Opening Statement on Behalf of Floyd Landis Winner of the 2006 Tour de France Monday, May 14th, 2007
In Order To Believe USADA Floyd, knowing that he would be tested while in the lead or attempting to gain the lead in the Tour Took Testosterone, a drug that does not have a beneficial effect during a race like the Tour, In an amount too small to raise his testosterone level above that of the average male Then entered his system and was metabolized in a way contrary to the known science about testosterone That in 4 out of the 5 tests alleged to be positive, his screening tests were absolutely normal That in his 5 confirmation tests, the values vary in a way contrary to the known science about testosterone That when the electronic files from stage 17 were reprocessed, the results were entirely not reproducible MOST IMPORTANTLY: That all of the ISL Violations that are at the heart of this case, UTTERLY DID NOT MATTER. Floyd, Knowing that he would be tested while in the lead or attempting to gain the lead in the Tour, 2
In Order To Believe USADA Floyd, knowing that he would be tested while in the lead or attempting to gain the lead in the Tour Took Testosterone, a drug that does not have a beneficial effect during a race like the Tour, In an amount too small to raise his testosterone level above that of the average male Then entered his system and was metabolized in a way contrary to the known science about testosterone That in 4 out of the 5 tests alleged to be positive, his screening tests were absolutely normal That in his 5 confirmation tests, the values vary in a way contrary to the known science about testosterone That when the electronic files from stage 17 were reprocessed, the results were entirely not reproducible MOST IMPORTANTLY: That all of the ISL Violations that are at the heart of this case, UTTERLY DID NOT MATTER. Took Testosterone, a drug that does not have a beneficial effect during a race like the Tour, 3
In Order To Believe USADA Floyd, knowing that he would be tested while in the lead or attempting to gain the lead in the Tour Took Testosterone, a drug that does not have a beneficial effect during a race like the Tour, In an amount too small to raise his testosterone level above that of the average male Then entered his system and was metabolized in a way contrary to the known science about testosterone That in 4 out of the 5 tests alleged to be positive, his screening tests were absolutely normal That in his 5 confirmation tests, the values vary in a way contrary to the known science about testosterone That when the electronic files from stage 17 were reprocessed, the results were entirely not reproducible MOST IMPORTANTLY: That all of the ISL Violations that are at the heart of this case, UTTERLY DID NOT MATTER. In an amount too small to raise his testosterone level above that of the average male, 4
In Order To Believe USADA Floyd, knowing that he would be tested while in the lead or attempting to gain the lead in the Tour Took Testosterone, a drug that does not have a beneficial effect during a race like the Tour, In an amount too small to raise his testosterone level above that of the average male Then entered his system and was metabolized in a way contrary to the known science about testosterone That in 4 out of the 5 tests alleged to be positive, his screening tests were absolutely normal That in his 5 confirmation tests, the values vary in a way contrary to the known science about testosterone That when the electronic files from stage 17 were reprocessed, the results were entirely not reproducible MOST IMPORTANTLY: That all of the ISL Violations that are at the heart of this case, UTTERLY DID NOT MATTER. Then entered his system and was metabolized in a way contrary to the known science about testosterone 5
In Order To Believe USADA Floyd, knowing that he would be tested while in the lead or attempting to gain the lead in the Tour Took Testosterone, a drug that does not have a beneficial effect during a race like the Tour, In an amount too small to raise his testosterone level above that of the average male Then entered his system and was metabolized in a way contrary to the known science about testosterone That in 4 out of the 5 tests alleged to be positive, his screening tests were absolutely normal That in his 5 confirmation tests, the values vary in a way contrary to the known science about testosterone That when the electronic files from stage 17 were reprocessed, the results were entirely not reproducible MOST IMPORTANTLY: That all of the ISL Violations that are at the heart of this case, UTTERLY DID NOT MATTER. That in 4 out of the 5 tests alleged to be positive, his screening tests were absolutely normal 6
In Order To Believe USADA Floyd, knowing that he would be tested while in the lead or attempting to gain the lead in the Tour Took Testosterone, a drug that does not have a beneficial effect during a race like the Tour, In an amount too small to raise his testosterone level above that of the average male Then entered his system and was metabolized in a way contrary to the known science about testosterone That in 4 out of the 5 tests alleged to be positive, his screening tests were absolutely normal That in his 5 confirmation tests, the values vary in a way contrary to the known science about testosterone That when the electronic files from stage 17 were reprocessed, the results were entirely not reproducible MOST IMPORTANTLY: That all of the ISL Violations that are at the heart of this case, UTTERLY DID NOT MATTER. That in his 5 confirmation tests, the values vary in a way contrary to the known science about testosterone 7
