Tuesday, May 22, 2007

Malibu, Day 8 - Afternoon

The cross-examination of Floyd Landis is finished, and we should be seeing Simon Davis, IRMS expert, as the next witness of the Landis team. The live feed has not started; maybe I heard it wrong, and we resume at a quarter past 1pm, and not before 1pm.

Barnett's performance from this morning was behind my expectations. Now that I could read up on the part that I missed, USADA was trying to go somewhere with blood samples that were requested by Landis early on, but USADA apparently never received them from UCI. Other than that, no smoking guns. TBV, apparently also flabbergasted about the detour into Landis' all-black outfit on Thursday, remarks dryly: "Black clothes are next on the prohibited list.".

1:20pm, where's everybody ? Live feed is back, showing an empty panel table.
1:50pm, still no movement other than Ms. Stenographer sitting at her desk, and a couple of folks chatting by the door.
1:55pm, McLaren walked in along with the USADA lawyers; now Brunet and Campbell. We're good to go.

Suh addresses the panel, but the audio is bad and I couldn't get all of it; something about a one-page summary and a potential female witness. Brunet explains the reasons for starting the afternoon session late: they met with USADA's and Landis' lawyers; USADA raised an objection about the upcoming testimony about Dr. Davis. USADA's is concern is that they didn't have sufficient time to prepare for the technical issues that are going to be raised. USADA will receive the software that Davis will be using. Panel advises to go ahead with the testimony, and Suh calls Simon Davis.

Suh asks Davis about his background and concepts of GC/MS and IRMS. (Meanwhile I peeked at TBV's site, and the topic Suh raised, is about a summary of Floyd's blood serum values, and Denise Demir, former Phonak team doctor, is on her way to Malibu). I need a coffee now.

Davis deems the LNDD data as unreliable, after having witnessed all of the B sample testing at LNDD back in April. Davis shows a picture of the IsoPrime at LNDD, and it shows metal rings on top of the magnet. Davis says that these rings are for transportation purposes and are NOT supposed to remain attached to the magnet during operation. Davis also testifies on the lack of an operating manual for the IsoPrime at LNDD. The manual says that the pressure shown on the Penning gauge should be between 2 and 4E-6 mBar, but USADA0176 shows the pressure to be out of range (5.2E-6 mBar). Effects of running at wrong pressure is e.g. non-linearity, and that numbers are generally becoming unreliable. On top of that, the pressure should be static/constant but was observed to vary. 15-minute recess, then Suh will go into the detailed analysis of the A sample.

The provided printout for an automated batch analysis of the A sample shows that some of the individual sequences were not performed as part of that batch run. Over to the B sample, USDA0331: same here where data is not reflected on the batch summary where it is supposed to be (c.f. USADA0358). Davis' opinion is that samples were run out of sequence, and that manual re-injection was done, but that none of that was documented.

q: so the data doesn't match.
a: nope.

If the data don't fit, you must acquit.

Davis is about to run a demo of the software. USADA raises objections about the software version. 5-minute recess so that Davis can check on how long it would take to load the proper software version onto his PC.

Little more than half an hour officially left in today's hearing. Tomorrow: cross-examination of Davis, and potentially three more witnesses: Denise Demir, and two rebuttal witnesses for USADA.

While the software is being reinstalled, Davis demonstrates the effects on how LNDD's manual background subtraction and manual peak integration had an effect on the charts and also a significant impact on the isotopic values. Davis' conclusion about LNDD's analytical competence:
a: they clearly did not understand the instrument. I had to help them load the software on the machine. They were obviously trying to help each other during the reprocessing and did not generally know how the software worked.

5pm, Brunet adjourns the hearing until tomorrow. USADA's rebuttal witnesses are not confirmed until end of Davis' testimony, but they expect to call Dr. Brenna.

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