Contador acquitted

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Sep 25, 2009
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JMBeaushrimp said:
I like the idea of a 'possibility 1.a'. That being that if the legal team knew about adverse DEHP levels, but also knew that they'd be fighting a time-line as to the validation of the test, why would they even entertain the idea of bringing that to everyone's attention?

If there are adverse levels of DEHP, the fact that that evidence may not be useful (or admissable), would say to me that NO ONE on the inside would want that brought up. Keep it silent. Deal with it when/if you have to. Take the down-time to figure out arguments contra DEHP being evidentiary to transfusion (vaccuum packed meat?).

They seem to have been able to take a tack that is getting the results they want (even if they may be unbelievable to many), why not keep the strategy up? It's apparently working...
a general comment - it looks like dozens of my posts aiming at the case complexities and nuances are finding at least some echo if thinking but strong-minded posters like you and sniper are giving them some consideration.

to the specifics...
That being that if the legal team knew about adverse DEHP levels, but also knew that they'd be fighting a time-line as to the validation of the test, why would they even entertain the idea of bringing that to everyone's attention?
don't know if you saw the connotation i clearly stated. it's the uci and wada who did not bring the plastocicer test.. a competent legal team will not benefit from commenting on rumouos to say nothing of addressing them in the official legal papers. as far as i know they never did.
They seem to have been able to take a tack that is getting the results they want (even if they may be unbelievable to many)
exactly. once again, we are witnessing the value of an outstanding legal team combined with the natural pitfalls of the anti-doping process. the star lawyer who got pelli and the russian discovery time trialist (the names escapes me now) is on contador's team.

people need to give more credence to the gray areas in our black and white world and people need to stop dumping on good lawyers.
 
RobbieCanuck said:
You have missed the point on both scores

1. Although YOU may believe Bert's contamintated meat story not to be true, the Spanish Federation that listened to Bert first hand obviously believed his story to be true. It is the Federation's opinion that counts, not yours. They found his explanation that he unknowingly took a PED to be reasonably certain as truthful.

I fail to see how stating the obvious has anything to do with the points I was making. Again, you said that if someone can reasonably show that he ingested a substance accidentally, he should be cleared. Again, I made the point that the most reasonable conclusion is that Bert transfused. The fact that the REFC has decided to clear Bert anyway does not prove your assertion or implication that Bert proved that he reasonably ingested through accident. Your argument basically boils down to, if the REFC clears Bert, they must have acted reasonably, therefore he should be cleared. If you feel that way, obviously there is no point in my debating you.

IOW, you are not arguing by reason but by authority.

2. A murder or issue of filiation is not de minimus or trifling. The law does not treat them as trifling. And very small amounts of DNA evidence may prove the delict.

The issue in doping is competitive advantage. Did the amount of clen give AC a competitive advantage? No. The amount was so miniscule, so minute, so ridiculously small it could not possibly have given AC a competitive advantage. This is an accepted fact in AC's case!

So where is the crime?

If you have been following this forum at all, you will know that the tiny amount of CB could very well be indicative of blood transfusion. No evidence presented by Bert’s team suggests otherwise, and the reported DEHP levels are rather significant evidence in favor of that scenario.

Also, you seem unaware of the fact that the anti-doping rules do NOT say that the substance has to be present at levels for a competitive advantage. It’s not possible to set up the rules in this way. An elementary knowledge of pharmacokinetics indicates that a rider can take a competitive dose but test for at a later time for a much smaller dose. In Bert’s case, we are pretty sure this is not the case, because he tested negative on a day before he tested postiive, but that is a different issue.

The situation is more complex than simply, "if it's too low to be PE, it shouldn't be sanctioned". Unless one knows when the athlete ingested the substance, the level detected tells us nothing about how much the athlete originally ingested. It is balancing that fact against the possibility of very low levels through accidental ingestion that's the problem.
 