In Order To Believe USADA Floyd, knowing that he would be tested while in the lead or attempting to gain the lead in the Tour Took Testosterone, a drug that does not have a beneficial effect during a race like the Tour, In an amount too small to raise his testosterone level above that of the average male Then entered his system and was metabolized in a way contrary to the known science about testosterone That in 4 out of the 5 tests alleged to be positive, his screening tests were absolutely normal That in his 5 confirmation tests, the values vary in a way contrary to the known science about testosterone That when the electronic files from stage 17 were reprocessed, the results were entirely not reproducible MOST IMPORTANTLY: That all of the ISL Violations that are at the heart of this case, UTTERLY DID NOT MATTER. That when the electronic files from stage 17 were reprocessed, the results were entirely not reproducible 8
In Order To Believe USADA Floyd, knowing that he would be tested while in the lead or attempting to gain the lead in the Tour Took Testosterone, a drug that does not have a beneficial effect during a race like the Tour, In an amount too small to raise his testosterone level above that of the average male Then entered his system and was metabolized in a way contrary to the known science about testosterone That in 4 out of the 5 tests alleged to be positive, his screening tests were absolutely normal That in his 5 confirmation tests, the values vary in a way contrary to the known science about testosterone That when the electronic files from stage 17 were reprocessed, the results were entirely not reproducible MOST IMPORTANTLY: That all of the ISL Violations that are at the heart of this case, UTTERLY DID NOT MATTER. MOST IMPORTANTLY: That all of the ISL violations that are at the heart of this case, UTTERLY DID NOT MATTER. 9
Burden Of Proof USADA "shall have the burden of establishing that an anti-doping rule violation has occurred." UCI Cycling Regulations, Art. 16 World Anti-Doping Code, Art. 3.1 10
Rebuttable Presumption The Rider may rebut this presumption by establishing that a departure from the International Standard occurred. UCI Cycling Regulations, Art. 18 11
Burden Shifts Back USADA shall have the burden to establish that the departure did not cause the Adverse Analytical Finding. WADA Code Art. 3.2.1. 12
Standard of Proof USADA must present evidence of a doping violation to the "comfortable satisfaction of the hearing body bearing in mind the seriousness of the allegation which is made." UCI Anti-Doping Regulations, Article 16 Article 3.1 of the World Anti-Doping Code 13
Very high standard – as close to beyond a reasonable doubt as possible Standard of Proof Very high standard – as close to beyond a reasonable doubt as possible The importance of this case / Seriousness of the allegations 14
Poor Chromatography: LNDD Incompetence 15
Poor Chromatography: LNDD Incompetence Poor Chromatograms throughout this case Good Chromatography REQUIRED For Accurate Results 5.4.4.2.1 - Confirmation methods for Non-threshold Substances must be validated. Examples of factors relevant to determining if the method is fit for the purpose are: Matrix interferences. The method should avoid interference in the detection of Prohibited Substances or their Metabolites or Markers by components of the sample matrix. 16
Poor Chromatography: LNDD Incompetence Poor Chromatograms throughout this case Good Chromatography REQUIRED For Accurate Results 5.4.4.2.1 - Confirmation methods for Non-threshold Substances must be validated. Examples of factors relevant to determining if the method is fit for the purpose are: Matrix interferences. The method should avoid interference in the detection of Prohibited Substances or their Metabolites or Markers by components of the sample matrix. 17
Stage 17 (IRMS) USADA0349 (Fraction 3) 18
Stage 11 19
Stage 17 (GC/MS) Sample A 20
Stage 17 (GC/MS) Sample B 21
MANUAL PROCESSING OF DATA: INCOMPETENCE 22
MANUAL PROCESSING OF DATA: INCOMPETENCE We Almost Never Knew 23
MANUAL PROCESSING OF DATA: INCOMPETENCE We Almost Never Knew 24
UNSCIENTIFIC RESULTS -2.58 -3.99 -2.15 -6.14 -2.02 -3.51 -2.65 -6.39 Original result A Sample E-11K -2.58 A-11K -3.99 5B-P -2.15 5A-P -6.14 B Sample E-11K -2.02 A-11K -3.51 5B-P -2.65 5A-P -6.39 25
UNSCIENTIFIC RESULTS -2.58 -2.32 -3.99 -3.65 -2.15 -1.70 -6.14 -5.65 Original result Reprocessed (20 times!) A Sample E-11K -2.58 -2.32 A-11K -3.99 -3.65 5B-P -2.15 -1.70 5A-P -6.14 -5.65 B Sample E-11K -2.02 -0.35 A-11K -3.51 -1.61 5B-P -2.65 -3.05 5A-P -6.39 -7.19 26
SELECTED ION MONITORING 27
SELECTED ION MONITORING 28
SELECTED ION MONITORING 29
LNDD - One Ion SIM 30
UCLA – Three Ion SIM 31
We challenge USADA and LNDD with their army of experts to prove that: Their chromatograms are good That they actually document their manual processing That they used proper confirmation techniques. And prove that none of these ISL violations caused the adverse analytical finding 32
Other ISL Violations Violations of rules regarding chain of custody Violations of rules regarding the preparation of laboratory documents Identifying nonexistent compounds Violations of rules regarding running quality controls Violations of rules requiring reference collection standards 33
“Everyone is entitled to their own opinion, but not their own facts.” The Honorable Daniel Patrick Moynihan