Is Positively False obsolete? No. The curtailment of athletes rights has expanded not contracted since 2006. The alphabet agencies responsible for doping arbitration have systematically undermined the WADA code by exploiting loopholes and by writing decisions that do not require independent oversight. USADA has eliminated the statutes of limitations, there is no penalty in doping arbitration for inaction, in fact, inaction is rewarded with increased sanctions against athletes sans due process protections. Floyd Landis should be lauded for attempting to raise awareness into the unfair nature of doping arbitration and the arbitrary application of rules, but raising awareness is one thing, reform of the process quite another. One must agree with Floyd Landis when he declared arbitration of the allegations raised against him a waste of time and money. But one must wonder why a man would become so obsessed with his own personal crusade against the anti-doping agencies, a hopeless fight that ended in his own personal devastation and financial ruin. The answer may surprise you.
Background: A Poor Mennonite Kid Wanting To Do Good.
Floyd Landis came from a poor Mennonite family, "we never had any money." Mennonites believe in "strict interpretation of the Bible and non-participation in modern society." Floyd wanted to upgrade his cheap Huffy bicycle to a three hundred dollar mountain bike, but his father told him that if he wanted a new bike that he would have to pay for it. Floyd put down a deposit for the mountain bike at Green Mountain Cycles, in Farmersville, Pennsylvania, and became life long friends with Mike Farrington. Mr. Farrington would sponsor a local mountain bike team Floyd Landis rode for. I am convinced after Floyd Landis won the USA national juniors mountain bike title, and then competed in the juniors world championships, his desire to become a world-class cyclist and eventual Tour de France winner did conflict with his Mennonite upbringing and did cause Floyd Landis some personal angst. But I would not argue Lance Armstrong became a surrogate father figure for Floyd Landis, as was insinuated by Martin Dugard.
Scrappy: Gaining Attention
Floyd Landis had to become known on the road circuit. He entered road races and attacked right from the start. One day Floyd Landis told David Clinger and Scott Moninger of Team Mercury to pull and do some work when they were in a breakaway. David Clinger tried to offer a deal: we will help you work if you will let one of our riders win the stage. Floyd Landis refused the offer, he continued to pull with Clinger and Moninger drafting in his wake, but as Landis would report, "I took second anyway." John Wordin was impressed, "we don't sell races," and he offered Floyd Landis a contract: five hundred dollars a month. As Floyd Landis expressed it:
"I was a pro racer. My job was to attack and break apart the field in the last few miles of a race to pave the way for our top sprinter, Gord Fraser, to win stages."
Pure Gold: A Contract with the U.S. Postal Service Professional Cycling Team
Team Mercury soon ran into financial difficulties, John Wordin could no longer pay the rider salaries. Floyd Landis sent a letter of protest to Hein Verbruggen, president of the UCI demanding that the riders be paid out of a bank guarantee that all professional cycling clubs are required to deposit with the UCI in order to be granted a license. Hein Verbruggen complained he considered the Floyd Landis letter an act of intimidation, "that may work in America, but won't work with the UCI, and certainly not with me." Fortunately, Bob Stapleton of Tailwind Sport was aware of the situation and offered Floyd Landis a contract to ride for the best professional cycling team in the world: the United States Postal Service Professional Cycling Team, and for the greatest Tour de France champion of all time; Lance Armstrong.
Note: Floyd Landis also complained the UCI was not doing enough to recover his salary from Team Mercury to the press during the Tour de France. These statements apparently violated a gag order the UCI had imposed on the riders, UCI arbitration between riders and teams over financial disputes was not to be commented upon to the press. Lance Armstrong and Bob Stapleton insisted Floyd Landis apologize to Hein Verbruggen for his statements, and Floyd Landis did apologize to Hein Verbruggen. In a larger context, in Positively False, Floyd Landis attempts to establish the fact the UCI had an ax to grind over this dispute, and later when Pat McQuaid leaked the Floyd Landis synthetic testosterone positive result to L'Equipe and the New York Times before Floyd Landis had received his Lab Document Package, that the UCI was exacting revenge.
Cappuccinos: Making the Grade: Floyd Landis is Selected to Ride in the Tour de France!
