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Peter Worthington

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If You Can't Prove Armstrong Doped, How Can You Convict Him?

Posted: 08/28/2012 12:00 pm

One can imagine the cheers from critics and skeptics that cyclist Lance Armstrong is being stripped of his seven consecutive Tour de France wins, and his 2000 Olympic Bronze Medal.

In face of the U.S. Anti-Doping Agency (USADA) erasing his name from record books, Armstrong himself has said he's no longer going to fight these guys, as he's done for years, and is simply going to get on with his life.

The almost universal reaction is that by no longer being willing to defend himself against what he calls a continuing "witch-hunt," it automatically proves his guilt. In fact it does no such thing. Nor does it make him a quitter. Perhaps it means he's had a bellyful of accusations, allegations, but little evidence of breaking the rules.

By winning every Tour de France race from 1999 to 2005, Armstrong alleges that no athlete in the world has been tested so regularly and relentlessly for banned substances -- and nothing was ever found. In most -- of those seven Tour de France triumphs -- cyclists who shared the podium with him tested positive and were subsequently banned or suspended. But not Armstrong. He passed every test.

A gaggle of cylists and others -- some of questionable character -- have testified that they knew he used banned substances. Sorry fellas -- that's not good enough. Or shouldn't be good enough to ban him. Without tangible proof, someone saying something detrimental is (or should be) insufficient to get a conviction. If someone alleges Armstrong used substance "X," and Armstrong is tested for substance "X," and no substance "X" is found, how in the name of justice can he be found guilty? It reeks of witch-hunt.

Armstrong has been out of Tour de France racing for some five years -- and has raised $500 million for cancer research. Yes, he's controversial, he has enemies in the sport, resentment from some cyclists, envy from others.

Cycling is notorious for banned substances being used. Fair enough to suspect Armstrong, and since 1999 he'd been put through the hoops time and time again. Yet, nothing. Other cyclists tested positive -- not Armstrong. Allegations now are that his own blood was collected, and saved, and transfused into him during races, which is difficult to detect. This the far end of doping, and was never authenticated.

"I played by the rules," Armstrong has repeatedly said. If he was cheating, he was never caught while others were. Again, you can bet your last euro that for the seven Tours de France that Armstrong won, every French antenna was tuned to catching him cheating.

In his biography, he makes a big deal of recovering from the testicular cancer that reached into his brain and should have killed him. It didn't. It inspired him to work harder. After recovering from supposedly lethal cancer, he said he was determined never to put anything into his bloodstream that might bring on the cancer again.

That observation made sense to me. Of course, I haven't a clue if Armstrong was, or was not, using banned substances. All I know is that it has never been proven. If you can't prove something, you can't convict him.

Apparently Armstrong's lactic acid count is such that his body has super endurance. He's not the only athlete with this trait, but he's the most famous one. One can sympathize with Armstrong's frustration of endless denying, coupled with endless witch-hunting with then USADA waging a vendetta to get him -- not unusual in the American prosecutorial system.

Although expunged from the record book, Lance Armstrong remains the greatest athlete in the history of cycling.

 
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12:24 PM on 08/29/2012
Lol!
This coming from a guy who spent his entire life convicting in print, anyone who dared to disagree with his rather weird ideas.
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mr Lyons
views of an meat-eating socialist
08:02 AM on 08/29/2012
i won't argue the merits of if he's guilty or not, although there sure seems to be a good argument on both sides. i am going to comment on LA's choice to give up the fight.
i see his point and understand completely where he's coming from, like anyone who has had to try to clear his name can attest to. there comes a point when, regardless of the circumstance, you just get tired of putting up the fight, it's draining on you emotionally and financially. and unlike a physical fight, the stress never goes away. people can say what they want, in my opinion, giving up this fight doesn't tarnish his reputation in my books.
09:53 PM on 08/28/2012
Peter, you're not reading enough background material before you pontificate.

