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Valverde Evidence Legally Obtained Says Madrid Court Ruling

D_mediumThe Zombie of stories has arisen to walk the earth again. Yes, it's time for more Valverde. Because we just haven't had enough of this story already.

When we last saw our Spanish hero, he was getting spanked by the sports arbitration court, who found in favor of the Italian anti-doping authorities. Yes, Valverde you're still banned in Italy. The UCI made reassuring noises to the effect that yes, now they would actually extend the Italian ban worldwide. Caisse d'Epargne also said they would withdraw Valverde from active racing, a decision that lasted all of an hour. Valverde's lawyers, scary!

Now today comes the news that a court in Madrid has ruled that the Italian anti-doping authorities obtained the evidence against Valverde legally. That's right, all the i's were dotted, the t's crossed. Now, you will recall that Valverde's legal team, quite dogged they are, all along have claimed that the Italian obtained the evidence illegally and consequently, the case had no merit. Valverde, they argued, should walk the earth - and ride his bike - free and clear.

The sports arbitration court pretty much totally demolished this claim in their decision to uphold the Italian sanction. They retraced the Italian procedures which passed through the office of the Procura in Roma, and they found no harm, no foul. They also ruled the effort of Judge Serrano to "nullify" the use of the evidence, on the grounds that once the evidence had passed to Italy, the Spanish judge no longer could control its use.

Still, the Valverde team disagreed, and this case before the Madrid court has sat simmering in the background. Now comes the decision that in fact, the Italians acted legally in their efforts to obtain the evidence and use it to sanction Valverde. The Mardid Court ruled that CONI had legal standing to use the evidence, in particular because its legal charter grants it authority to enforce the rules in cycling. CONI holds a "legitimate interest," according to today's decision. Take that Valverde lawyers! This ruling also overturns the effort of Judge Serrano to block the use of the evidence by the cycling authorities. Boo on you Judge Serrano!

This ruling should at long last open the way for the UCI to do something about this pesky bike racer, who continues to win races despite the Italian sanction. Now, with TAS approval! The UCI, with its controlling interest in regulating cycling, should also be able to sanction Valverde with the Puerto evidence. And what about you Spanish Federation? It appears that you, too, can play the sanction game. Perhaps we will now at last get a ruling from the sports arbitration court on the UCI v. RFEC case, in which the UCI has appealed to the court to force the Spanish Federation to apply a sanction on Valverde. Is this too much to hope for? Perhaps.

But today yet another legal obstacle to sanctioning Valverde has fallen. Your move, UCI?

—Source, El País.

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Thread: Villarreal B vs. Xerez

Dec 2011 from Villarreal USA - 29 comments

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Well there you go.

Paging Lulu Sanchez. Please pick up the white courtesy phone. Lulu Sanchez…

by ursula on May 6, 2010 9:46 PM EDT reply actions  

lulu's on my team

that is all.

this is easier than rbjhan i hope....

by JessicaH on May 7, 2010 2:00 AM EDT via mobile reply actions  

So

What’s the next obstacle?

What we do does not define who we are. What defines us is how well we rise after we fall.

by Lopex on May 7, 2010 2:22 AM EDT reply actions  

NI!

What we do does not define who we are. What defines us is how well we rise after we fall.

by Lopex on May 7, 2010 4:17 AM EDT up reply actions  

And yet it could at least offer sustenance...

"How strange it was to see men doing something beautiful. Something pointless and elegant." Tim Winton, 'Breath'

by Seahorse on May 7, 2010 4:35 AM EDT up reply actions  

Groundhog day

Honestly, he’s like what, 0 and 5 in the law courts?

by addict on May 7, 2010 5:08 AM EDT reply actions  

some may say that

Tommeke!, Tommeke!, Tommeke!, Tommeke!

by Vlaanderen90 on May 7, 2010 5:36 AM EDT up reply actions  

my friend who had a pet prairie-dog for two days

would disagree with you.

Of course, trying to have a pet prairie dog is wrong in myriad ways . . .

by R Mc on May 7, 2010 10:16 AM EDT up reply actions  

Bet you can't claim a friend who has a friendly pet badger though.

