Contador acquitted

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Jul 27, 2010
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BroDeal said:
We can call it the Alberto Contador defense. “When you have eliminated the unthinkable, whatever remains, however impossible, must be the decision.”

I think this is what you meant.

I think to the extent that it is something that can truly be accidentally ingested, it will certainly make it harder to disqualify a rider, but I don't see the theory having any impact on the typical synthetic EPO, sterorid violation.

According to the statistics, it is about as easy to ingest EPO or steroids accidentally as it is clenbuterol. At least in the EU.

Plus, it is not a very easy theory to establish--proving a negative is VERY hard.

Actually, if one is innocent, it is usually even more difficult to prove a positive than a negative.
 
Mar 17, 2009
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Merckx index said:
I think this is what you meant.



According to the statistics, it is about as easy to ingest EPO or steroids accidentally as it is clenbuterol. At least in the EU.



Actually, if one is innocent, it is usually even more difficult to prove a positive than a negative.

I would be careful citing EU statistics on the presence of clen in EU meat unless you have more statistical data regarding those tests than I've seen posted in these threads. The fact that we don't know the confidence level of the sample, the sampling error for the overall study AND (I think this is important for the Contador case), the sampling error for each locality (be that Spain or its provinces), you can't really say with confidence how easy or difficult it is to ingest clenbuterol, especially in trace amounts, in the EU.
 
Jul 27, 2010
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Publicus said:
I would be careful citing EU statistics on the presence of clen in EU meat unless you have more statistical data regarding those tests than I've seen posted in these threads. The fact that we don't know the confidence level of the sample, the sampling error for the overall study AND (I think this is important for the Contador case), the sampling error for each locality (be that Spain or its provinces), you can't really say with confidence how easy or difficult it is to ingest clenbuterol, especially in trace amounts, in the EU.

The error for the number of cattle sampled in Spain, as acknowledged by Bert's own lawyers, is well below 1%. I have already discussed the fallacies of arguing about particular localities.
 
Mar 17, 2009
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Merckx index said:
The error for the number of cattle sampled in Spain, as acknowledged by Bert's own lawyers, is well below 1%. I have already discussed the fallacies of arguing about particular localities.

I believe that was a reference to the AMOUNT of cattle that were subject to the clen test. That is not, to my knowledge, the sampling error that I was discussing. When you are trying to draw inferences from small sample sizes, there is a significant error that should be disclosed as part of the analysis. So far as I've gleaned, that sampling error, for the entire test or each of the localities, has not be disclosed. I'm not a statistician, but as a lawyer, I would spend a great deal of time pointing out the error in relying on those statistics to draw inferences regarding the prevalence of clen in the Spanish meat supply. Without the meat he actually ate, he can't prove that the cow was treated with clen, but he can certainly demonstrate that it is much more likely to have occurred in that province than the broader EU statistics suggest otherwise. And once you accept that logic...
 
May 20, 2010
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Publicus said:
I would be careful citing EU statistics on the presence of clen in EU meat unless you have more statistical data regarding those tests than I've seen posted in these threads. The fact that we don't know the confidence level of the sample, the sampling error for the overall study AND (I think this is important for the Contador case), the sampling error for each locality (be that Spain or its provinces), you can't really say with confidence how easy or difficult it is to ingest clenbuterol, especially in trace amounts, in the EU.

I assume you are referring to ingestion of CB via tainted meat?

If so, the amount of CB in the meat was not "likely" to be in trace amounts.

If you have evidence to contrary please provide link.
 
Jul 27, 2010
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Publicus said:
I believe that was a reference to the AMOUNT of cattle that were subject to the clen test. That is not, to my knowledge, the sampling error that I was discussing. When you are trying to draw inferences from small sample sizes, there is a significant error that should be disclosed as part of the analysis. So far as I've gleaned, that sampling error, for the entire test or each of the localities, has not be disclosed. I'm not a statistician, but as a lawyer, I would spend a great deal of time pointing out the error in relying on those statistics to draw inferences regarding the prevalence of clen in the Spanish meat supply. Without the meat he actually ate, he can't prove that the cow was treated with clen, but he can certainly demonstrate that it is much more likely to have occurred in that province than the broader EU statistics suggest otherwise. And once you accept that logic...

