Mosquera's comeback?

[rantanplan]

http://www.biciciclismo.com/cas/site/noticias-ficha.asp?id=36693

"OFFICIAL PRESS RELEASE-EZEQUIEL MOSQUERA

...

Now, more than five months after this day, I write this press release with two goals: first of all, to request that my file will be closed and secondly to explain some very important details.

1. In my career I did many many doping controls. In one of these many doping controls during the Tour of Spain 2010 the authorities detected HES (Hydroxyethyl starch).
.
.
.
10. Finally I want to thank my team: Vacansoleil-DCM, the team for which I signed but not yet raced for. I want to thank them for their trust because they took the position of assessing my situation after the authorities take their decision.

Considering this explanations and now three months after my allegations, I think that the most right and logical option is to close the case. By closing the case now it avoids more damage for my reputation, the reputation of cycling and it avoids more uncertainty for my team and family.

Ezequiel Mosquera

http://www.biciciclismo.com/cas/site/noticias-ficha.asp?id=36693

 

[Kodiak]

if they don't plan on a sanction, let the man race. He's got a family to provide for.

 

[Ferminal]

Moved to The Clinic, also please remember to only copy/paste a portion of news articles (people can click on the link to see the full text).

 

[rantanplan]

Moved to The Clinic, also please remember to only copy/paste a portion of news articles (people can click on the link to see the full text).

Sorry, i'm new here

 

[hrotha]

Frankly, this press release is bull.

He doesn't say anything about how the hydroxyethyl starch got into his body, he didn't even prove he didn't get it intravenously. Contrary to what he says, hydroxyethyl *is* a masking agent: it's a plasma expander, so it helps conceal the use of EPO or blood transfusions, not the direct evidence of EPO, which when microdosed is very hard to detect anyway. It's full of half truths and doesn't add anything new.

Now, according to the rules I think he has to be cleared to ride, but this press release convinces me even more that he's guilty.

 

[theswordsman]

He had a substance in his body that isn't performance enhancing and is only illegal if it was injected. They haven't found anything else, even at the Cologne lab. And why would he inject something that wasn't performance enhancing? So, with no real proof of anything, or even a suspension, the guy's name has been dragged through the mud for months. The investigation doesn't seem to exist. And people here are judging him guilty because of his wording?

If he did something wrong, they should prove it in a timely manner or set him free. No behind the scenes arm-twisting of a team McQuaid continues to disparage in the media. He's allowed to race, and Vacansoleil should let him do it until someone says he can't.

 

[BroDeal]

Moved to The Clinic, also please remember to only copy/paste a portion of news articles (people can click on the link to see the full text).

It seems to me that there is no copyright issue with a press release unless Biciclismo did the translation from Spanish

So what was the reason for not sanctioning him? You don't eat a tainted steak and end up with HES in you samples.

Vacansoleil sure knows how to pick them..

 

[biopass]

He doesn't say anything about how the hydroxyethyl starch got into his body, he didn't even prove he didn't get it intravenously. Contrary to what he says, hydroxyethyl *is* a masking agent: it's a plasma expander, so it helps conceal the use of EPO or blood transfusions, not the direct evidence of EPO, which when microdosed is very hard to detect anyway. It's full of half truths and doesn't add anything new.

More important, it fools the biological passport as a result of lower bloodvalues.

Why Vacan is letting him ride when they fired Ricco for rumors alone is beyond logic.

 

[hrotha]

And why would he inject something that wasn't performance enhancing? So, with no real proof of anything, or even a suspension, the guy's name has been dragged through the mud for months. The investigation doesn't seem to exist. And people here are judging him guilty because of his wording?

Hello, masking agent. They aren't performance enhacing, they make performance enhancing stuff more difficult to detect.

As for why we're judging him guilty: positive for a plasma expander, no alternative explanation as to how it popped up in his test, positive for the same plasma expander + EPO for a teammate, rode for Pino.

It seems to me that there is no copyright issue with a press release unless Biciclismo did the translation from Spanish

So what was the reason for not sanctioning him? You don't eat a tainted steak and end up with HES in you samples.

Vacansoleil sure knows how to pick them..

Hydroxyethyl starch is only banned if it's taken intravenously, according to the WADA code. No one has explained how this substance could have got into Mosquera's body aside from intravenously, and indeed according to this dude suggests that's the only way for the substance to show up in a test, but apparently it hasn't been proved that he took it intravenously (and some sources claim the Cologne lab ruled that possibility out). I imagine the code is kind of obsolete, poorly redacted, there's a legal loophole and Mosquera is going to get off on a technicality.

