Independent Investigation Started

B. Lafferty said:

http://www.velonews.com/news/fea/9004.0.html

And if the independent panel finds that there is no convincing evidence
that Armstrong used EPO, are you going to accept that?

They couldn't get Ken Starr?

Today is your day to go on the record about your faith in the
independent investigator. Speak your peace now. A month from now will
be too late.

B. Lafferty said:

http://www.velonews.com/news/fea/9004.0.html

Damn! I was hoping for Ken Starr.

Andrew F Martin said:

They couldn't get Ken Starr?

You know what they say about great minds...

Quoted message said:

B. Lafferty said:

http://www.velonews.com/news/fea/9004.0.html

And if the independent panel finds that there is no convincing evidence
that Armstrong used EPO, are you going to accept that?

To be fair, just because the UCI asked for the investigation doesn't mean
they'll release the results, especially if the results do not support their
prejudice. In addition the investigation is of the lab, not of Armstrong.
Do you really think the lab will cooperate with the investigation? French
lab, Dutch lawyers.

-jet

<[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

Today is your day to go on the record about your faith in the
independent investigator. Speak your peace now. A month from now will
be too late.

I'd have much more faith in this II if he was chosen by a more open
procedure in which WADA and the IOC also participated.

The parameters of the investigative charge are still unclear. That is, will
they be looking at the substance of the labs findings or just the leak(s).
Will any draft/interim reports be made public and open for comment by the
parties involved? Will the final report be made public? There are many
unanswered questions at this point.

<[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

B. Lafferty said:

http://www.velonews.com/news/fea/9004.0.html

And if the independent panel finds that there is no convincing evidence
that Armstrong used EPO, are you going to accept that?

Perhaps yes. Perhaps no. There are many as yet unanswered questions about
the independence and scope of the investigation.

"The UCI has entrusted Mr. Vrijman and his law firm the task to
undertake a comprehensive investigation regarding all issues concerning
the testing conducted by the French laboratory of urine samples from
the 1999 Tour de France."

I don't see how that eliminates the possibility they might come
knocking on Armstrong's door. I suppose it depends on the budget for
the investigation. Nothing is truly independent. The power to fund is
the power to control.

I guess we'll also have to see what tricky dickie has to say about it.
Geez, it's already past noon. Normally he has quotes in the media by
now. My gut says that the UCI acted solo on this one and Pound / WADA
has no involvement. The lawyers will show up in Paris and the staff at
the lab will say "Test? What test?. We do not comment on tests". End
of investigation.

As I said above, due to laws regarding medical records (and these test
results count as such), there really will not be much of an
investigation. It will end at the front door of the lab. The lawyers
will not get any info about the tests or the leaks. And do not expect
L'equipe to tell either.

B. Lafferty said:

<[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

B. Lafferty said:

http://www.velonews.com/news/fea/9004.0.html

And if the independent panel finds that there is no convincing evidence
that Armstrong used EPO, are you going to accept that?

Perhaps yes. Perhaps no. There are many as yet unanswered questions about
the independence and scope of the investigation.

Funny how plastic that word "independent" can be.

Steve

--
Mark & Steven Bornfeld DDS
http://www.dentaltwins.com
Brooklyn, NY
718-258-5001

Quoted message said:

As I said above, due to laws regarding medical records (and these test
results count as such), there really will not be much of an
investigation. It will end at the front door of the lab. The lawyers
will not get any info about the tests or the leaks. And do not expect
L'equipe to tell either.

Are you sure medical records laws are the same in France as in the US? Also
patient medical records/results confidentiality may be slightly different
from athletic field testing results. Just a thought.

I suspect you're right though. There's no compelling reason to let the
Dutch investigators in the front door without a court order and I doubt
there will be any obtained. Of course, guessing. I'm not fam. with French
legalities.

-jet

Quoted message said:

As I said above, due to laws regarding medical records (and these test
results count as such), there really will not be much of an
investigation. It will end at the front door of the lab. The lawyers
will not get any info about the tests or the leaks. And do not expect
L'equipe to tell either.

In the U.S. you could possibly use the right to protected health
information to compel some release of the lab test results and
information related to the testing, although there is a protection for
the lab as to trade secrets.If Lance was cooperating with the UCI AND
if were in the U.S., the lawyers/investigators may have an 'in'. If it
were a simple issue of mishandling PHI, HIPAA would apply and the
government could step in with fines.

But it isn't the U.S. and it isn't clear that it was PHI with the
specific items in possession of the lab. If the lab could have
reasonable expectation that there wouldn't be correlative information
released by other sources, then the lab would not be guilty, ethically
or legally, of releasing information that could be synthesized by
other information or extensive data mining back into PHI - if it were
in the U.S.

But it isn't and working through three different release versions of
HIPAA and a bunch of stuff on related personal privacy information was
enough for me - unless someone wants to pay me to read the related
stuff, I just can't get all that bothered about a retired bicycle
racer and the future value of his name. He has more money than me and
better lawyers, so I'll let him worry about it.

Curtis L. Russell
Odenton, MD (USA)
Just someone on two wheels...

I do not know the eact rules re: medical records in France. But I
suspect that the test sample is still considered a private medical
record. Even now, a positive test result is released only through the
governing body, and that is done because the athlete has already agreed
to such conditions through participation in the sport. This specific
test result lives outside that process.

I don't think the lab was participating in any UCI-related activity
when they did the tests in the first place, so I expect them to say
"none of your damn business" when the lawyers come knocking.

This is where we should look to WADA to ask "what's up in Paris, guys?"
and then report back the findings regarding confidetiality.

In article <[email hidden]>, Tim Lines <[email hidden]>

Quoted message said:

B. Lafferty said:

http://www.velonews.com/news/fea/9004.0.html

Damn! I was hoping for Ken Starr.

But that would be hiring the king of leakers to investigate a leak.

--
tanx,
Howard

Butter is love.

remove YOUR SHOES to reply, ok?

In article <[email hidden]>, Tim Lines <[email hidden]>

Quoted message said:

Andrew F Martin said:

They couldn't get Ken Starr?

You know what they say about great minds...

Big shoes, big gloves?

--
tanx,
Howard

Butter is love.

remove YOUR SHOES to reply, ok?