One fine day in Girona, Spain, with nothing better to do, Floyd Landis and David Zabriskie went to a roadside cafe and ordered a cappuccino. Then they ordered another, then another, engaging all the while in cracking jokes with increasing hilarity. The grand total was thirteen cappuccinos ordered and consumed in one sitting. The cappuccino prank became legendary on the U.S. Postal squad, but, Lance Armstrong was not amused. Lance Armstrong decided Floyd Landis was an unfocused rider lacking discipline. Lance Armstrong decided Floyd Landis needed some personal training mono a mono to sharpen his focus and cycling skills. Floyd Landis was up to the challenge, in spite of the warnings by his teammate's riders were broken with these personal training sessions. At the end of a grueling, exhausting marathon of col climbs, Lance Armstrong decided Floyd Landis had enough stamina to ride as a teammate in the crown jewel: the Tour de France! The dream was real, Floyd Landis was now a U.S. Postal Service super domestique. Winning the Tour de France with Lance Armstrong meant earning real wages.
2004 Tour de France: Stage 17: Col de la Croix-Fry: Turning Point
Floyd Landis status as super domestique ended in incredible fashion on the Col de la Croix-Fry during Stage 17 of the 2004 Tour de France. Floyd Landis had set an incredible pace throughout the stage and there was a possibility that if he attacked the last descent he could win the stage. Here is a conversation Lance Armstrong and Floyd Landis had previous to the descent:
Lance Armstrong: "How fast can you ride downhill?"
Floyd Landis: "Real fast!"
Lance Armstrong: "Okay. Ride like you stole something."
But the ploy failed when Jan Ullrich bridged the gap to Floyd Landis who attacked the group. Jan Ullrich was angry over the Posties refusal to work with Jan Ullrich to attack Ivan Basso. Poor Floyd Landis had to "sit up" to protect Lance Armstrong who had been dropped. Lance Armstrong, who was furious over the fact Jan Ullrich had denied Floyd Landis a stage win after his huge pace-setting effort, won the stage in an incredible last moment surge after Andreas Kloden attacked the group in the final kilometer. Nevertheless, people suddenly realized Floyd Landis had potential as a team leader and might succeed as a favorite to win the Tour de France himself.
The Floyd Landis contract with U.S. Postal Service was expiring, but there was an undercurrent of friction brewing between Floyd Landis, Bob Stapleton, and Johan Bruyneel over training equipment.* Floyd Landis had complained about the exception of Lance Armstrong, the team was training on outdated junk bicycles. Floyd Landis thought he could improve his time trial skills if he was allowed to train on a new time trial bike. But Johan Bruyneel told Floyd Landis if he gave Floyd Landis a new time trial bike he would have to give everybody on the team one. Floyd Landis was also unhappy when he compared his salary to other riders on the team. Floyd Landis thought he was underpaid and unappreciated at U.S. Postal; so he began to make contacts with Andy Rihs owner of Team Phonak to see if he could negotiate a better deal. Andy Rihs offered Floyd Landis a contract considerably larger than the contract being offered by Bob Stapleton and Tailwind Sport, to work as a super domestique for Tyler Hamilton.
Phonak Blood Doping and Positive Tests: The Fall of Tyler Hamilton
Suddenly Team Phonak had no leader. Tyler Hamilton tested positive for using a heterologous blood transfusion at the 2004 Tour of Spain along with teammate Santiago Perez. Team Phonak was under scrutiny by the UCI and it was uncertain whether Phonak would be allowed to participate in the 2005 Tour de France. Floyd Landis describes the situation:
Phonak had no lead rider anymore and was in disarray. Because of all the doping infractions, the UCI refused to give Phonak a license to be in the big leagues, the Pro Tour for 2005. With no license, Phonak would need a special invitation to be included in the Tour de France as one of the two wild-card teams selected each year, which didn't seem likely after all the doping scandals.Floyd Landis faced a dilemma, stay at U.S. Postal Service and endure a bad situation or move on to Phonak and miss the 2005 Tour de France. This choice was important because Floyd Landis was facing a medical calamity and he was racing on borrowed time. Floyd Landis could ill afford to miss the 2005 Tour de France because there was a high probability he would not be medically fit to compete in future races. Floyd Landis was suffering from severe avascular necrosis in a hip caused by a training ride accident.
