Official Alberto Contador hearing thread

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Polish

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Interesting points by Merckx index, BroDeal, and others.
Wonder how this case will play out....
Is it a secret hearing like a Grand Jury in the US?
Or will reporters be allowed in the room to fill us in?
Seems they let some photogs in the room. Can they talk?

Merckx index said:
From CN:

We've been over this before. Different pharmacokinetics can account for this. The discrepancy does NOT mean that DEHP and CB could not have entered his system at the same time.

The DEHP test is a real wild card. WADA doesn't want to fund it any more, but that may be because the cat--or should I say, the blood?--is out of the bag. Riders are forewarned and will avoid using bags with DEHP. That doesn't necessarily mean they won't use the test on Bert. I'm intrigued by the fact that Bert has retained a DEHP expert, I would think going in he would know if WADA planned to raise this issue or not, so it seems to indicate they will.



He was notified on Aug. 24 according to a CN story last year. But the real point is that according to the WADA code, the ban begins when he accepts the suspension, which was around the end of September. Unless--and again, see WADA passages I quoted earlier in this thread--CAS decides to backdate, in which case they could begin the ban as early as July, when the samples were taken. My bet is they will do this if Bert is banned, as in that case they will want to ease the consequences of the ban as much as legally possible. If CAS rules any kind of ban, I think everyone lined up against Bert will be in a very generous mood wrt terms.

GJB, wrt your question about why Bert was not previously sanctioned for his May results: A Hb spike by itself, though very suspicious, does not necessarily trigger a red flag. The passport is based on the relationship of several blood parameters, and possibly the Hb spike was in effect balanced to some extent by other factors. And/or he could have been called in, re-tested, and found to have normal values. We've seen how long it has taken to make passport abnormalities stick for a sanction on a couple of riders. One Hb spike, in isolation, no matter how suspicious, could not get a rider much more than extra attention. I'm assuming that the spike was the only curious thing about his numbers at that time.

As Python and LMG have explained, if he didn't withdraw and freeze blood, he would have had to make regular withdrawals and transfusions throughout the season, so he could have transfused in May. However, in that case, a transfusion should have immediately followed withdrawal, so one would not expect much of a spike. The purpose of transfusing at that point is just to replace the blood withdrawn, and also to suppress the increase in reticulocytes that is triggered by withdrawal (there is no drug you can take to suppress reticulocyte synthesis, unlike the EPO used to stimulate it, so withdrawal is the most vulnerable aspect of the cycle for the doper). So I rather doubt that a Hb spike could be explained by a withdrawal/transfusion cycle.

I think that spike is very curious, and possibly could have a pathological cause, though I'm not sure what. Another poster suggested it might have resulted from a mistake, such as overuse of EPO. That is possible, too, as following transfusion, retics are suppressed, and EPO is used to stimulate them a little. Depending on how long after withdrawal transfusion takes place, transfusion could suppress reticulocytes well below the established passport baseline, which would necessitate taking EPO. But if the rider does that, then he runs the risk of raising Hb above normal levels, since the transfusion alone brings him back to normal levels. I'm not certain of this scenario, it depends on timing and other factors, but it is one possible explanation.

BroDeal said:
No one is going to prove a transfusion. WADA will only try to show that a transfusion is more likely than contamination, presumably by having Ashenden testify about Contador's bio passport values.

The danger seems to me to be that a well prepared and aggressive defense armed with bio passport-like data from other athletes (or non-athletes for that matter) could be used to attack Ashenden and the bio passport. The UCI suspicion list has Contador at a five, so his data will be inconclusive or borderline suspicious. If the process allows it, Ashenden could be raked over the coals by forcing him to answer questions about other people's data. If you hand him six non-extreme cases, can he reliably pick out the one belonging to a person who had a small transfusion? How confident can he be about small variations that could be natural? What type of false positive rate does his opinion have? Has the bio passport committe even studied the issue false positives with middle of the road profiles? The defense should be looking to back him into a corner and force an admission that in borderline cases his opinion is weakly supported by research and is not much more than a guess.
 

Dr. Maserati

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BroDeal said:
No one is going to prove a transfusion. WADA will only try to show that a transfusion is more likely than contamination, presumably by having Ashenden testify about Contador's bio passport values.