Sep 25, 2009
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sniper said:
for those who read german (or know how to translate it on the web):
A nice interview with Hajo Seppelt on the Contador case:
thanks.

with the exception of one important but totally overlooked issue discussed below, i was nonplussed by the interview.

it followed an entirely expected script (not that i disagree with the angle !) - an ard reporter interviews and ard reporter on an ard platform promoting a well known ard’s implacable message on doping. kudos but...

behind on occasion absolutist and overdone german rhetoric, seppelt forgot that op puerto (“grotesque, unprecedented”) was a cute puppy compared to the ugly doping dogs produced by his compatriots from the east just two decades ago. seppelt’s otherwise reasonable thoughts could be more convincing without the attacks on another country or his iincompetent, self-serving comparisons to the acquitted compatriot ponger.

where seppelt deserved attention is for bringing contador’s infinitesimal clen concentration back to light.

he reiterated the point i brought up before - in the acquitted Ovchrarov’s case with higher clen concentration (75 vs. 50) two top scientist concluded that clen was ingested 3-5 days BEFORE the fateful sample. iow, it hopped a step and was washing out slowly unlike in contador’s case -a small step the very next day. he was hinting at the transfusion theory with plasma-free packed cells still containing small amounts of plasma previously contaminated with residual clen.

it’s a plausible theory but it could be countered by equally (in theory) plausible considerations that conti’s european steak was expectedly less contaminated (to avoid strict regulations) than ovcharov’s chinese meal.
 
Jan 3, 2011
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Merckx index said:
If you have been following this forum at all, you will know that the tiny amount of CB could very well be indicative of blood transfusion. No evidence presented by Bert’s team suggests otherwise, and the reported DEHP levels are rather significant evidence in favor of that scenario.

Thing is we dont know all of Bert's defense yet. RFEC made their decision based on ruling out other options (i.e. doping). That means that Bert's defense included arguments/proof to rule blood transfusion of the picture.

Remember we r just pocket scientest here, and we dont have all the accessible information. It would be VERY wrong to make a vertict based on a forum dicussion thread.
 
Jan 3, 2011
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sniper said:
Seppelt on the Contador case:

http://www.sportschau.de/sp/radsport/news201102/16/interview_seppelt.jsp

Among other things, he claims the level of CLEN found in AC's body w/should have been (alot) higher, if it had really entered AC's body via contaminated meat.

That seems as a bizarre claim. I mean it would come down to to what degree Berto's steak was contaminated (i.e. the lvl of clen might not be the same as the lvl of clen in chinese meat). Also how big was the steak etc.

But I am not a scientist with speciality in meat, but I am sure RFEC have or UCI/WADA/CAS will look into such obvious issues.
 
That no evidence presented by Clentador's team suggests otherwise is false. We haven't seen it so it could be completely bogus for all we know, but they *have* presented evidence that rules out a blood transfusion.
 
Jan 3, 2011
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pedaling squares said:
Rob, alcohol is not a banned substance in certain quantities, not even when driving. Apples and oranges.

Agree, it is apples and oranges. But still interesting point in regards wether there should be a minimum limit for clen and other stuff which u can theoretically get in your body via normal food. Maybe there should be a limit just as we have it with alcholhol and drinking.
 
Cimber said:
Thing is we dont know all of Bert's defense yet. RFEC made their decision based on ruling out other options (i.e. doping). That means that Bert's defense included arguments/proof to rule blood transfusion of the picture.

Remember we r just pocket scientest here, and we dont have all the accessible information. It would be VERY wrong to make a vertict based on a forum dicussion thread.

Obviously. That doesn't mean we can't express our opinions, and it doesn't even mean we might not reach a more sensible verdict. The Landis case made transparent for the first time, for many of us, the thinking of an anti-doping body. While I agreed with the verdict, I wasn't the only one who saw substantial weaknesses in some of their arguments (both pro and con Floyd).

Some people here are cautioning us that RFEC may have seen evidence not made publicly available. Given that they didn't even mention the most damning evidence that is publicly available--not even to deny that it was valid, legal or even in existence, if that's what they think--it's pretty unlikely, IMO, that they have access to some secret studies that conclusively rule out a transfusion. Conclusively, as in, even more unlikely than a contaminated steak ended up on Bert's table.