Why Vacan is letting him ride when they fired Ricco for rumors alone is beyond logic.

Vacan isn't letting him ride, even though legally they could. If they fired him, as things stand now, I imagine they could get into legal trouble.

 

[Libertine Seguros]

But the point is, Vacan are NOT letting him ride, they're keeping him off the road until they know if he'll be sanctioned.

He's basically saying, are you going to charge me or not? Don't hold me in this stupid limbo where I can't ride but I'm not charged.

Remember that Óscar Sevilla is in a similar position, but isn't being kept from the road by his team. Mosquera is maybe trying to call the authorities' bluff; or just pleading at them to get on with it so that he can either have enough time to return from his ban, or to get on with it so he can get back on the road as soon as possible; he doesn't want to go through what Pellizotti has.

Do I think Mosquera doped? Sure, as far as I'm concerned the test is there to prove it. But there's a bit of a cloud around the HES positives when it comes to punishing them, obviously. At least García was kind enough to do enough EPO to be detectable on re-testing. But if he's doped and you can nail him, then get on with punishing him. If you can't nail him, stop dithering on the decision.

 

[Kwibus]

It's ridiculous that all of this has to take this long. We know they found HES in his body since October 2010 I think and since we know that it's quiet.... nothing happens..

Deal with him or let him ride.

 

[thirteen]

Deal with him or let him ride.

another vote for this! this is just getting stupid

 

[BroDeal]

another vote for this! this is just getting stupid

He could confess, cooperate, and only have to serve a ban of another six months.

 

[hrotha]

It's ridiculous that all of this has to take this long. We know they found HES in his body since October 2010 I think and since we know that it's quiet.... nothing happens..

Deal with him or let him ride.

That's an admirable sentiment, but it's complicated. They know Mosquera doped, but the law appears to be on his side. They're presumably looking for a legal way to suspend him. Personally I hope they take as long as needed, within reason.

 

[skippy]

Mosquera's comeback is long overdue IF he has not done any thing wrong !

Problem is that the authorities forget to post letters so that some get to ride when perhaps they should be under suspension .

Sporting Fraud deserves harsh treatment but there is either a case to answer and Prompt Action by the relevant authorities or the racer should be allowed to continue to earn their living .

 

[spalco]

Regardless of what he did or didn't do, he has a legitmate grievance here. You can't just leave a rider in limbo in a situation like this; even criminals deserve due process and transparency about what's going on. What's taking the UCI so long to make a decision?

 

[ttrider]

This is a special case in a way because the law is simply wrong, everyone is 99% sure what he did and there is no other explanation for the failed test and his past only adds to this. Vacansoliel bought him on the off chance hed be released and ride for them despite knowing full well he was probably staring down the barrel

I have no problem with him being banned with no hearing the law will be changed and everyone including his own team knows what he did, living on a technicality is bad for the sport as if he does anything worthwhile everyone will simply say another dirty cyclist, best to blacklist him and quietly forget the accident that was letting him race outside of Portugal in meaningful races

 

[Libertine Seguros]

Vacansoleil signed him during the Vuelta, before the positive was announced.

Why should Mosquera be sitting around doing nothing, not knowing whether he'll be banned or not, while Óscar Sevilla can ride? Same crime. Sure, everyone knows what he did... but that's no reason to ban somebody without a hearing, because then the prosecution can't make their case either. And then, what do you do with a case like Rui and Mario Costa, who actually were innocent?

I mean, you know, at least David García knows what the situation is.

 

[ttrider]

Vacansoleil signed him during the Vuelta, before the positive was announced.

Why should Mosquera be sitting around doing nothing, not knowing whether he'll be banned or not, while Óscar Sevilla can ride? Same crime. Sure, everyone knows what he did... but that's no reason to ban somebody without a hearing, because then the prosecution can't make their case either. And then, what do you do with a case like Rui and Mario Costa, who actually were innocent?

I mean, you know, at least David García knows what the situation is.