Again, Bert's team noted that about 8500 cattle had to be tested for a 1% error (see various discussions on this subject for the meaning of error in this context). Far more cattle are tested in Spain than this number. It is not a "small sample size", unless you mean small relative to the total number of cattle present. But sampling is always small in this sense. Thus the argument of Bert's lawyers that 99.75% of the cattle were not tested is disingenuous. In any sampling procedure, the vast majority of subjects are not tested.

The locality argument is a red herring. Of course one can always point out that in a large sample size, any particular locale within the sampling area will have a much smaller sample size. But the probability of that locale having a different pattern of contamination (which, to repeat, is essentially zero) than the area as a whole, is very small. Unless, " he can certainly demonstrate that it is much more likely to have occurred in that province than the broader EU statistics suggest otherwise."

Has Bert demonstrated this? Not to my knowledge. Supposedly the brother of one of the suppliers who might have produced the meat Bert ate was busted several years ago. How do you suppose he was busted? I would assume by failing a test. I don't believe it was because they found bottles or whatever of CB in his barn, though if someone knows otherwise, I would be very interested. But assuming it was from failing a test, that bust is part of the statistics, and to use this argument is to imply support for the statistics.

But the results of more recent tests from this area were 0 for 100. This, again, is a number provided by Bert's team. Not a very promising start to making the claim that this area is different. In fact, the % of positives in this area in this more recent survey. was exactly the same as in Spain or the EU.

As many here are quick to point out, there may be a lot more information out there that we are not privy to. Based on what the RFEC did make public, I tend to doubt that. But even if it's true, RFEC at the least can be faulted for lack of transparency. If they have some magic bullet that clears Bert, shouldn't cycling fans be allowed to see it? Don't people have a right to know why someone is cleared?
 
Sep 25, 2009
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missing trees for the forest again

regardless of the inherent statistical arguments merits or shortfalls ( sampling error etc) most people have missed HOW and WHY the statistics was used in the rfec’s decision.

in fact, rfec even acknowledged wada’s eu conclusions regarding clen incidence in Europe and they somewhat shrewdly (or slyly) used the low probability to demonstrate no negligence on contador’s part when he ate that meat.

where the statistics gets fuzzy and controversial is not where virtually everyone is looking.

it’s in the duality the same basic facts were used.

on the one hand, low clen incidence was used to latch on to a no negligence wada/uci rule allowing complete acquittal. On the other, the low clen incidence was swept away and the entire logic of exoneration proceeded on the premise that the contamination though of low probability was possible.

to any common sense this sounds umm, plausible and yes contradictory at the same time.

but does it make legal sense ?

that’s where I trust cas’s biggest challenge will be.

i'm interested in legal opinions but don't hold much hope b/c the bang-bang posts will sink the discussion very soon again.
 
Jul 27, 2010
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pyth on said:
on the one hand, low clen incidence was used to latch on to a no negligence wada/uci rule allowing complete acquittal. On the other, the low clen incidence was swept away and the entire logic of exoneration proceeded on the premise that the contamination though of low probability was possible.

Oh, I understand this. It's not Bert's fault that he ingested contaminated meat, because there's so precious little of it in Spain, how could anyone be faulted for eating meat? And I agree with this logic, too.

It's the swept away part I don't get. How the name of the game suddenly became the prosecution having to prove beyond a reasonable doubt (or strong preponderance, whatever) that the meat was clean, when it should be Bert having to prove beyond a reasonable doubt that it was contaminated.

Common sense does not say that this is both plausible and contradictory. It says it is contradictory, period. If the incidence of contamination is too low to blame someone for eating a source of that contamination, it is also too low to serve as proof in lieu of the actual meat.
 
May 26, 2010
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Publicus said:
I think to the extent that it is something that can truly be accidentally ingested, it will certainly make it harder to disqualify a rider, but I don't see the theory having any impact on the typical synthetic EPO, sterorid violation.