The danger seems to me to be that a well prepared and aggressive defense armed with bio passport-like data from other athletes (or non-athletes for that matter) could be used to attack Ashenden and the bio passport. The UCI suspicion list has Contador at a five, so his data will be inconclusive or borderline suspicious. If the process allows it, Ashenden could be raked over the coals by forcing him to answer questions about other people's data. If you hand him six non-extreme cases, can he reliably pick out the one belonging to a person who had a small transfusion? How confident can he be about small variations that could be natural? What type of false positive rate does his opinion have? Has the bio passport committe even studied the issue false positives with middle of the road profiles? The defense should be looking to back him into a corner and force an admission that in borderline cases his opinion is weakly supported by research and is not much more than a guess.

I think this is more a case of getting their retaliation in first. :eek:
I would anticipate Contadors defense to include dismissing or showing how unlikely it is to have clenbuterol in your system through microdose or from an infusion. Therefore leaving the only possibility as food contamination.

Having experts lined up to show that possibility is a prudent move by WADA.
 

Dr. Maserati

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Maxiton said:
That brings up a distinct if perhaps unlikely possibility we haven't discussed: a lifetime ban. To me, that would be very sad. If it does happen, I predict smiles all around in Austin, plus the uncorking of a few champagne bottles.
There is a possibility of a 4 year ban within the rules - but it has not been applied to anyone yet for a first offence, even if he is sanctioned I would not expect him to get that long.


Maxiton said:
Regarding why he would have transfused with Clen tainted blood, since he'd have to have known it was tainted: I don't think you realize just how minute the amount was. Going by their (Contador and his people) previous experience and the standard operating procedures (and the regular lab), the blood was clean and Clen-free. It was only the Cologne lab that detected this microscopic amount. If they subjected everyone's blood to such scrutiny, almost every rider would fail.
Careful - Cologne tested over 13,000 samples in 2010.
If traces that small were in the general sporting population there would have been an enormous increase in positives.

Also - those 10 samples that were sent from the 2010 TdF to Cologne were from target tested riders - it was done so for the very reason that Cologne were able to do better testing.
 
Oct 30, 2011
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Polish said:
Interesting points by Merckx index, BroDeal, and others.
Wonder how this case will play out....
Is it a secret hearing like a Grand Jury in the US?
Or will reporters be allowed in the room to fill us in?
Seems they let some photogs in the room. Can they talk?

Who enforces the secret, if it is one?
 
May 14, 2010
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Dr. Maserati said:
There is a possibility of a 4 year ban within the rules - but it has not been applied to anyone yet for a first offence, even if he is sanctioned I would not expect him to get that long.

Good to know.

Careful - Cologne tested over 13,000 samples in 2010.
If traces that small were in the general sporting population there would have been an enormous increase in positives.

Also - those 10 samples that were sent from the 2010 TdF to Cologne were from target tested riders - it was done so for the very reason that Cologne were able to do better testing.

Thanks. I stand corrected. The question remains, however, on what basis Contador was targeted. I mean, if he was "5" on his bio-passport.
 

Dr. Maserati

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Maxiton said:
Good to know.



Thanks. I stand corrected. The question remains, however, on what basis Contador was targeted. I mean, if he was "5" on his bio-passport.

The 2010 Tour was when WADA sent in Independent Observers to monitor the Tour as AFLD would not trust the UCI with information on target testing.

WADA set it up that if AFLD had someone to target test to inform them and they would release that information to the UCI testers to conduct their tests.
 
Oct 30, 2011
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Maxiton said:
Good to know.



Thanks. I stand corrected. The question remains, however, on what basis Contador was targeted. I mean, if he was "5" on his bio-passport.

Well, the UCI had their suspicion list, didn't they? I'm sure a few inside the organisation keep their ears to the ground, and hear a few rumours. There's also another very good reason to target him - he was the winner. Ultimately taking Bernie Eisel's 150th place spot from him is of little consequence, to make it meaningful, you've got to target at the top.
 

Polish

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Caruut said:
Who enforces the secret, if it is one?

Good question.
Phil and Paul?

Anyway, seems the hearing is confidential, crap:

Are the arbitration proceedings confidential ?
The ordinary arbitration procedure is confidential. The parties, arbitrators and CAS staff are obliged not to disclose any information connected with the dispute.

In principle, awards are not published. The appeals arbitration procedure does not specify particular rules of confidentiality, but the arbitrators and CAS staff have a similar duty of confidentiality during the proceedings. Generally speaking, unless the parties agree otherwise, the award may be published by the CAS.

http://www.tas-cas.org/en/20questions.asp/4-3-229-1010-4-1-1/5-0-1010-13-0-0/
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Oct 30, 2011
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Polish said:
Good question.
Phil and Paul?

Anyway, seems the hearing is confidential, crap:

Dunno if it would have made much news outside the UK, but there was a sex story on the footballer Ryan Giggs, who essentially got a gagging order preventing anyone from reporting it was him in the story.

