Commando wrote:
Power13 wrote:
Commando wrote:
julian D wrote:
Commando wrote:
Your Honor, I object. Any testimony offered by USADA on behalf of Landis, Andreu, or Hamilton is inherently untrustworthy therefore no exception to the Rule Against Hearsay may apply. .
Direct witness testimony is not hearsay.
How about the testimony of George, Mike, Christian, Jonathan, Marty, and Levi? Does that also get ignored?
Unless Armstrong is charged, then there is no testimony. Without testimony, out of court statements offered in court for the truth of the matter asserted is the very definition of hearsay (except sworn depositions- which I don't think has been submitted by any of those three guys).
Without a trial, such testimony would violate Armstrong's Right of Confrontation if criminal sanctions are sought. Further, I think Lance could argue both Substantive and Procedural Due Process.
Since when does revoking a sporting title equate to "criminal" sanctions?
Obviously that doesn't not necessarily follow; however, the point was to connect the Rt of Confrontation with the Rule against Hearsay.
Exactly. The reality is that USADA has a different burden of proof than a federal criminal investigation. The testimony of Flandis, Ty-Ty, Frankie, George et al is likely enough for USADA to sanction Armstrong. To me, his statement was pretty much a PR move to get out in front of this reality. He knows USADA is gonna rule against him, so he comes out first and says "Meh...I don't care anymore. If others want to worry about the past, let 'em."
Fairly shrewd move, IMO.....
@ Robert - who gets to decide when a contract is "stupid"? If one side feels it is "stupid", theya re free to remove themselves from the agreement. But in this case, it means that they would need to withdraw from the sport of cycling under the UCI / IOC. They don't get ot unilaterally say "Well, I think this is stupid but you still have to let me race."
Suppose everyone decides to form a paceline up the Queen K in October because they think drafting rules are "stupid"......they can simply say "everyone else was doing it" and claim it was a stupid rule, right?
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