Python has mentioned biopassport data, and that's a logical place to begin. But it's common knowledge in the peloton that the passport can be beaten, so even if Bert's passport tests looked fine during the period of possible transfusion--even assuming he was tested then--that hardly proves to a near certainty that there was no transfusion.

There has also been talk about proving that CB in transfused blood would not show up at the level Bert tested for. Given all the uncertainties in such a calculation (which some of us attempted to make when this story first broke), I don't see how that line of attack, either, could offer anything remotely approaching conclusive proof. You wouldn't know how much was in his blood when he withdrew it, you couldn't be sure how much of what was in his blood was degraded, and you wouldn't know how much in transfused blood would end up in the urine.

I can certainly understand clever lawyers presenting such notions in a way that makes it look like Bert couldn't possibly have transfused, but I would be very surprised if there were rigorous science behind such claims. The closest thing to rigorous science I have seen in this entire case is the evidence that it is extremely unlikely that he would ingest CB-tainted meat.

Look at it this way. If the DEHP test--not Bert's results specifically, but the general concept of a test--which would be in the very strong interest of certain people not to make public, nevertheless leaked out, how did some magical (I'm tempted to say) method for proving a low level of CB did not come from tranfusion manage to be kept secret? Given all the athletes testing for low levels of the substance, and the growing debate about whether it should have a threshold, I would have thought that a way of proving CB was not from a transfusion would be a highly welcome breakthrough, and publicized to the skies. Why would anyone want to keep that a secret?

I think the one test that could help Bert at this point is massive analyses of ordinary people, to find out the prevalence of equivalent levels of CB in the general population. If the Spanish are so supportive of Bert, and want to see him cleared, why didn't they organize something like this? Now if you could show that at any moment in time a substantial fraction of people have that amount of CB in their urine following a meal of meat, then I would take Bert's claims seriously. But I guess their support for Bert doesn't extend to making an actual effort to do something productive. Or maybe the cattle farmers wouldn't allow it.
 
Jul 19, 2010
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RobbieCanuck said:
You have missed the point on both scores

1. Although YOU may believe Bert's contamintated meat story not to be true, the Spanish Federation that listened to Bert first hand obviously believed his story to be true. It is the Federation's opinion that counts, not yours. They found his explanation that he unknowingly took a PED to be reasonably certain as truthful.

2. A murder or issue of filiation is not de minimus or trifling. The law does not treat them as trifling. And very small amounts of DNA evidence may prove the delict.

The issue in doping is competitive advantage. Did the amount of clen give AC a competitive advantage? No. The amount was so miniscule, so minute, so ridiculously small it could not possibly have given AC a competitive advantage. This is an accepted fact in AC's case!

So where is the crime?

The Spanish Federation certianly did not find Contador's explanation to be "reasonably certain as truthful". They found his explanation adequate to legally rationalize acquittal. These particular clowns have their eyes open.

By the way, under the applicable law/rules the issue is doping per se, and not competitive advantage; a positive test for a prohibited substance is taken as evidence of doping, which is itself sanctionable; there is no need to demonstrate a competitive advantage. Whether it should be that way is another matter.
 
Dec 30, 2010
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Contador doesn't believe his own "story".

If Contador actually believed his own excuse (tainted meat), he would have immediately submitted to a hair test (which would prove no long term use).

The fact that he didn't means that he KNOWS that he is a long term user of clen. This meat excuse is just something that was arrainged at that is a "plausible theory", that he can use as a defence. Nothing more.

Defence attourney's say "when innocent, argue the truth,when guilty obfuscate the truth". It is clear this "meat" theory is just an obfuscation. Which makes it clear whether Contador believes that he is guilty or not.
 
Stade2 interviewed a few riders at Algarve about Contadors return. Some of them weren't too happy about him getting off and weren't shy about expressing this opinion.