The agency had 10-12 witnesses lined up to testify against Lance (including his best buddy) and re-done blood tests (with newer technology). Armstrong knew what they had and said, "I'm not going to participate in this." Smart move, Lance.
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Fluffyevil
11:43 PM on 08/28/2012
Here's the thing. I know what the USADA is supposed to have in the way of evidence. I DON'T know what the evidence actually is. I DO know that LA has passed hundreds of blood tests that caught so many of his cheating fellows. Until the USADA releases some details I'm forced to conclude that he's innocent because that's the only conclusion to reach. Supposition is woefully inadequate.
07:44 AM on 08/29/2012
Actually, they don't have to release the evidence - although they are going to.

If an athlete fails to appear at a WADA or USADA hearing to address charges for doping they ARE guilty - there is no supposition. You may disagree with the process but that is the process for athletes.

Passing hundreds of tests means nothing. remember Marion Jones & Tim Mongomery? Caught in the Balco investigation. Never tested positive - ever.
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TRMS
Rally round the family, pocket full of shells
04:47 PM on 08/28/2012
The USADA is hardly a reputable organization. It's not actually a government agency, but a private organization. They are trying to take away titles from Lance that he won in 1998 while the USADA didn't began operating until 2000. Furthermore, no major professional sport (NBA, NFL, MLB, NHL) subjects their athletes to oversight by the USADA. The UCI is not bound to strip Lance of his titles based on ASADA decisions either.
02:49 PM on 08/28/2012
You don't seem to understand the process at all Mr. Worthington. This is like someone pleading no contest and then complaining that they were not given an opportunity to contest the evidence against him or her.
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Parketkat
04:47 PM on 08/28/2012
drawn out over 10 years? Sorry, but he has better things to do.

in 10 years, none of you could prove Sh#t.

Now why is that?
07:16 PM on 08/28/2012
Samples are routinely held for 10 years including the olympics. It is part of his & most other sports & he is required to participate or face consequences.

As for "better things to do"..... I thought this was the invinceable LA?

As for why he didn't contest them.......Occam's Razor
02:27 PM on 08/28/2012
There was an investigation. Armstrong decided not to defend himself. One can sympathize with him, but it's not clear to me how the Anti-Doping people could react differently. If you don't defend yourself, you are pleading no contest. And no contest is equivalent to a guilty plea. You can convict somebody after a no-contest or guilty plea.
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richard in obihiro
translator
08:08 PM on 08/28/2012
What would YOU plead if you were being drawn out in court for TEN years? That sounds like double jeopardy 10 times over.
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Doogs62
To see by faith is to shut the eye of reason
08:12 PM on 08/28/2012
Really! He refuses to spend inordinate amounts of money and risk his well being to defend himself because he knows no matter if the verdict is innocent as it has been time and again, they (USADA) will not stop with the allegations. How much of your life and treasure would you be willing to spend defending yourself on a never-ending witch-hunt, one that will hound you till the grave and beyond. Even the most honourable of persons will eventually succumb to such harassment and throw in the towel. I pray you are never falsely accused of a crime by an individual/organisation that can outspend you and badger you till you take your very last breath.
02:17 PM on 08/28/2012
Interesting point and the comment about him not wanting to take drugs after he recovered from cancer makes sense. Who knows? I read somewhere he was warned before controls. How can anything be proved at this stage?
Either way, it’s sad, even sadder for him if he is innocent. One good thing comes out of this, all the money he has helped raise for cancer.
01:42 PM on 08/28/2012
Interesting article. But why include the following at the end of the piece? It seems irrelevant. Or am I missing something? "Apparently Armstrong's lactic acid count is such that his body has super endurance. He's not the only athlete with this trait, but he's the most famous one."
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Doogs62
To see by faith is to shut the eye of reason
08:15 PM on 08/28/2012
I think the author(Peter Worthington) is attempting to explain how LA could out-compete with doped cyclists.
01:07 PM on 08/28/2012
More from USADA:

Focus on the part that states: "are sufficiently robust to satisfy the requirements of due process"

"As noted above, Mr. Armstrong challenged the arbitration process in federal court. In response, the court found that " “the USADA arbitration rules, which largely follow those of the American Arbitration Association (AAA) are sufficiently robust to satisfy the requirements of due process.” "

USADA’s rules provide that where an athlete or other person is sanctioned because they fail to contest USADA’s charges in arbitration, the sanction shall not be reopened or subject to appeal unless the athlete or other person can demonstrate that he did not receive actual or constructive notice of the opportunity to contest the sanction. Because Mr. Armstrong could have had a hearing before neutral arbitrators to contest USADA’s evidence and sanction and he voluntarily chose not to do so, USADA’s sanction is final."
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Atim-moot Tugayak
Sun News is Dark and Hateful.
01:42 PM on 08/28/2012
nuetral.....lmfao
01:54 PM on 08/28/2012
Spelling...... laughing even harder!
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calisel99
life began wit the first self replicating molecule
01:07 AM on 08/29/2012
what are you a parrot...even the judge was suspicious of usada motives for such excessive prosecution
07:38 AM on 08/29/2012
Irrespective of the motives, here's what judge wrote:

“Alternatively, even if the court has jurisdiction over Armstrong’s remaining claims, the court finds they are best resolved through the well-established system of international arbitration, by those with expertise in the field, rather than by the unilateral edict of a single nation’s courts.”

“This court declines to assume either the pool of potential arbitrators, or the ultimate arbitral panel itself, will be unwilling or unable to render a conscientious decision based on the evidence before it. Further, Armstrong has ample appellate avenues open to him.”

So even if the USADA is biased or has a vendetta - which I am not sure they do - Armstrong would get a fair hearing & due process.

The question is whether he is guilty not whether it is beyond the USADA's jurisdiction.

Personally, I am glad they (& others) go after dopers like LA. The game is to not get caught before you get millions, then claim ignorance, or a false test or some other nonsense excuse or....

Like LA just walk away when one knows that one cannot win based on the evidence the finally have & one might lose all one's endorsements or more importantly..... image.
01:07 PM on 08/28/2012
You're killing me Peter.... let's dissect a few part of your article:

1. The title: "If You Can't Prove Armstrong Doped, How Can You Convict Him?" The way you prove he doped is to have arbitration to weight the evidence -- the eyewitness testimony, the blood/urine test results, incriminating emails, incriminating wire transfers, secretly recorded discussions, etc. Without attending the arbitration, the public may never know the evidence USADA collected.

2. "Without tangible proof, someone saying something detrimental is (or should be) insufficient to get a conviction" Marion Jones was convicted without ever failing a test, i.e., doping control logs, eyewitness testimony of Victor Conte and others. Especially compelling in Lance's case is that some of the eyewitnesses were his best friends, people who he had absolutely no beef with (Hincapie, Zabriskie, Vande Velde, Leipheimer). Looks bad when your best friends are gonna testify against you.

3. "He passed every test". Lots of cyclists who never tested positive later came forward and admitted it, i.e., Bjarin Riis and Frankie Andreu and Jonathan Vaughters and lots of others. And many riders caught for the first time have openly discussed how they cheated for years without being caught. Not rocket science, just need a good doping doctor and plenty of $$$. Also, Armstrong's testing record is less than stellar, i.e., 1993-1995 tests for high T/E, 1999 TdF tests for EPO and corticosteroids, 2009/2010 tests for blood manipulation.
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03:26 PM on 08/28/2012
+1, Peter how did you get away with writing an editorial of Lance Armstrong without knowing any of the doping history, try reading some cycling websites instead of espn (which knows NOTHING about cycling), that is like getting your hockey news from sports writers out of brazil.
Blood is kept for 8 years for testing because sometimes the science of cheating is years ahead of the science of detecting it, simply because of the huge amounts of money involved with winning.
Also Livestrong is not really about funding cancer research, http://www.outsideonline.com/outdoor-adventure/athletes/lance-armstrong/Its-Not-About-the-Lab-Rats.html?page=1
Lance has a VERY GOOD pr team that you seem to have boughten into hook line and sinker.
03:48 AM on 08/29/2012
Which websites do you suggest reading?
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01:06 PM on 08/28/2012
We convict people of crimes based on eyewitness testimony alone all the time. Indeed, in court it is considered (rightly or wrongly) one of the strongest types of evidence that we have.
10:59 AM on 09/02/2012
And yet when a witness says one thing, and the scientific evidence clearly contradicts it, why should the witness be believed?