It worked great for about a week, then about a million people posted who it was on Twitter and it all became a farce. Obviously scandalous gossip on a footballer will generate more coverage than a cyclist getting banned, but you can imagine that a secret that big would find its way out pretty quickly.
 
Jul 28, 2011
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Merckx index said:
The DEHP test is a real wild card. WADA doesn't want to fund it any more, but that may be because the cat--or should I say, the blood?--is out of the bag. Riders are forewarned and will avoid using bags with DEHP. That doesn't necessarily mean they won't use the test on Bert. I'm intrigued by the fact that Bert has retained a DEHP expert, I would think going in he would know if WADA planned to raise this issue or not, so it seems to indicate they will.

I’m certainly no expert on this but I’m led to believe from a few medical research acquaintances that DEHP can enter the body through a number of other sources other than blood bags. I’m sure AC’s expert will be able to shed more light on this but in my mind its currently not adding much weight to WADAs view of what happened.
 
Sep 25, 2009
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Dr. Maserati said:
From the RFEC decision:
i saw that statement before and wondered the same. however, that statement from rfec ruling is not specifically stating what you claimed - that pre-positive contador's samples were tested by lausanne.

both laboratories were involved in testing contador. lausanne almost certainly tested most, if not all his BLOOD samples and cologne received most if not all his urine samples.

the most important negative urine test that i was referring to - the one a day before the positive on 21 july - was also alleged to be tested for plasticizers by the cologne.

it is highly unlikely that the same urine sample from 20 july would be tested by 2 different laboratories.
 
Jul 27, 2010
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He doesn't have to have lots of CB in his system, how much Clen would you have to take to help lose a Kilo or 2? How much of that would show up in a test?

A typical dose would probably be 50-100 ug, daily for a week or two. We discussed transfusion vs. contamination thoroughly here before. Transfusion of blood following a single dose that large could account for Bert’s urine level, and if he took CB daily for several days or a week, a lesser amount would do it.

Remember the positive tests were from Cologne lab which can find smaller traces than some other laboratory's.

Yes I noted that in my original post. Still would think a rider would be more careful. But it’s probably always a mistake to overestimate how careful an athlete will be in avoiding a positive.

The 26th August was the date accepted by RFEC in their resolution.

Was that date in the RFEC report as the beginning of the suspension? I missed that, my bad.

He is currently not suspended so I am not sure where you are getting your scenario's from. If he is suspended then I would expect the 5 and a half months already served (Aug'10- Feb'11) to be taken off.

No he is not currently suspended, but if he is banned they could as noted upthread begin the ban on the date the samples tested positive, which would mean he is in effect banned now. Under this scenario he would lose all his 2011 results. I don’t see how he could lose those results unless the ban extended through the 2011 season, which means it would end (2 year) sometime next summer.

The alternative would be to begin two years minus the five and a half months after CAS announces the decision, but then wouldn’t Bert be allowed to keep the 2011 results? Are you seriously suggesting this? Not that I know, but I would have thought the 2011 results would have to go.

No one is going to prove a transfusion. WADA will only try to show that a transfusion is more likely than contamination, presumably by having Ashenden testify about Contador's bio passport values.

Yes and no. You’re right that no one is going to prove a transfusion slam-dunk, 100%. But the same can be said about CB, no one is going to prove slam dunk that it wasn’t meat contamination. The point is that whatever preponderance of evidence allows one to conclude it was not contaminated meat is also going to allow one to conclude that it was transfusion. And if that evidence is good enough to sanction him for CB, it is also good enough to sanction him for transfusion.

Both sides have painted themselves into this corner. The two scenarios are joined at the hip now. You can’t reasonably conclude that Bert did not eat contaminated meat without also reasonably concluding that he transfused. This was spelled out in the RFEC decision.

If the process allows it, Ashenden could be raked over the coals by forcing him to answer questions about other people's data. If you hand him six non-extreme cases, can he reliably pick out the one belonging to a person who had a small transfusion? How confident can he be about small variations that could be natural? What type of false positive rate does his opinion have? Has the bio passport committe even studied the issue of false positives with middle of the road profiles? The defense should be looking to back him into a corner and force an admission that in borderline cases his opinion is weakly supported by research and not much more than a guess.

Ashenden himself has published papers, which I linked here earlier, concluding that you can’t use the passport to establish blood doping. He would be a good witness to demolish Bert’s claim (made before RFEC) that his passport rules out blood doping. IOW, that the passport cannot be used to prove a negative. If he does try to go further, and suggest that Bert’s passport does suggest blood doping, I agree he will have a tough time—unless he has access to some very unusual numbers. But he really shouldn’t have to do that. Again, it’s up to Bert to prove he didn’t transfuse.

