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You have to have more than just ex-teamates saying they saw or they did dope with him....That wouldn't float in any court of law....
"So there is no doubt in my mind he (Lance Armstrong) took EPO during the '99 Tour."
Dr. Michael Ashenden began his career as an exercise physiologist with the Australian Institute of Sport. After assisting in the development of an EPO test for the Sydney Olympic Games, he left the AIS to focus on battling blood doping. In 2005, Dr. Ashenden was among of group of scientists who questioned the validity of a physiological study on Lance Armstrong, a dispute that led him to serve as an expert witness in an arbitration case involving Armstrong and a bonus payment for winning the Tour. Dr. Ashenden kindly agreed to speak with us and shed some new light on that controversy. He also helped us analyze the 6 positives from Armstrong's '99 Tour samples with a level of detail never before made public.
"The modern applications [of drug use in sports] began in the late nineteenth century, with preparations made from the coca leaf -- the source of cocaine and related alkaloids. Vin Mariani, a widely used mixture of coca leaf extract and wine, was even called 'the wine for athletes.' It was used by French cyclists and... by a champion lacrosse team. Coca and cocaine were popular because they staved off the sense of fatigue and hunger brought on by prolonged exertion."
It'd float. 10+ eye witnesses testifying that they saw him juice is strong. Only way it fails is if all of the 10+ witnesses aren't credible in the eyes of the court/jury/arbitrator. It's hearsay that wouldn't float and maybe that's what you're thinking of, but that doesn't apply here.
Roger Clemens had the guy injecting him with steroids testify against him in court, and Clemens was acquitted. The Department of Justice dropped its case against Armstrong after two years because they had insufficient evidence to charge, yet something called the USADA has better resources and better evidence than the Department of Justice? Without being able to depose the "10 witnesses", or even cross-examine them, it makes for a kangaroo court, and not a true judicial process. The DoJ had access to the same witnesses, and decided that their testimony alone wasn't sufficient to charge Armstrong.
Please...
With Clemens it was one eye witness and he lacked credibility, so that's a bad example.
Can't say I've followed it closely, but do we know much about the DOJ decision? Shooting from the hip, I can imagine all sorts of reasons the DOJ didn't proceed...statute of limitations, doping occurred out of jurisdiction, etc. that would limit DOJ, but that would not apply to USADA. None of these would relate to the evidentiary weight of the witnesses testimony. Again, if the case is as strong as you seem to think, then why didn't Armstrong go foward with the process? But of course, it's much more fun to make it seem black and white and I'm sure you'll stick to that perspective. As grueling as the tour is, I have a hard time believing that Armstrong just tired out and gave up. You'd think it'd be part of his nature to just keep fighting, no matter how painful the process.
Did you miss the part about the Arbritration process being rigged?
In criminal court, even the accused that are guilty have a fighting chance of beating the charges.
In the USADA abritration there are several stories out about innocent athletes who were found "guilty", and something like 68 out of 70 cases were won by the USADA. It is nearly immpossible to win in that forum.
And yet, despite those facts, you continue to presume that Lance Armstrong is somehow suspect in his decision to not fight on through a rigged process.
Both Lance and his attorney said it was OVER once they lost their court battle to squash the USADA arbritration process. The recent decision to not fight on was anticlimatic.
Your understanding about criminal courts isn't necessarily accurate...I have friends that have worked in various prosecutor positions and they generally don't prosecute unless they think they'll win.
DOJ is subject to statute of limitations, USADA not. DOJ needs jurisdiction, USADA has it. DOJ is criminal court (high bar for prosecution/beyond reasonable doubt), USADA has lower bar (no idea what it is, but it's not that high.)
Get off that DOJ pony, it's tired.
Yeah, due process and the ability to defend oneself is a tired idea.
well, the Federal Judge who heard Armstrong's case, more or less agreed that, yes, it is rigged and said that if the USADA wanted to "save" sports by destroying sports, there wasn't anything he could do about it.I have no idea if it's rigged, but Armstrong would have good reason for people to believe that it is.
You are forgetting one factor, the "win" rate of local prosecutors against well funded, well supported defendants is MUCH lower than those headline election friendly rates which are jammed packed with defendants who have no means or ability to put on a quality defense.Your understanding about criminal courts isn't necessarily accurate...I have friends that have worked in various prosecutor positions and they generally don't prosecute unless they think they'll win. Their "won/loss" record is crazy high because of that...and it's not an indication that the process is rigged...they have a ton of cases and they focus on the ones in which they have strong evidence. I would think USADA would take a similar approach, so those numbers aren't necessarily a bad/unfair as they may seem.
Yes, but if you don't bother to construct a system where truth is the highest priority, you are unlikely to get it right by design.As far as innocent athletes being found guilty, that is a bad fact of any judicial system. Genetic evidence has freed a lot of innocent people that were convicted and jailed. Horrible stuff, but there is no full proof way of getting it right 100% of the time.
