whiteboytrash said:[font=Verdana][font=Verdana]Irrelevant argument. If it takes forensics a year to determine that a the bullet lodged in some guys head was the one from the gun in question then its permissible as evidence the same if it took one day to conclude. You’re still guilty. (this is often the case in all criminal trials).
[/font][font=Verdana]In fact the length of time for it took to conclude a positive test of both of Heras’s A and B sample will go in favour of the lab (prosecution) as they wanted to be absolutely sure without a shadow of doubt that EPO was present in the urine sample. This is actually a good thing. Time does not constitute that lab does not know what they are doing in constitutes that the want to be 100% right. No where in the regulations that says once the rider is informed of the positive A sample that there is a certain amount of time that passes before a B test becomes invalid or that it means that the sample was not handled properly.
[/font][font=Verdana]The defendant (Heras) has as just as much time as the prosecution has to go over the science. He can request re-tests if he wants and provide counter analysis in an appeal. However we know and he knows that he doesn’t want to do that. The only precedent for false positives has been based upon athletes who record high readings for EPO in a urine test naturally. False positives for the EPO test have never been based upon handling procedures.
[/font][font=Verdana]The athlete has many rights during the testing procedure. You may ask why no athlete has ever overturned an EPO test based upon the handling and testing procedure ? Because they have Doctors and lawyers present and they sign a paper to confirm they saw the way the sample was stored. Any thing adverse during the testing should be brought to the attention of the UCI doctor at the time not after they return a positive !
[/font][font=Verdana] Final point to remember; An improperly handled urine sample does not ‘grow’ EPO within in its sample. It will degenerate and provides nothing, a negative. EPO only exists in the urine when the athlete has injected it. This is fact. Chose for yourself. [/font]
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I can't quite follow what you're arguing here.
I wasn't saying the problems with Hera's test were an explanation or an exhoneration, only that the lawyers would try to use them to make this case drag out until no one has any money left to pay them. That's what lawyers do. You said there weren't any problems, I noted that there were. You say it was just time, I say I never heard exactly what caused the delay. You may be right about the time effect on the procedure, I know I'm right about lawyers.
I don't understand your "year, bullet, gun, permissible evidence" analogy at all - are you talking about Armstrong or Heras?
If Heras gets his verdict overturned, it'll be on a technicality - the case against him is pretty tight. But there's enough stuff surrounding the testing procedure and the science behind the test at least for his defense lawyers to put up a case. They don't need to know what the false positive rate is - they only need to show that the lab doesn't either - that's enough doubt right there to swing some jurors.
Concerning Armstrong: Nowhere in the regulations does it say that if your A sample is negative that your B sample can be handed off to a lab for research and those results can be used to hang you. The B sample is for the rider to protest a positive A sample. If your A sample is negative then your drug test is over and you pass. I have not heard anyone from UCI or ASO say that Armstrong should have his results changed because of this testing or any future testing - they'll say they believe the tests, they'll call him a cheat, but they recognize that they don't have any grounds legally to take any action. The motivation to defame Armstrong will gradually dwindle away and the money to do testing on the rest of his samples will find its calling elsewhere so the issue will die and we'll all find something else to talk about.