All Systems Go: Team Phonak
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| Floyd Landis (Ouch). 2009 Tour of Utah Prologue Time Trial. Photo: velovortmax |
Good Fortune Smiles on Phonak
Andy Rihs wanted the UCI to re-issue Phonak the Pro Tour license rescinded due to blood doping violations. Restructuring the team, Phonak hired former Amaury Sport Organisation (ASO) public relations director John Lelangue as directeur sportif. Phonak also required riders to sign on to a "no tolerance of doping" team code of ethics. Phonak also initiated an internal team anti-doping program, run by Dr. Denise Demir, who measured riders blood values in the field with a portable centrifuge, and who examined blood samples with a blood diagnostic unit purchased by the team. Convinced Phonak had reformed, the UCI re-instated Phonak's Pro Tour license.
In retrospect, one wonders what team Phonak was really doing with all of this blood diagnostic equipment; employing medical schemes that would keep the riders hematocrit as close as possible to the UCI legal limit of fifty percent without going over the limit? After all, Floyd Landis admitted he used two autologous blood transfusions during the 2006 Tour de France.** And there is other evidence of Phonak malfeasance when the list of suspected cyclists connected with Operation Puerto was released. Floyd Landis explains the situation:
Two of those named on the list of riders suspected to be involved with Fuentes were my teammates and had been part of Phonak's 2005 Tour de France team: Santiago Botero and Jose Enrique Gutierrez. Botero was a strong climber, and Gutierrez was one of the best all-around riders and climbers we had, he had just finished second place in the Tour of Italy, behind Ivan Basso, the week before the scandal erupted.
Good Fortune Smiles on Floyd Landis: The 2006 Tour de France
First Lance Armstrong retired. Then Operation Puerto would be of great benefit to Floyd Landis and would greatly increase his chances for success in the 2006 Tour de France. But under a most bizarre set of circumstances, this would be the case. At the last moment and in the most dramatic fashion:
Every single rider who finished in the top five behind Lance Armstrong in the 2005 Tour: Ivan Basso, Jan Ullrich, Francisco Mancebo, and Alexandre Vinokourov [were booted from the race.]Ironically, all of these riders had already completed their pre-race physicals, and in the case of Alexandre Vinokourov, although he had done nothing wrong, so many of his teammates were implicated in the scandal, Astana was disqualified because there were not enough riders left to field a legal team. Under a bizarre ruling, it was determined the remaining teams could not replace riders who were disqualified. Thirteen riders were banned. One hundred and seventy-six riders started the race.
Also, prior to the 2006 Tour de France, tired of suffering from intolerable pain from his damaged hip, Floyd Landis accepts cortisone treatments, he informs his team of this development and submits a therapeutic use exemption medical explanation to the UCI. Also, during the 2006 Tour de France, Floyd Landis receives one cortisone shot immediately before the race and one shot during the race.
On the second rest day of the 2006 Tour de France, Floyd Landis announces at the conclusion of the race, he will seek a hip replacement.
2006 Tour de France Stage 16: La Toussuire: Bonk!
Floyd Landis, wearing the yellow jersey, unexpectedly bonks on La Toussuire! Axel Merckx in a courageous act of selflessness paces Floyd Landis to the finish. Floyd Landis loses over ten minutes to stage winner Michael Rasmussen (Rabobank). Landis drops in the general classification from first to eleventh place. Oscar Pereiro reclaims the maillot jaune and leads Floyd Landis by eight minutes, eight seconds.
In a curious aside one must ask the question: Why did Denise Demur give Floyd Landis Jack Daniels whiskey? Is not Jack Daniels whiskey distilled from corn? Does not corn generate carbon 13 testosterone? Would not a hepatic enzyme that metabolizes carbon 13 testosterone be considered a proof of synthetic testosterone metabolism induced by artificial means and not by diet? Would it not be ironic if the single metabolite above the threshold was a result of the metabolism of corn-based ethanol?
