Wednesday, October 10, 2007

The next round

Floyd is going the distance and taking his case to the next level the Court of Arbitration for Sport. While previous CAS hearings have not been open to the public I found one reference in the Chryste Gaines CAS hearing where outside personnel were allowed to attend.

With the consent of Claimant and Respondent and of the Panel, several third parties were also granted permission by CAS to attend the hearings as “observers”. These were a representative of the World Anti-Doping Agency (“WADA”); John Ruger, the United States Olympic Committee (“USOC”) Athlete Ombudsman; and a member of the staff of US Congressman John Conyers, Jr.


If the hearings are not open to public, here are folks I would nominate as Athlete Ombudsman who should attend, namely TBV, Honorable Bill Hue, Daniel, Marc who is on the continent and of course that ever cheerful Strbuk. Depending on the time of year airfare could be reasonable.



Sunday, October 7, 2007

Letter to Legislators

I have shamelessly used Bill Hue's article Serving the Master to compose a letter to my US senators and house of representative.


Dear Legislator

I am asking for your support and I am asking you NOT to spend money. While there are many issues that need your attention, I must ask you to take a moment and just say no to the funding of the United States Anti Doping Agency and the World Anti Doping Agency. While their mission is important, please recognize that these over zealous bureaucracies are abusing individual’s rights.

In their self proclaimed role as police officer, judge, and jury, the United States Anti Doping Agency and the World Anti Doping Agency are acting in a manner of a Star Chamber. A Star Chamber was first employed by the English Tudor and Stuart royalty to impart swift actions for political offenses. More recently, the United States Supreme Court in Faretta v. California (1975) 422 U.S. 806, 821; 45 L.Ed.2d 562; 95 S.Ct. 2525 wrote that:

“(The star chamber) was of mixed executive and judicial character, and characteristically departed from common-law traditions. For those reasons, and because it specialized in trying "political" offenses, the Star Chamber has for centuries symbolized disregard of basic individual rights.” (Emphasis in
original).



The US Supreme Court, in Faretta, wrote such institutions should be abolished always:

“If our current "courts" wish to behave as if they are above or outside the Law, or as the American equivalent of the English Star Chamber; let us treat them like the British treated the Star Chamber: abolish the "court"”.

The USADA/WADA arbitration system has violated an individual’s rights and has ignored its own “Code.” In the article by Wisconsin Circuit Court Judge, William F. Hue he noted:

“Landis rights under the Code were violated because he was not afforded:
• A timely hearing;
• A Fair and impartial hearing body;
• The right of each party to present evidence, including the right to call and
question witnesses (subject to the hearing body’s discretion to accept testimony
by telephone or written submission);
• A timely, written, reasoned decision.
Landis rights were significantly compromised or unduly criticized in the flowing areas:
• The right to be represented by counsel at the Person’s own expense;
• The right to be fairly and timely informed of the asserted anti-doping rule
violation;
• The right to respond to the asserted anti-doping rule violation and resulting
Consequences.”



Please remember there are 130 death row inmates found guilty by the jury of their peers that have been exonerated by science and DNA evidence. An athlete by the name of Floyd Landis would also be exonerated, if the USADA arbitrators had also used science and reason and not politics to come to their conclusion. The lone dissenting arbitrator, Chris Campbell notes that the WADA system does not safe guard innocent athletes from improper method or procedure.

“1. From the beginning, the Laboratoire National de D├ępistage et du Dopage (“LNDD”) has not been trustworthy. In this case, at every stage of testing it failed to comply with the procedures and methods for testing required by the International Standards for Laboratories, Version 4.0, August 2004 (“ISL”) under the World Anti-Doping Code, 2003 (“WADA Code”). It also failed to abide by its legal and ethical obligations under the WADA Code. On the facts of this case, the LNDD should not be entrusted with Mr. Landis’ career.”



I am not a judge or a lawyer, just a common individual with common sense that can think through issues. Sometimes it takes a common individual to stand up and point out truth.

My request is to withhold money from the USADA and the WADA until a proper independent review can be conducted.

Saturday, October 6, 2007

Saturday Ride

Each weekend I push a little farther up Glendora Mountain Road and I see a new vista each time. The weather is cooling down after the high of 115 September 2-3. Now its in the 70s. But going up the mountain is different than coming down the mountain when the cool breeze rips through the lycra. I have an outer shell and a ski ear band. They did well for me today.

The stats from the Polar CS600 tell me --
Time: 2:25 minutes
Distance 19.4 miles
Average Pace: 6.15 min/mile
Average Speed: 9.6 mph
Maximum Altitude: 3009 feet
Ascent 2402 feet
Average Heart Rate 136

Near the start of the route at Sierra Madre and Glendora Mountain Road I noticed a cycler stopped by the road. We ended up crossing paths multiple times up the road, and with much appreciation I must thank Jess of Covina for helping me with my brakes. The camera is a 7 Mega-bit pixel Casio Z-750 and I have 300 Mbytes of pictures from today. So here are a few. Click the picture for the full size.

View of Glendora from the second saddle with GMR cutting the hillside on the right.



Mount Baldy




Jess trying to find a cell phone satellite


I appreciate your help with my brakes!!



The San Gabriel Dam Area (Highway 39)

Mt Diablo


The Mount Diablo Challenge is set to start tomorrow. Floyd Landis, Pommi and TBV are set to ride this 10.8 mile bicycle road race that ascends for 3,249 feet. The weather is turning chilly and the temperature at the top of the mountain will be a brisk 34F. I will have to cheer for more than one athlete on this race.

The 2006 Mt Diablo Champion Robert Anderson, 51 of Mill Valley California breezed through the course with an average pace of 13.7 mph and a total time of 47:28.3. The first place female Jenny Slawta, 42 of Medford Oregon zipped up the mountain at 11.8 mph with a total time of 54.43.7. Another notable is the first "southerner" John Hann, 25 from Santa Barbara, 11.1 mph with a total time of 58.27.6.