continue Friday afternoon.

USADA legal counsel Travis Tygart could not be reached for comment early Friday. Tygart has routinely declined to comment on any issues in the ongoing case, citing the agency's rules.

The Times reported it was not clear whether the technicians, Esther Cerpolini and Cynthia Mongongu, played enough of a role in the second round of tests to disqualify the findings. Landis' attorneys are seeking to question the two technicians and have filed a request for access to more lab documents and depositions of lab employees.

Landis, who has denied using any banned substances, has said the samples were mishandled and that the results were based on flawed science.

The USADA is scheduled to hold a hearing on Landis' appeal on May 14. The French anti-doping agency postponed its decision on whether to suspend him after Landis agreed not to race in France this year.

Forgot about this whole mess...I really want to believe Landis. It seems suspicious that he kept coming up with all these crazy excuses for why the tests came up positive but something just tells me he's right. Call it a gut feeling.

[Slyder]

First thing I do if I am Landis is I hire a PR Firm for crisis management and how to handle this regardless post appeal. Cause ya the varying stories was stupid on his part.

Its the French theyve been out to get the Americans since Lance came back. They are pissed off that America kicks their butts in everything and thought they finally had their "see see we told you americans cheat".