Plus, it is not a very easy theory to establish--proving a negative is VERY hard.

not neccesarily if athletes can find out where epo is used in the real world and tie their excuses to it. ....ie Clen used in the beef industry, "ooops i ate some meat sorry", "oh sorry i took one of my wife's slimming tablets" etc......
 
Mar 19, 2009
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Is the likelyhood of a cyclist being positive from self-administered clen not greater than a random human being being positive from eating meat?
And if some farmer can be considered guilty by association, doesn't the same hold true for Contador?
 
Oct 16, 2010
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Cloxxki said:
Is the likelyhood of a cyclist being positive from self-administered clen not greater than a random human being being positive from eating meat?
And if some farmer can be considered guilty by association, doesn't the same hold true for Contador?

was anybody here looking for a definition of common sense? Well, here it is. Post of the month.

try telling that to the RFEC though.
 
Oct 16, 2010
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http://www.spiegel.de/sport/sonst/0,1518,749703,00.html
German astonishment over Fuentes' assignment by LasPAlmas soccer club.

Not that the german press is representative of global sentiments, but they can't be accused of an anti-spanish bias either.
At best, you can accuse them of an anti-doping bias, which is probably why this is making headlines in germany.

http://www.spiegel.de/fotostrecke/fotostrecke-62643-7.html

by the way, I didn't know that Lissavetzky, political AC advisor, was also a big Valverde supporter. Doesn't look good for AC, you would say.
Good thing his bankaccount hasn't dried up yet.

I guess even the AC lovers out here must admit that with a little bit less dough on his bankaccount, we wouldn't be seeing much of AC in the next two years.
 
Sep 30, 2010
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sniper said:
I guess even the AC lovers out here must admit that with a little bit less dough on his bankaccount, we wouldn't be seeing much of AC in the next two years.

Not that I am an AC-lover (although I aprobably an according to most, beacuse I am clearlt not an AC-hater), but I'll bite.

Are you catually implying that is it is good that you need very deep pockets to fight a doping suspension? :rolleyes: To me that is another piece of evidence with everything that is wrong with doping witch hunt.

Any legal system should enable people defending themselves against accusations even if they are not very rich. Again it is not unfair that AC managed to fund a good defense and got off (for the time being), it is unfair that others cannot mount a similar defense because it is simply made too expensive. Justice is served best when the system is accesible for all and not only the very rich.

Regards
GJ
 
BroDeal said:
We can call it the Sherlock Holmes defense. “When you have eliminated the impossible, whatever remains, however improbable, must be the truth.”

We wouldn't be following this at all had it been some little fish, which is more indicative of the judicial process if nothing else.

PS. Regards GJ
 
Oct 16, 2010
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GJB123 said:
Not that I am an AC-lover (although I aprobably an according to most, beacuse I am clearlt not an AC-hater), but I'll bite.

Are you catually implying that is it is good that you need very deep pockets to fight a doping suspension? :rolleyes: To me that is another piece of evidence with everything that is wrong with doping witch hunt.

Any legal system should enable people defending themselves against accusations even if they are not very rich. Again it is not unfair that AC managed to fund a good defense and got off (for the time being), it is unfair that others cannot mount a similar defense because it is simply made too expensive. Justice is served best when the system is accesible for all and not only the very rich.

Regards
GJ

hm.. interesting point. I like the communist idea behind it.
But what about Ovtcharov? Doesn't his case show that the system actually works as well as how the system should work?
I don't remember the guy hiring any bigshot lawyers.
All he did was make a more than plausible case for an accidental CLEN-ingestion.
 
Jun 10, 2010
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I think you guys are letting the level of the discussion drop by entrenching yourselves in your positions.

Contador's defense is perfectly sound and logical: if it can be established that the clen positive couldn't be the result of a blood transfusion (or any other doping practice), then yes, he should walk away unscathed. The Sherlock Holmes defense is perfectly fine - the alternative would be punishing riders even if we knew for a fact they were completely innocent (no fault or negligence of their own).