I would anticipate Contadors defense to include dismissing or showing how unlikely it is to have clenbuterol in your system through microdose or from an infusion. Therefore leaving the only possibility as food contamination.

Having experts lined up to show that possibility is a prudent move by WADA.

Bert will lose on that argument. Transfusion can indeed account for the amount of CB in his system. Thoroughly discussed here before.

The only possibility helping him I see here is evidence that CB is unstable when stored in blood. I have tried very hard to find studies of this, but the closest I have seen are studies showing it is stable in refrigerated tissues like liver. It would be a very easy thing to test, and Bert should have done this, because if the results were negative—i.e., if CB turned out to be quite stable in refrigerated blood, as it most likely is—it wouldn’t add to the evidence he was guilty (unlike, for example, a positive hair test, which would really hurt him). IOW, a nothing to lose move.

Careful - Cologne tested over 13,000 samples in 2010.
If traces that small were in the general sporting population there would have been an enormous increase in positives.

They did? For CB? Or how many for CB? I would be very interested to see those data. Do you have a link?

I’m certainly no expert on this but I’m led to believe from a few medical research acquaintances that DEHP can enter the body through a number of other sources other than blood bags. I’m sure AC’s expert will be able to shed more light on this but in my mind its currently not adding much weight to WADAs view of what happened.

Discussed here before. Studies involving thousands of subjects have shown that virtually everyone has detectable levels of DEHP metabolites in their urine. But the levels seen within forty-eight hours of a transfusion are very high, very rarely seen in individuals who did not transfuse. IOW, false positives appear to be on the order of one in a thousand.
 
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Merckx index said:
Yes and no. You’re right that no one is going to prove a transfusion slam-dunk, 100%. But the same can be said about CB, no one is going to prove slam dunk that it wasn’t meat contamination. The point is that whatever preponderance of evidence allows one to conclude it was not contaminated meat is also going to allow one to conclude that it was transfusion. And if that evidence is good enough to sanction him for CB, it is also good enough to sanction him for transfusion.

Both sides have painted themselves into this corner. The two scenarios are joined at the hip now. You can’t reasonably conclude that Bert did not eat contaminated meat without also reasonably concluding that he transfused. This was spelled out in the RFEC decision.

I think you are getting this one wrong. If they show transfusion is more likely than food contamination, they are still a long way off in proving he actually did transfuse. The burden of proof for that is lot higher than mere probability. So a sanction for CB does not make a sanction for transfusion a given. All they aim to establish is that food contamination is not the most likely reason for the CB-prositive without ruling contamination out completeley (there is no need for that). Most lawyers will just try to meet the burden of proof they have bene goven. They are not prone to go for a slam dunk if a neat two points will also do. I think you are reading way too much into this.

Regards
GJ
 
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Merckx index said:
No he is not currently suspended, but if he is banned they could as noted upthread begin the ban on the date the samples tested positive, which would mean he is in effect banned now. Under this scenario he would lose all his 2011 results. I don’t see how he could lose those results unless the ban extended through the 2011 season, which means it would end (2 year) sometime next summer.

The alternative would be to begin two years minus the five and a half months after CAS announces the decision, but then wouldn’t Bert be allowed to keep the 2011 results? Are you seriously suggesting this? Not that I know, but I would have thought the 2011 results would have to go.
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This is how I see it.

Whatever happens, if they rule against him, the 2010 Tour is gone.

If they want to wipe him from any further results i.e. 2011, that should be considered as "time served".

So if CAS give a two year ban, and wipe all results, you would think that means he is back in August/September 2012.

A two year ban, only wiping the 2010 Tour, would be two years from the verdict, minus (probably) the length of the RFEC proceedings. That would make it some time in 2013.

If they deliver a lesser sentence, adjust accordingly.
 
Aug 6, 2011
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I think this case is a perfect test for the system. As we have seen in this thread, various probable outcomes are explored and laid against the rules. It would be nice if someone with the least bit of understanding of the regulations would come up with a list of the possible bans and the case needed to justify that decision. What I've read so far is that a one-year ban would be very unusual given the regulations and Iuris Prudentia and would therefore for me require a good argument. If true, the only justifiable decisions would be no ban, two years or maybe even a four year of lifetime ban. When exactly would a four year or lifetime ban be justified according to regulations?
 