2006 Tour de France Stage 17: Le Bourg- d'Oisans to La Toussuire: Attack!
Unforgettable. The greatest single feat of cycling I have ever witnessed. Talk about an adrenaline rush! Every second after Floyd Landis attacked you expected him to bonk again! After Floyd Landis finished the stage, I sat there and counted the seconds on the clock as they ticked by, praying for a miracle, hoping beyond hope Floyd Landis would be reincarnated as maillot jaune. Oscar Pereiro managed to stay on the top of the general classification by thirty-eight seconds; but as everyone was aware, Floyd Landis was a much stronger time trialist: employing the patented "Praying Landis" style. Being an ex-Phonak teammate of Floyd Landis, Oscar Pereiro knew Floyd Landis would make up his time deficit in the time trial and emerge as maillot jaune. Hope re-emerged for every Floyd Landis fanatic that day. It was an incredible moment.
Some people called that attack "superhuman." It certainly was heartbreaking after Floyd Landis admitted he used performance-enhancing drugs during the 2006 Tour de France. ** But even in 2006, there were suspicions. For example, Floyd Landis admitted he took an intravenous saline solution mixed with glucose, nothing more after he bonked on Stage 16. This is equivalent to carbohydrate loading and could be considered a form of doping, could it not? Further speculation: is it possible to add a little EPO to the glucose? It is possible to transfuse an autologous blood bag on top of a saline bag? Is that medically possible?
Floyd Landis Tests Positive For Synthetic Testosterone
...And this case might be the means of introducing a new method. One can show from the psychological data alone how to get on the track of the real man. 'We have facts' they say. But facts are not everything, at least half the business lies in how you interpret them.
Fyodor Dostoyevsky
Crime and Punishment
The joyous moment of winning the Tour de France and living the dream had come true for Floyd Landis. Even his hip survived the ordeal. Now it was time to cash in on the endorsements and schedule a hip replacement. But the clear skies and the smiling sun would soon be replaced by frowning overcast skies when John Lelangue called Floyd Landis to inform him that his "A" sample for Stage 17 of the 2006 Tour de France had tested positive for synthetic testosterone. Floyd Landis was astonished at this test result, he could not believe it. Why? Because he did not use synthetic testosterone during the 2006 Tour de France. Floyd Landis did not test positive for synthetic testosterone. I was convinced in 2006, and I am convinced in 2013, that the Laboratorie National de Depistage du Dopage (LNDD), the WADA accredited laboratory located in Chatenay-Malabry, France, produced one of the most blatantly false-positive testosterone/epitestosterone ratios in history. Then they compounded the problem with a blatantly false interpretation of the carbon isotope ratio test. This carbon isotope ratio test false interpretation was reinforced by the expert testimony of people who were deemed to be top scientific experts in carbon isotope ratio testing, Don Catlin, and Christiane Ayotte. Don Catlin and Christiane Ayotte, directors of top WADA anti-doping laboratories, argued that a single metabolite above threshold found in the urine sample of Floyd Landis was either an indication of the use of synthetic testosterone or a marker of a synthetic testosterone precursor. However: in rebuttal to these conclusions, Dr. Arnie Baker, in a brilliant discussion, presented: "What is fair is clear" to the USADA Anti-Doping Review Board. Dr. Arnie Baker explained that drawing a conclusion of synthetic testosterone use based upon the fact that a carbon isotope ratio test found a single metabolite above the threshold was nothing more than a smoke and mirror theory that lacked a sound scientific foundation. Dr. Arnie Baker cited research reports documenting the fact that control medical students in testosterone experiments, people who had never used synthetic testosterone, had higher single metabolite delta unit scores than LNDD measured in the urine sample of Floyd Landis after Stage 17 of the 2006 Tour de France! Therefore: the single metabolite above threshold found in the urine sample of Floyd Landis may have been nothing more than a random event, or a normal byproduct of Floyd Landis unique metabolism. Nevertheless: this convincing medical logic was rejected by every alphabet soup agency: the World Anti-Doping Agency (WADA), the International Cycling Union (UCI), the United States Anti-Doping Agency (USADA), and the Court of Arbitration for Sport (CAS), as groundless. Floyd Landis also argued to the arbitration panel that there were infinite documented problems associated with LNDD laboratory practice. [For the best discussion of the scientific issues that plagued this case consult the most excellent blog trust but verify.] It seems that everyone reached the wrong conclusion about the carbon isotope ratio results except for Christopher Campbell; who was the only man not to be sucked into the group think vortex, and the only actor in this whole drama who exhibited any intelligence in this case. "What is fair is clear" is located in the appendix of Positively False. Don't trust my word for it, read Dr. Baker's argument for yourselves, and make your own conclusions.