Yeah but David Garcia took EPO therefore bye bye
Mosquera given what he took probably did as well good riddence
yeah it is a shame about sevilla but hes not going to race a grand tour or world tour event any time soon so although its inconvenient that hes still riding i dont care
Rui and Maria straight away provided a very good and indeed correct reason and now they are racing again, Mosquera has never bothered to even attempt an explanation and is so clearly quilty that he deserves a ban its just unfortunate the laws wont allow this, as with the theory of second best...the next best alternative to provide a fair sport is to leave him in the cold

 

[biopass]

Vacan isn't letting him ride, even though legally they could. If they fired him, as things stand now, I imagine they could get into legal trouble.

Im sorry i just got the impression he´s gonna ride for his new team.

But yea, to put it in short, ban him for messing with his bloodvalues.

 

[Libertine Seguros]

Yeah but David Garcia took EPO therefore bye bye
Mosquera given what he took probably did as well good riddence
yeah it is a shame about sevilla but hes not going to race a grand tour or world tour event any time soon so although its inconvenient that hes still riding i dont care
Rui and Maria straight away provided a very good and indeed correct reason and now they are racing again, Mosquera has never bothered to even attempt an explanation and is so clearly quilty that he deserves a ban its just unfortunate the laws wont allow this, as with the theory of second best...the next best alternative to provide a fair sport is to leave him in the cold

But Rui and Mario aren't racing again. They don't have teams. Nobody would give them a ride with the ban over their head, and still people like di Luca come back.

If Mosquera is so clearly guilty, then they should charge him, find him guilty and be done with it, rather than leave him in the dark like this.

If they can't find him guilty and be done with it... why not? I mean, we have a positive test and everything, so something must be up with the rules.

It's Mosquera's fault he tested positive. It's not Mosquera's fault that the authorities have sat around for six months deciding whether to punish him or not. He has every right to ask them to hurry up, because if they, for whatever reason, decide NOT to punish him, he's lost six months of his career. If they decide they DO punish him, then at least he knows. I mean, he's not even provisionally suspended, just being kept off the road.

I'm getting the feeling that because of some useless legal wrangle, they can't nail him on the HES alone so they're trying to protract it out for a year or more so that they can treat that as a ban. He probably knows this, and wants to force their hand because if they can't formulate a reason to ban him on what they have, then all they're doing is filibustering.

Did you think it was fair when Alejandro Valverde was filibustering the UCI, CONI and CAS in order to stay on the bike? It's no more fair that the UCI are filibustering to keep Ezequiel Mosquera off it. Just that you stand on the other side of the fence when judging the people doing the filibustering.

If they can't find a reason to charge Ezequiel Mosquera, that raises two questions:
1) why not, considering he's tested positive? Means something's up with the rules
2) if he's not being charged, why is he still being 'held'?

If they can find a reason to charge Ezequiel Mosquera, that raises only one question, but it's a bigger one:
1) why haven't they charged him?

 

[Highlander]

If Mosquera is so clearly guilty, then they should charge him, find him guilty and be done with it, rather than leave him in the dark like this.

If they can't find him guilty and be done with it... why not? I mean, we have a positive test and everything, so something must be up with the rules.

It's Mosquera's fault he tested positive. It's not Mosquera's fault that the authorities have sat around for six months deciding whether to punish him or not. He has every right to ask them to hurry up, because if they, for whatever reason, decide NOT to punish him, he's lost six months of his career. If they decide they DO punish him, then at least he knows. I mean, he's not even provisionally suspended, just being kept off the road.

I totally agree. I don't understand why charging a rider can be put off nearly indefinitely and they expect the rider to just sit at home and wait. Either charge him with a doping violation or let him race.

 

[webvan]

+1

Still the rules need to be changed to ban riders caught with masking agents alone, if not why even look for them!

 

[skippy]

Since when have masking agents been legal ?

Masking agents are part of "Sporting Fraud" , where in the UCIless regs are they allowed ?

Mc Quaid et alia GET OFF THE FENCE , make the rulebook 100% correct and ACT in a timely fashion ! At present you look "Toothless and Gutless"!

Mc Quaid said he wants 4 yr suspensions and since then ALL we see are 2yr bans . Can we have consistency PLEASE ?

Justice delayed is Justice denied !

 

[skippy]

16th March 2011 i wrote about " Mosquera " and today i see that the 2011 Vuelta is about to be run with him sitting at home thanks to the gang at "UCI " and their lack of diligence in resolving the issues raised by their " Testing Regime "!

Of course it is someone else's fault that they sat on their **** for more than five months , ISN'T IT ? Pass the parcel is in effect once again !

Currently visiting the World Masters Cycling Federation which is untainted by the "U seless C harlies I ncorporated " !