The USADA's lawyer Richard Young(Image credit: AFP)
LNDD Director Jacques de Ceaurriz(Image credit: AFP)
News feature: Floyd Landis' arbitration hearing, May 16, 2007
Cirque de Landis: Can anyone speak French?
Following the first day's swing from enthusiastic and dramatic opening statements to the more mellow (but equally dramatic) testimony by two expert witnesses, the second day began with the conclusion of cross-examination of one of the expert witnesses, Dr. J. Thomas Brenna, by Landis' counsel Maurice Suh.
Again, the examination centered around the measurement of uncertainty with the Isotope Ratio Mass Spectrometry (IRMS) test for synthetic testosterone. Dr. Brenna was asked about the differences in the IRMS data returns between the manual, or quality control step, and the auto analysis by the machine.
Q: Should [the difference] take into account measurement of uncertainty? A: [Dr. Brenna] I think it should take it into account.
The final parts of the examination of Dr. Brenna focused on the retesting of the samples done at LNDD. The re-running of the samples produced a log sheet - which Mr. Suh commented that USADA had worked to prevent the Landis team from accessing. This log sheet indicated a re-rerunning of the test within ten minutes of the first analysis. The data from the first analysis was not saved, but overwritten by the second analysis, and multiple times on the same day.
The USADA side rebutted Mr. Suh's questions about the differences in the auto versus the manual steps of the test. As well, in regards to the overwritten log files, the USADA counsel asked if there was an opportunity to review the logs given to the Landis team. "[Dr. Davis, Landis' expert present at the testing] was given an opportunity to re-analyse the data on the system but there was confusion as to why he would want to," said Dr. Brenna. "The next day he came back and said he did not need to."
Lost in translation
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The biggest drama of the day involved the French interpreter, Pierre Debboudt, of the National Court Reporters. Mr. Debboudt made noticeable errors with specifics of the testimony from the actual LNDD tester of the samples, Cynthia Mongongu. Mr. Suh finally objected at the point when the translator misinterpreted the quantification of "a day-and-a-half" to be "an hour-and-a-half." Mr. Debboudt was dismissed from his duties and the hearing was adjourned for 45 minutes while a replacement for Mr. Debboudt could be located.
More than an hour later the replacement, Martitia Palmer of the Judicial Council of California, resumed the translation duties. However, she was distressed by the fact that she was not able to familiarize herself with the specifics of the case and the terminology of the procedures. Nonetheless, the hearing pressed on. When the answer in question came up again, and Ms. Palmer correctly interpreted it, applause from the press room ensued.
The examination of Ms. Mongongu commenced with questions regarding the specific process of testing the samples. The questions were describing the specific steps of the procedures and then verifying that these steps were the ones followed, to the letter, regarding the testing of the Landis samples. The process consisted of three steps, including a quality control, an instrument verification process, then injection of the actual samples into the IRMS machine for measurement.
Again, one of the areas of concentration by the USADA counsel was that of the auto versus the manual verification of the results.
Q: For what purpose [do you perform manual adjustments]? A: [Cynthia Mongongu] First I control to see if the software correctly checked the background noise, because sometimes it will go to peaks that are not background noise; therefore I correct the error.
Following this, USADA counsel turned to the previous arguments made by the Landis team about the software log which indicated that multiple processing of the sample had occurred.
Q: Was there a time when you performed twenty functions [of reprocessing]? A: [Cynthia Mongongu] No, I certainly did it twenty times.
The USADA counsel asked Ms. Mongongu to fully explain why there were multiple entries. "When we reprocessed the results I was asked to bring out data to do three reports on the data," Ms. Mongongu said. "One which dealt with the automatic reprocessing of the data, the verification I had originally performed and the third was the subtraction of the background noise. Then after that we inserted or replaced the electronic data into the MastLink software. Then I reprocessed the results using that other software."
Much more to come
The Landis side was not able to begin its cross-examination of Ms. Mongongu today, and will likely lead-off Wednesday with it. Also, the witness list that was disclosed yesterday indicates some potential further drama, with Greg Lemond, Joe Papp and Floyd Landis himself listed as witnesses. And the nearly four hours of delay means that the hearing could spill over into the weekend to make up the lost time.
As was the case yesterday, nobody involved with the proceedings, including Landis, made any comment as all are prohibited from doing so per the rules of the arbitration.
Photography
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Images by AFP
Another day, another yellow tie for Floyd Landis on day two of his arbitration hearing at Pepperdine University in Malibu, California.