Not all of them buy into the UCI message that all is well in cyclingdom.
 
frenchfry said:
Stade2 interviewed a few riders at Algarve about Contadors return. Some of them weren't too happy about him getting off and weren't shy about expressing this opinion.

Not all of them buy into the UCI message that all is well in cyclingdom.
Could you give us some names? It's interesting and good to have a more outspoken peloton.
 
Oct 16, 2010
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Andynonomous said:
If Contador actually believed his own excuse (tainted meat), he would have immediately submitted to a hair test (which would prove no long term use).

The fact that he didn't means that he KNOWS that he is a long term user of clen. This meat excuse is just something that was arrainged at that is a "plausible theory", that he can use as a defence. Nothing more.


Defence attourney's say "when innocent, argue the truth,when guilty obfuscate the truth". It is clear this "meat" theory is just an obfuscation. Which makes it clear whether Contador believes that he is guilty or not.

If been arguing along the same lines as you. And you'll find the same astonishment in the German press and several other outlets.
It's about connecting the dots:
Ovcharov>hairtest>unguilty.
Contador>no hairtest>.....

The big joke is that the RFEC sees things differently.
 
Mar 8, 2010
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sniper said:
If been arguing along the same lines as you. And you'll find the same astonishment in the German press and several other outlets.
It's about connecting the dots:
Ovcharov>hairtest>unguilty.
Contador>no hairtest>.....

The big joke is that the RFEC sees things differently.

For German main-press it was not the hairtest - main highlighted argument is bad bad China.
It must be true !
I am nearly sure Mr.Opingpong would have been cleared by DTTB even without the hairtest.

Two flies with one strike. China=evil
It was quiet funny that that German Dioxin-scandal came out shortly after that. :rolleyes:
 
Paco_P said:
The Spanish Federation certianly did not find Contador's explanation to be "reasonably certain as truthful". They found his explanation adequate to legally rationalize acquittal. These particular clowns have their eyes open.

By the way, under the applicable law/rules the issue is doping per se, and not competitive advantage; a positive test for a prohibited substance is taken as evidence of doping, which is itself sanctionable; there is no need to demonstrate a competitive advantage. Whether it should be that way is another matter.


And as many ignore there are numerous banned substances that have no apparent competitive advantage other than to conceal the use of other drugs. It's been much discussed but that's the value of DHEA; recovery of natural hormone production after aggressive steriod use. If Clen's only advantage is to cause even subtle weight loss it is of competitive value. We're talking about guys willing to transfuse blood on a recovery day and take nearly anything rumored to be an aid to performance.
 
Oct 16, 2010
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Cobblestoned said:
For German main-press it was not the hairtest - main highlighted argument is bad bad China.
It must be true !
I am nearly sure Mr.Opingpong would have been cleared by DTTB even without the hairtest.

Two flies with one strike. China=evil
It was quiet funny that that German Dioxin-scandal came out shortly after that. :rolleyes:

You read the Bild?
Try the sueddeutsche. No anti-chinese bias there.
You're nearly sure? Ok.

I'm not from here, but not often have I witnessed a press/media as objective as the german press. Nobody's afraid to sacrify national heroes here.
The cases of Pechstein, Ulrich, and, indeed, Herr Karl-Theodor von und zu Guttenberg speak volumes about German objectivity.
 
Mar 8, 2010
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sniper said:
You read the Bild?
Try the sueddeutsche. No anti-chinese bias there.
You're nearly sure? Ok.

I'm not from here, but not often have I witnessed a press/media as objective as the german press. Nobody's afraid to sacrify national heroes here.
The cases of Pechstein, Ulrich, and, indeed, Herr Karl-Theodor von und zu Guttenberg speak volumes about German objectivity.

I read both.

Ovtcharov is a national hero ? :D
Does anyone know him besides his dopingstory ? Perhaps a pingpongfan.
A pingponger can't be a national hero.
Even Timo Boll is happy if someone knows who he is and if normal people recognize his wins.

You are talking about objectivity ? Have you ever read pieces of Andreas Burkert in SZ ? lol
This guy and some Spiegel-guys were obsessed with Ullrich.