"It's a lovely thing, feeling that momentum. If you're lucky, it's also about grace." Tim Winton

by sminer on May 7, 2010 10:23 AM EDT up reply actions  

I think I know someone who knows someone

who knows Bernard Hinault.

Oh . . . you wrote “friendly.” nevermind.

by R Mc on May 7, 2010 10:24 AM EDT up reply actions  

didn’t that bunny also have a name in that movie? Or was that just the sorcerer, “Tim”

I'm feverished, or the way you want to spell it

by plinytheelder on May 7, 2010 10:47 AM EDT up reply actions  

sump'n like gaer banogh

but I haven’t turned it up yet.

(and . . . me NOT recognize HG lines? Just chose not to respond in kind, eh)

by R Mc on May 7, 2010 11:53 AM EDT up reply actions  

Hello, Just mine $0.02

Ok, people isn’t he was tested only this year, about 20 times already? Is he’s biological passport is out of whack ? Is he miss any out of competition testing, or failed to disclose his whereabouts to UCI?
Ironically, he is probably one of the cleanest riders in Peloton, right now. Not because of his honesty, but because of the fear of life time ban.
Yes, he deserve the suspension, no doubt, but I am personally have no hatred toward him in my hart!

One day, one stage, one race, one tour at a time.

by holmovka on May 7, 2010 8:49 AM EDT reply actions  

You know, I think there is more frustration for the system than the man..

"How strange it was to see men doing something beautiful. Something pointless and elegant." Tim Winton, 'Breath'

by Seahorse on May 7, 2010 8:57 AM EDT up reply actions  

Isn’t he was called clown, even in this tread?

One day, one stage, one race, one tour at a time.

by holmovka on May 7, 2010 9:01 AM EDT up reply actions  

I'm sure he was... but it seems in part to be about the level of frustration people feel..

"How strange it was to see men doing something beautiful. Something pointless and elegant." Tim Winton, 'Breath'

by Seahorse on May 7, 2010 9:30 AM EDT up reply actions  

I've reached a point with Mal-verde

that amounts to this:

“Sir, have you NO sense of decency or honor?”

by R Mc on May 7, 2010 10:20 AM EDT up reply actions  

Sure, but...

Ha! Decency, honor? It is the JOB for him, nothing else!
What is it left in his legs, 4,5,6 or so, years? Every year counts, to make enough money to last long after he stop racing. I know it is sucks, but this is life.

One day, one stage, one race, one tour at a time.

by holmovka on May 7, 2010 10:37 AM EDT up reply actions  

This is true.

I want him gone too, but I feel no ill will towards the guy. For me, it seems more a matter of fairness to the other riders who have been banned. And his participation in races right now (however clean he might be) is tarnishing those races… for me.

"It's a lovely thing, feeling that momentum. If you're lucky, it's also about grace." Tim Winton

by sminer on May 7, 2010 10:33 AM EDT up reply actions  

Fairness

Hard concept. Many Puerto dopers riding around without all the hassle Valverde has to go through. Otoh, it is even more unfair for the Basso’s of this world.

What we do does not define who we are. What defines us is how well we rise after we fall.

by Lopex on May 8, 2010 3:46 AM EDT up reply actions  

I'm satisfied with

them going after the ones they have evidence against. Sure there are many others who were lucky and got away with it but that’s life. Presumably the evidence hasn’t been strong enough to prove wrongdoing on their part. As long as those who are proven guilty are suspended and no one who is innocent is suspended I think it is fair.

by Jens on May 8, 2010 4:25 AM EDT up reply actions  

Jens completes me...

Often my comments are too short to explain myself properly or I just lack the skill. So it’s great to have people like Jens around. I agree with Jens comment below.

"It's a lovely thing, feeling that momentum. If you're lucky, it's also about grace." Tim Winton

by sminer on May 8, 2010 8:18 AM EDT up reply actions  

make that above

"It's a lovely thing, feeling that momentum. If you're lucky, it's also about grace." Tim Winton

by sminer on May 8, 2010 8:18 AM EDT up reply actions  

No, I called him a clown because I think he's a clown

I don’t care he doped, I care that he hasn’t been punished like those who have been caught and that he still believes that this is perfectly fine and he is entitled to racing and he was done wrongly.