The issue should be whether Contador has actually proved that a blood transfusion must be ruled out as the origin of the clen. The RFEC says he has, and we won't know until we see the doctor's report but we have reason to suspect that's bogus. That's what you guys should be criticizing, not the Sherlock Holmes defense which makes perfect sense.
 
sniper said:
hm.. interesting point. I like the communist idea behind it.
But what about Ovtcharov? Doesn't his case show that the system actually works as well as how the system should work?
I don't remember the guy hiring any bigshot lawyers.
All he did was make a more than plausible case for an accidental CLEN-ingestion.

Yes but in the real world, his is an exception that merely confirms the rule.
 
hrotha said:
I think you guys are letting the level of the discussion drop by entrenching yourselves in your positions.

Contador's defense is perfectly sound and logical: if it can be established that the clen positive couldn't be the result of a blood transfusion (or any other doping practice), then yes, he should walk away unscathed. The Sherlock Holmes defense is perfectly fine - the alternative would be punishing riders even if we knew for a fact they were completely innocent (no fault or negligence of their own).

The issue should be whether Contador has actually proved that a blood transfusion must be ruled out as the origin of the clen. The RFEC says he has, and we won't know until we see the doctor's report but we have reason to suspect that's bogus. That's what you guys should be criticizing, not the Sherlock Holmes defense which makes perfect sense.

They're all doped, let them do their jobs.
 
Oct 16, 2010
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hrotha said:
I think you guys are letting the level of the discussion drop by entrenching yourselves in your positions.

Contador's defense is perfectly sound and logical: if it can be established that the clen positive couldn't be the result of a blood transfusion (or any other doping practice), then yes, he should walk away unscathed. The Sherlock Holmes defense is perfectly fine - the alternative would be punishing riders even if we knew for a fact they were completely innocent (no fault or negligence of their own).

The issue should be whether Contador has actually proved that a blood transfusion must be ruled out as the origin of the clen. The RFEC says he has, and we won't know until we see the doctor's report but we have reason to suspect that's bogus. That's what you guys should be criticizing, not the Sherlock Holmes defense which makes perfect sense.

you're right, hrotha, I agree.

But honestly, I can see only two ways in which AC may have been able to rule out a bloodtransfusion: either by manipulating the data, or by bribing the RFEC. And I can see only one way for AC to avoid a CAS sanction, which is by a technicality.
He may walk, but my lord, what a bad joke that would be. Guess Kimmage has said it all.
Or have I been reading too many jealous, anti-Spain-biassed German newspapers?

Anyway, we can make a list of people who, if AC is really innocent, have either been lying or can at least be accused of unjustly diffamating AC:

-me
-HUMO
-McQuaid
-Etxebarría
-Floyd
-Jaksche
-Kimmage
-the German quality press (i.e. not the Bild, but rather Spiegel and Sueddeutsche, etc.)
-Ovtcharov

so who was AC going to sue for diffamation again?
 
Dec 7, 2010
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Why would the people handling the ToyPistol not advise him to have a hair test? That would help him out to prove that he ate the MEAT and it had clen.

Seems like to the man on the street he and his defense team did not do enough or anything to prove he did not receive clen from a transfusion. If that is the true smell of things then it will get ugly for him against the UCI or WADA appeal. Of course we still do not know if they will appeal. In my opinion that is not a lock that these asshats will actually appeal the decision.
 

flicker

BANNED
Aug 17, 2009
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I am happy the Bio- Passport ban has been upheld on Mr. Pelozzoti.
I am totally in support of the bio-passport testing and support Dr. Massimo Testa in his evaluation of bio-passport testing. Hopefully a precedence will be established when a big name rider receives a ban strictly upon his positive test, specifically Mr. Pelozzoti.
 
Sep 30, 2010
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sniper said:
true, but IIRC, he threatened to sue a couple of diffamators.

People say stupid things in the heat of the moment. You of all people should know. ;)

I think a quiet talk with his legal counsel conviinced him otherwise.

Regards
GJ
 
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