If this were a murder trail, and a witness fingered the defendant, but all the forensic evidence (DNA, blood, semen, fingerprints) pointed elsewhere, which is more credible? DNA evidence that points to someone else would be considered exculpatory evidence, and exculpatory scientific evidence (unlike, say, the best friend who provides an alibi) is something you take at face value, not try to explain away.

More importantly, every other athlete exposed to the tests Armstong took were caught at the time. How does one explain that Armstong wasn't? Every witness against Armstrong has himself been caught doping. That evidence alone reduces their credibility to that of a jailhouse snitch who says he heard the defendant confess, in order to curry favor with the guards.
01:04 PM on 08/28/2012
"...In fact it does no such thing. "

You don't know much about US & world anti-doping laws do you? Perhaps before making such comments, you did a little research on the USADA or WADA sites. I refer you to the USADA preass release which alos would have been good place for you to start...

"Following the dismissal of Mr. Armstrong’s lawsuit on Monday, August 20, 2012, by the federal court in Austin, Texas, Mr. Armstrong had until midnight on Thursday, August 23, to contest the evidence against him in a full evidentiary hearing with neutral arbitrators as provided by U.S. law. However, when given the opportunity to challenge the evidence against him, and with full knowledge of the consequences, Mr. Armstrong chose not to contest the fact that he engaged in doping violations from at least August 1, 1998 and participated in a conspiracy to cover up his actions. As a result of Mr. Armstrong’s decision, USADA is required under the applicable rules, including the World Anti-Doping Code under which he is accountable, to disqualify his competitive results and suspend him from all future competition."
05:50 PM on 08/28/2012
Not a cycling fan, but... if you fight us in court and lose, you are guilty. If you do not fight us in court, you are guilty. If you fight us in court and win ...what? We continue to hound you and vilify you? The system seems to be stacked against the athletes.
06:47 PM on 08/28/2012
You are confusing US court & the USADA which is the anti-doping agency for athletes including cyclists.

Athletes are bound by the doping laws & rightly so given the financial benefit they gain from winning & risks inherent with doping substances.

LA filed a lawsuit in US Federal court to stop the USADA. He lost. The Federal court found the USADA process fair, stating "are sufficiently robust to satisfy the requirements of due process" HE decided that he would not contest the charges against him by the USADA.

Under the WADA/USADA rules for athletes, by failing to contest the evidence, he received their ban.

As for the system being stacked against the althletes - hardly. WADA & USADA are fighting an uphill battle against chemists, scientists & trainers. Ones who gain tremendous financial gain from cheating.

Athletes SHOULD be accountable for testing & doping allegations. In order to protect the health of athletes of all ages & classifications.

Not sure why some people see LA as the victim here. With the amount of doping that is rampant with cycling it is even more ludicrous to suggest that he won all of those races WITHOUT cheating against so many who were.

Also, for those that think LA donated hundreds of millions of dollars to cancer research, should google that. You'd be surpised how little was ever donated since 2005 & has stopped funding ANY research.

What athlete, especially one that is so committed to fighting challenges, gives up like that?

Answer:
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richard in obihiro
translator
08:14 PM on 08/28/2012
I guess there is no such thing as double jeopardy in that type of "court."