I am sorry, but this is just ridiculous.Personally, if I were innocent and I had the means to fight it, I think I would fight any process no matter how low my chances of success. If I'm being unjustly accused, I'm ready to fight it. The only factor possibly against it is if I thought my wife and kids would be negatively impacted, but otherwise it'd be game on.
Really, it comes down to one of two possibilities:
#1. Armstrong is innocent, but he thinks the process is rigged, a positive outcome is unlikely, so why bother fighting it?
#2. Armstrong is not innocent and he knows that 10+ guys that he rode with and doped with will be testifying publicly against him. Maybe some of those guys (Floyd, possibly Tyler) he could discredit, but then there'd be guys like Hincapie that would be difficult to discredit (I have no idea who the 10+ are...just throwing out guesses.) He very likely would lose and a lot of bad, very specific facts are made public in the process. So better not to get dragged through the mud in a public way, opt out of the process and claim it was rigged to begin with.
I have a hard time believing an innocent guy who fought through 7 tour wins and fought through cancer would fold like that...I don't think I would. So, personally, I think #1 is unlikely. #2 seems more likely. That said, none of us knows the truth, none of us were there to see him dope/not dope. I said it early on, I really, really, really wish that he didn't dope. Taking in all the facts, my gut feeling is that he did.
He didn't even get there -- he opted out of the process before he could even be wronged. He chose not to defend.
As an aside, the way sports organizations/leagues regulate their players is pretty draconian. Was Goodell's process fair/right in dealing with the Saints players? Fines and penalties in the NBA and NCAA (see Penn State) can also be pretty random/lacking in fair process. I actually agree that there is a lot not to like about USADA.
So back on point, I don't believe a fighter like Armstrong would run from a fight, even a bully like USADA, if he is innocent. He would tackle it like he tackled the tours and tackled cancer.
What the DOJ needs to prove a crime and what the USADA needs to prove to strip titles are two completely different things.
Yeah. One requires actual proof, and the other relies on the words of disgraced (and jealous?) competitors.
Yeah. One requires actual proof, and the other relies on the words of disgraced (and jealous?) competitors.
Interesting post Masbee...I won't respond to all because we're both two danged wordy lol
- Leagues/organizing bodies like this have crazy power, their process can be haphazard and there is a lot not to like (just mentioned this in another post.) I'm not defending USADA itself of what it's done in the past. Just saying that there are plenty of other examples where leagues/sports organizations have exerted power in ways that are unlikeable, but the courts and society have let them regulate themselves. Again, I'm not saying it's the way it should be, just the way it is.
- If he's innocent and fights the process, there's at least a chance he can sway (a) courts that he has been wrongly harmed and/or (b) the court of public opinion, either of which could potentially change that bad process. I'm all for good process that protects the innocent and maybe that would've resulted if he'd fought. I'll be surprised if USADA changes much at this point.
- I'm level headed and not being over emotional. If I have the means to clear my name and my life's work, I'd take it on. I wouldn't leave me and my family bankrupt to do it, but otherwise, I would. It's not a gun that was pointed at Armstrong and he had time to think it all through. Unless he's guilty, he didn't KNOW that he'd lose. If he's innoncent, he'd be predisposed to think he could beat the odds. I'd be thinking that nothing would change if I opted out and that I had a responsibility to myself, my family, donators to my foundation, and my sport to try and make that change happen.
You keep repeating the same thing:
If I was innocent I would fight to the bitter end to "prove" my innocence.
But, you keep ignoring, if there was no chance you could succeed in proving your innocence you are just twisting at windmills and are a fool.
And you mentioned Lance proving his innocence in "court". USADA does not have court. And there is no appeal to a higher court. And the USADA before the hearing started declared that Lance was Guilty. The verdict is preordained. Get it?
Masbee;2854136 And the USADA before the hearing started declared that Lance was Guilty. The verdict is preordained. Get it?[/QUOTE said:I don't buy that. I think that is what people who have had unfavorable rulings or people who don't challenge the system want others to believe.
Just for the sake of his life motto, one would not expect him to give up, no matter what the odds. And if he really was innocent, I think those odds are a lot higher than the people from the Armstrong camp are making it out to be.
All testimony was bought with immunity (6 month suspension from the sport) for those who said what USADA wanted them to say. All who testified were already admitted liars and carry the same credibility as any jailhouse snitch.
The USADA went after Armstrong only after the Federal government dropped it's extensive investigation of him due to finding no credible evidence at all.
Whether he did or did not dope, only a coward would have anything to do with the USADA.
everyone is a parody of themselves when you peel off the first layer of skin, and let the demons out
Bullshit! I keep my demons out in the open for everyone to see.
well, some people have thin skin
I hate when you can see veins on a woman's boobs.