The Case Of The Dumbo Ears: Profiles In Incompetence
Final note: The Pepperdine arbitration panel agreed to allow alternate "B" tests that Travis Tygart requested as supplemental evidence of synthetic testosterone use by Floyd Landis: conclusive proof that was to be proven by running carbon isotope ratio tests on every "B" sample of every stage of the 2006 Tour de France where Floyd Landis had submitted a urine sample. [Note! The "A" samples had been destroyed by testing and were no longer available.] [Note! The arbitration panel had ruled that these tests could not be used to file additional adverse analytical findings because an adverse analytical finding requires a confirmation "A" sample test. But oddly, the "B" samples could be considered valid supplemental evidence, even though this decision was unprecedented, and violated WADA code as to what could be constituted as acceptable valid scientific proof.] But, while examining the GC/C/IRMS used in the alternate "B" tests, Floyd Landis defense scientific expert Simon Davis noted that the large metal rings used to move the IRMS, were still attached, "years after delivery."
These machines have two massive magnets that are highly sensitive and the key to the accuracy of the results. Think of how an iron object placed near a compass distorts the magnet, inhibiting the ability of the compass to reliably point north. The dumbo ears could have a similar effect on this machine. In other words, not only are my B sample retesting results suspect, but every test ever done on this unit may be unreliable, and no one at the lab ever noticed it before.
Conclusion:
Floyd Landis was framed by a group of people who refused to retract their bogus adverse analytical finding that convicted Floyd Landis of using synthetic testosterone, even in the face of overwhelming evidence to the contrary. WADA, the UCI, the CAS, and USADA had too much invested to lose this case. The abuse continues unabated. Floyd Landis fought so desperately because he was innocent of the adverse analytical finding filed against him. He truly had nothing to lose.
Furthermore, if there is a lesson to be learned from the Floyd Landis case it is the arbitrary and capricious application of "science." Three metabolites above the three delta unit threshold on Monday, two metabolites on Tuesday, and a single metabolite*** above the threshold on Wednesday. In Australia, the WADA threshold standard was four metabolites above four delta units to ascertain a positive result. A WADA positive doping test based on floating amorphous criteria that have no foundation in medical science, medical literature, or in medical experimentation; and which also lacks a physiological baseline, is absolutely unacceptable as a premise to suspend a professional athlete from cycling or any other sport. Nevertheless, the results, no matter what they be or how they are derived, are interpreted as conclusive evidence of doping: then these conclusions are force-fed to a gullible public. If the "scientific" requirements as to what constitutes a positive test are subjected to arbitrary and capricious interpretations; then how is an athlete to prepare and present a coherent defense? Impossible.
Aftermath:
Floyd Landis scolded the anti-doping alphabet organizations in Positively False for their idee fixe to prove that Lance Armstrong used performance-enhancing drugs. "Let it go!" One must wonder if the positive synthetic testosterone test was nothing more than a ploy to obtain evidence from Floyd Landis that would serve as a base to file non-analytical positives against Lance Armstrong, Johan Bruyneel, Michele Ferrari, et al. Why else would Travis Tygart offer Floyd Landis the shortest suspension in history as a deal for evidence? Ironically, Floyd Landis may have reasoned after he was declared persona non grata and refused a continental or pro tour contract with any team that it was in his best interests to provide evidence to USADA. Once Floyd Landis made allegations of doping against Lance Armstrong and U.S. Postal Service; USADA sprang into action by threatening other ex-teammates of Lance Armstrong with legal action if they refused to cooperate, extracting a mountain of coerced testimony that resulted in the USADA prosecution summary The Reasoned Decision. Floyd Landis said he wanted to be part of the solution, not part of the problem. In the end, Floyd Landis gave Travis Tygart everything on a silver platter. But in the end, Floyd Landis may in up in the lurch with nothing, once again.