Quitter's People United member # 42

by Phil H. on May 7, 2010 2:55 PM EDT up reply actions  

This to me is a very important part of the process.

I know many of you have disagreed with this, but I do think it’s very important that the verdicts of the Spanish judicial system have a certain level of control over what happens to a Spaniard, in Spain, over matters which occurred in Spain. I think we all would ask for this same right.

Now, the courts of Madrid have spoken again and this time not favorably for Valverde, which is good for the process, not matter how ridiculous and tiring it has been.

I agree with Holmovka, I’ve long stopped judging dopers personally anymore, perhaps I’m slightly less forgiving with the most recent ones, because I want to believe we are making progress, even if I don’t really believe it. But events from 2004, bah… how can we really have a tarnished opinion of one and not another? Things are looking bleak for Alejandro and I’ll miss his racing over the next two years.

I still believe the biggest disappointment is that only Valverde is being punished (and yes, deservedly) but that all the others involved (the team, his teammates, sponsors, the UCI, the doctors etc.) just turn away, put their hands in their pockets and whistle innocently while thinking to themselves “Damn, I’m glad they didn’t get me like they did him”

It’s also disappointing to feel that the UCI isn’t looking at more intelligent, upstream ways of preventing the problems before they happen, vs just trying to be more hardcore. But who knows, maybe they are and I just don’t see it.

by LawrenceS on May 7, 2010 12:12 PM EDT reply actions  

I could only hope that...

this development would lead the Spanish sporting authorities to reconsider their shelving of the case. But most likely not.

What always bothered me about AV in particular was “willingness” to surrender any evidence that could clear him- as long as it was requested by the corresponding authorities and pulled from the dead hands of his lawyers.

He was always so tranquilo.

What ever happened to his dog Piti? Did he have to go to the “farm”?

Racing for Victory and Free Beer!

by DemonCats on May 7, 2010 8:44 PM EDT up reply actions  

Sorry but I need to call bull on that one

Poor AV is the only one being targeted :s No, the doctor would have been prosecuted too had it not been for the court system you are defending and the team would have been too had AV told who helped him.

And let’s get this straight, AV is pissing on the sport, slowly killing it by scaring away not only the team sponsors but also the race sponsors and TV stations.

A fan of the sport can’t possibly defend the circus AV(and a certain judge) is making in court.

by OctaBech on May 8, 2010 8:11 AM EDT up reply actions  

Whoa, calm down man
A fan of the sport can’t possibly defend the circus AV(and a certain judge) is making in court.

Is this ad hominem supposed to strengthen your viewpoint? I’m a fine fan thank you very much.

And let’s get this straight, AV is no more pissing on the sport than any rider who has doped, caught or not. Every single rider on the Kelme team, (not to mention other teams who have operated the same) are guilty of doping/continuing the use of doping in the sport.

Getting caught doesn’t make you more guilty, it only makes you punishable. Every rider who is ‘cheating’ is equally guilty of undermining the sport, or ‘pissing on it’ as you say.

Valverde hasn’t been suspended…so why should HE stop racing? You telling me tha he should suddenly become this altruistic heavenly angel who thinks….Oh, I’ve been doping and now I should just stop riding suddenly! When he’s suspended he’ll stop, just like the hundreds of other cyclists who have been caught and suspended.

He’s not behaving any differently than the thousands of other cyclists who are doping and haven’t been caught. You expect any of them to suddenly say “Well, I haven’t been suspended, but I just started feeling that I’m being unfair to the others, so I’ll suspend myself.”

Yeah right.

You have a teammate test positive, commit a violation, the WHOLE team should be punished, like in other sports. After all, the entire Kelme team was sitting at the dinner table with there doping patches on their arms according to Manzano. That makes them less guilty than Valverde? Get real.

by LawrenceS on May 10, 2010 12:02 PM EDT up reply actions  

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