But it isn't black and white. EPO is produced in the body naturally, it's the mechanism by which the body regulates red cell production. Separating the natural from artificially introduced EPO is the tough part, and it can be a subjective process. Cyclingnews.com has an excellent writeup on the LA/L'Equipe/LNDD mess of last summer, including an explanation of the EPO test that the LNDD lab invented. It's interesting reading, and will have you yearning for the days when cycling discussions revolved around equipment, teams, and personalities... now, we talk about proteins and magnetic fields.
A critical point - this was a Spanish lab that confirmed the positive. I suspect that Heras, the top cyclist in a nation that prides itself on cycling, has already received any benefit of the doubt that could have been applied.
And the current EPO test is under some fire, but it has not been discredited. There are methods of attack that a legal challenge can take - Heras was found positive on one stage only, and on the surface, that appears to be a bit odd. Or were his samples on the other stages marginally close to positive? That isn't being made public right now. Did his hematocrit show any unusual activity? If he is innocent, he has some ways to challenge the judgment.
Professional cycling is a commercial venture, and doping (in this case) is not being investigated as a criminal matter. The rules of evidence that are so stringent within most democratic criminal systems don't apply here. The presumption of innocence, a cornerstone of modern criminal jurisprudence, is not present. (and that has a great influence on how the judgment will be rendered) To a degree, the rights of the individual cyclists are subserviant to the desires of the governing organization, just as in a corporation, the good of the individual employee takes a back seat to the good of the stockholders. Even with some doubts and a few false positives, the LNDD EPO test, at this time, is presumed to be accurate. Heras has to show exactly how it went wrong in his case - the burden of proof is upon him.
In the end, the cyclists, and the organizations serve the fans. And the fans will provide the final judgment, by spending or withholding the money that fuels every aspect of professional cycling. Without money, it's back to the club criterium. I get the feeling that, right now, the fans are placing a greater emphasis on cleaning out the dopers than protecting the stars from false accusations. Right or wrong, that's the way it's going.
hombredesubaru said:I am not sure what your point is.
I was responding to a post that said life is grey, sometimes there are not black and white answers.
My point exactly. If a lab test cannot give a yes or no answer, it should not be used to provide a legal and binding result on a riders legal staus as a doper and banned for two years.
It may be an OK lab test within certain parameters, it may even sometimes be useful in detecting doping.
But if there are grey areas, and it is clear by now that there are grey ares, those need to be defined or quantified roughly so that UCI and WADA dont treat a grey zone test as black and white.