UPDATE
*It has been determined that Johan Bruyneel sold team Trek bicycles and Shimano dura-ace components on the black market to partially fund the U.S. Postal Service team doping enterprise. This may explain why the Postal Service team members, except for Lance Armstrong, were training on outdated equipment.
**This Floyd Landis doping confession assertion is based upon an unreferenced footnote in Tyler Hamilton's book, The Secret Race, where Floyd Landis allegedly admitted to blood-boosting and micro-dosing EPO during the 2006 Tour de France. Daniel Coyle provides no credible source for the EPO claim. However, Floyd Landis did admit in an interview with Gram Bensinger, "I did two blood transfusions in 2006". During the 2006 Tour de France. A courier disguised as an autograph-seeking tourist delivered the blood disguised as a gift in plain sight. Floyd Landis simply placed the parcel in his jersey pocket and rode away. Source: In-depth with Gram Bensinger, Rules didn't apply to Lance Armstrong, Video, Time, 12:46-14:24.
***The single metabolite was 5 alpha. "The appellant's 5 alpha metabolite in both samples exceeded the WADA positivity criteria of 3.0 0/00, within the LNDD measure of uncertainty of +/- 0.8 0/00." Before the Floyd Landis case, the WADA standard was two metabolites above the 3.0 0/00 threshold for a positive test. However, the andro metabolite was inconclusive, the "A" sample measured 3.99 delta units, but the "B" sample measured 3.15 delta units. There appears to be a great amount of variation between the "A" and "B" test results that justify the uncertainty. Therefore, the andro metabolite was inconclusive. No amount of academic argument could justify the andro metabolite results as positive due to the range of values. Apparently, the Court of Arbitration for Sport came to the same conclusion and relied upon a single metabolite to justify the award against Floyd Landis. Thus it would seem that WADA standards only apply when convenient to the court. The other two metabolites measured were well below the threshold and do not factor in this discussion. Source: Court of Arbitration for Sport, Floyd Landis Award, VI, Scientific Matters..., P.15.
Originally I included an argument about the worthless acute testosterone patch used in races to increase performance or recovery because there is no definitive scientific proof acute testosterone applications provide any benefits at all. Testosterone builds muscle mass and strength through long term applications over months or years. And Floyd Landis, as far as I know, has denied using any form of testosterone during the 2006 Tour de France. Of course, this sounds like a desperate argument a Floyd Fairness Fund apologist would make. Weak. Floyd Landis has admitted using testosterone in other races. Floyd Landis has admitted Allen Lim managed a blood doping program for Floyd Landis and Levi Leipheimer when they were training in Girona, Spain prior to the 2006 Tour de France. Who is to say testosterone was not used as well? If blood stored from these training sessions was re-infused during the race, residual testosterone could have been detected in the samples. I think this is how Alberto Contador was caught using clenbuterol.
The entire premise of my argument is not that Floyd Landis rode clean during the 2006 Tour de France, but that he was falsely charged with using synthetic testosterone. The proof provided to substantiate this accusation was inadequate even to meet the "comfortable satisfaction" standard. Of course, we hashed out these arguments on the Internet with endless debates during the entire Floyd Landis arbitration fiasco. LNDD did not help matters when they obliterated a doping control number with whiteout. Experts went through every page of the Lab Document Package finding errors. The ramp temperatures were wrong. The IRMS sucked in air from the atmosphere. The staff was inadequately trained to operate the equipment. The conclusion of experts; LNDD laboratory practice was so sloppy, the results had no reliability or validity. WADA had become so arrogant they did not care about quality control. WADA results were beyond question in arbitration. WADA was infallible. Did Floyd Landis use synthetic testosterone during the 2006 Tour de France? I honestly do not know. But, Floyd Landis had to be punished for contesting WADA results as an example to others not to repeat the same folly. Establishing the truth was never an issue with these people. Bottom line, WADA had to remain infallible, even if the lives and careers of innocent athletes had to be destroyed in the process.
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