What you see is not objectivity - these are typical german witchhunts.

They built them up to heros and then, when the slightest mistake is made, they slaughter and hunt these same people down, and even enjoy stepping on them when they are on the ground.
They earn their money with that and didn't achieve anything.
 
Oct 16, 2010
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Cobblestoned said:
I read both.

Ovtcharov is a national hero ? :D
Does anyone know him besides his dopingstory ? Perhaps a pingpongfan.
A pingponger can't be a national hero.
Even Timo Boll is happy if someone knows who he is and if normal people recognize his wins.

You are talking about objectivity ? Have you ever read pieces of Andreas Burkert in SZ ? lol
This guy and some Spiegel-guys were obsessed with Ullrich.

What you see is not objectivity - these are typical german witchhunts.

They built them up to heros and then, when the slightest mistake is made, they slaughter and hunt these same people down, and even enjoy stepping on them when they are on the ground.
They earn their money with that and didn't achieve anything.

Note that the fact that Ovcharov is nowhere near a national heroe only strengthens my case, given that those with much more national support and popularity have in fact been found guilty.

The zu Guttenberg affair has little to do with a witchhunt. Merely with scientific integrity. And those who loved him, still stand by him, which is the large majority of the German people.
But the press/media? No way, they sacrifice him, for stealing other people's property.

Same with Pechstein and Ulrich: no witchhunt, but a striving for integrity.
Though, agreed, they could have cut Ulrich some slack.
 
Mar 8, 2010
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sniper said:
Note that the fact that Ovcharov is nowhere near a national heroe only strengthens my case, given that those with much more national support and popularity have in fact been found guilty.

The zu Guttenberg affair has little to do with a witchhunt. Merely with scientific integrity. And those who loved him, still stand by him, which is the large majority of the German people.
But the press/media? No way, they sacrifice him, for stealing other people's property.

Same with Pechstein and Ulrich: no witchhunt, but a striving for integrity.
Though, agreed, they could have cut Ulrich some slack.

Your case is good.

About witchhunt:
I saw both. Striving for integrity and witchhunt. Serious people and people who just want to make money or have their personal, ugly payback-time (like Burkert).

Hard to compare a politician wiss a sportstar, but anyway Guttenberg's fault was not his Doktorarbeit. Me and most people don't care about sat.

His fault was to mess wiss se wrong people sat sen had a closer look at him, or adviced people to have a closer look. Sey are really on him for some time now. He can't even take his wife wiss him wissout drama.
 
Sep 25, 2009
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fran contador on his brother’s defence
http://translate.google.com/transla....com/ciclismo.html&sl=es&tl=en&hl=en&ie=UTF-8

ignoring a lot of brotherly passion, the following factual bits got my attention....

- a snide at astana (‘they have their own version of the facts and act accordingly’)
(this confirms my doubts that astana would cooperate in forging that meat receipt many consider a given)
- hints that the scientific basis for the acquittal was based on the fortunate fact of contador being tested multiple times before and after the positive.
- does not say it directly but makes it pretty clear that contador did NOT need a hair test.
- declared readiness to go to any court if not acquitted by cas
 
Oct 16, 2010
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From the same article:

Howman does not support a threshold below which positive tests for substances such as clenbuterol are not considered doping.

"I think the issue is this. If you introduce a threshold, then what you might do is miss a person who has taken the substance let's say three months ago, and it's still in their body. So when they test, it's not a huge amount, it's a small amount because it's left over from three months ago."



Also, more German incomprehension of AC's acquittal:
http://newsticker.sueddeutsche.de/list/id/1114031
«Wenn dieses Urteil Schule macht, ist der Anti-Doping-Kampf am Ende», sagte Freitag dem Nachrichtenmagazin «Focus». Der Freispruch sei «eine Katastrophe, weil er klar das Prinzip verletzt, dass jeder Sportler selbst für das verantwortlich ist, was sich in seinem Körper befindet.»
 
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