The attorney for Floyd Landis asked on Monday that doping charges be dismissed, hinting for the first time at the Tour de France winner's official defense: that his positive testosterone tests were flawed and did not meet World Anti-Doping Agency standards.
In a letter sent to the US Anti-Doping Agency, attorney Howard Jacobs disputed the accuracy of the carbon isotope ratio tests performed on Landis' urine sample at a lab in France. Jacobs also argued the analysis of a different test, the testosterone-epitestosterone analysis, "Is replete with fundamental, gross errors," including mismatched sample code numbers.
Jacobs said the positive finding on the backup 'B' sample came from a sample number not assigned to Landis. Both Landis and USADA had representatives at the testing of the 'B' sample.
USADA general counsel Travis Tygart said the doping agency couldn't comment on specific cases but noted it is not unusual for athletes and their attorneys to seek dismissal of cases.
"Our standard process allows all athletes to make a submission to the USADA review board, and those submissions are seriously considered prior to any case going forward," Tygart said.
A review board is expected to issue a recommendation on Landis' case sometime in the next week. That process could be delayed if USADA responds directly to Jacobs' letter.
If the review board recommends sanctions against Landis, he is expected to appeal and ask for an arbitration hearing. Jacobs has said he would seek a public hearing, and USADA has said it would agree to that.
Landis issued a statement reasserting his innocence. "I did not take testosterone or any other performance-enhancing substance, and I'm very happy that the science is confirming my innocence," he said.
"I was relieved, but not surprised, when I learned that scientific experts found problems with the test." Jacobs, who did not immediately return messages left at his office by The Associated Press, did not reveal in his news release the identity of the experts who found problems with the test.