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WillemS said:
I think this case is a perfect test for the system. As we have seen in this thread, various probable outcomes are explored and laid against the rules. It would be nice if someone with the least bit of understanding of the regulations would come up with a list of the possible bans and the case needed to justify that decision. What I've read so far is that a one-year ban would be very unusual given the regulations and Iuris Prudentia and would therefore for me require a good argument. If true, the only justifiable decisions would be no ban, two years or maybe even a four year of lifetime ban. When exactly would a four year or lifetime ban be justified according to regulations?

A longer ban would require proof of other doping offences and, most importantly, a charge with those doping offences and that charge for other doping offences should have gone through all the proper channels (being herad in Spain before coming in formt of CAS). So I think it is safe to assume that only the CB-case will be heard, dealt with and any sanctions will come from that case and no others. Anything else would be a big surprise indeed.

Regards
GJ
 
Jun 10, 2010
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http://www.elpais.com/articulo/depo...clembuterol/elpepidep/20111122elpepidep_1/Tes

WADA's hypothesis, according to El País:
La acusación dibuja el caso de una persona que se inyecta durante tres semanas dosis diarias de 200 microgramos de clembuterol y que 24 horas después de la última se extrae sangre, la divide por aféresis en plasma y glóbulos rojos y varias semanas después se reinfunde 200 mililitros de plasma. Si pesara unos 66 kilos y orinara cada tres horas poco más de un litro diario, en su orina se encontrarían entre 12 y 24 horas después de la reinfusión unos 50 picogramos de clembuterol, que es la cantidad que se halló en Contador. Según esta teoría, Contador se haría una transfusión el día 20, el día que subieron los plastificantes en su orina, y el día 21, el día del clembuterol, para diluir la sangre y bajar la hemoglobina se habría reinfundido el plasma.
 

Dr. Maserati

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python said:
i saw that statement before and wondered the same. however, that statement from rfec ruling is not specifically stating what you claimed - that pre-positive contador's samples were tested by lausanne.

both laboratories were involved in testing contador. lausanne almost certainly tested most, if not all his BLOOD samples and cologne received most if not all his urine samples.

That is exactly what it states:
As set forth in these Proceedings, the cyclist underwent seven consecutive tests during the international event called "Tour de France 2010" according to the analysis performed at the "Institut fur Biochemie, Cologne" and the "Laboratory of Lausanne." In the latter there was a negative finding in urine samples of 5, 12, 19, and 20 July 2010, and a positive finding for
Clenbuterol, which led to the initiation of these Proceedings, in those of the days 21 July 2010 (50 pg / ml), 22 July 2010 (16pg/ml), 24 July 2010 (7pg/ml) and 25 July 2010 (17 pg / ml) in samples analyzed in Cologne.
This is the from the report that was issued by the RFEC.


python said:
the most important negative urine test that i was referring to - the one a day before the positive on 21 july - was also alleged to be tested for plasticizers by the cologne.

it is highly unlikely that the same urine sample from 20 july would be tested by 2 different laboratories.

I don't understand how a test for plasticizers which is not yet ratified can be the 'most important' - but regardless as you say, it was "alleged" - by an unnamed source to L'equipe - but they did not say when the sample was taken.
ARD/Seppelt and NYT said it was a sample from the 20th of July, but doesn't say where it was tested.
 
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Publicus said:
That's quite a theory if that is in fact WADA's hypothesis.

Why is it 'quite a theory'? If you mean the degree of detail, ok. But otherwise, it's the theory that has been proposed here since months. It has been spelled out in the HUMO. It's plain common sense, except to AC's fanbase and Spanish doping officials.
 
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sniper said:
Why is it 'quite a theory'? If you mean the degree of detail, ok. But otherwise, it's the theory that has been proposed here since months. It has been spelled out in the HUMO. It's plain common sense, except to AC's fanbase and Spanish doping officials.

I actually think, if it is in fact their theory, they've gone too far trying to establish this much detail (just my uninformed opinion). Though I am curious of the timeframe when they believe all of this took place.
 
Jul 16, 2010
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Dr. Maserati said:
That is exactly what it states:

This is the from the report that was issued by the RFEC.




I don't understand how a test for plasticizers which is not yet ratified can be the 'most important' - but regardless as you say, it was "alleged" - by an unnamed source to L'equipe - but they did not say when the sample was taken.
ARD/Seppelt and NYT said it was a sample from the 20th of July, but doesn't say where it was tested.

If the Belgian newspapers are to be believed funding for the plasticizer test has ceased and research on it given up.
 
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El Pistolero said:
If the Belgian newspapers are to be believed funding for the plasticizer test has ceased and research on it given up.

This is true, they have developed a better method for detecting transfusions.
 
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