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Trek/LeMond Watch

Mon, 11/16/2009 - 3:27pm by Andy Shen

Summary Judgement Hearing

The two sides in the Trek/LeMond suit appeared before judge Richard Kyle on November 9th. While the judge has yet to rule on the motions presented by both sides (and may not until the end of the year), the LeMonds were encouraged by the judge's line of questioning, which showed a surprisingly strong grasp of the issues in the case. Trek's lawyers contended that Armstrong's alleged doping had no bearing on the case, that LeMond's criticism, true or not, damaged the Trek brand. Kyle, in his questions, seemed to cast doubt on that claim, and wondered if the long term damage to Trek would be greater if Armstrong were to be found to be a doper. In closing, Kyle suggested both sides settle the case, or keep March open if the case went to trial. He then suggested that Lance Armstrong appear at the trial. This came as a surprise to both sides as neither had suggested Armstrong appear. The fact that Kyle brought it up of his own accord suggests that he thinks Armstrong's record is germane to the case.

More on the hearing once the transcript becomes available. Nathaniel Vinton's reporting on the case here and here.

Kristin Armstrong Deposition

Meanwhile, I received Kristin Armstrong's October 1st deposition in the mail. Armstrong's testimony was sought because she is believed to have been present when Lance Armstrong allegedly told Trek CEO John Burke to damage LeMond's bike brand in retaliation for LeMond speaking out against Armstrong.

Here's a synopsis:

Things Kristin Armstrong can't remember:

Conversations with Betsy Andreu and Emma O'Reilly.

Whether Lance Armstrong expressed displeasure towards LeMond in the presence of Frankie and Betsy Andreu.

Whether Lance Armstrong spoke to Trek CEO John Burke about LeMond.

Whether she was present while Lance Armstrong called LeMond to express his displeasure.

Questions Armstrong wouldn't or was instructed not to answer:

Were there doping allegations against US Postal?

Did she ever meet Dr. Ferrari?

Did Ferrari ever have dinner at their house in Austin?

Did Ferrari sell her a hyperbaric chamber?

Does she remember the rest stop meeting with Ferrari detailed in 'From Lance to Landis'?

Has she ever witnessed Lance Armstrong using a controlled substance?

Whose Lawyer is it Anyways?

And then there's this exchange between LeMond lawyer Jaimie DiBoise and Armstrong about her lawyer Tim Herman:

Q: Oh, when did you hire Mr. Herman?

A: I don't know the date.

Q: Yesterday?

A: No.

Q: Has he been your counsel for a long period of time?

A: I don't know the exact date that the representation began.

Q: Okay. Is he Mr. Armstrong's counsel?

A: Yes.

Q: Are you paying for his services?

A: I don't know. I haven't gotten a bill yet.

Q: Do you have an agreement with any, with your ex-husband about covering any legal bills related to him?

A: No. We haven't discussed anything like that.

Q: Other than this deposition, have you ever consulted with Mr. Herman before?

A: We've spoken before, but it – we haven't – there's been no, no need to do anything. I've never been asked any questions or deposed or there's been no, nothing of any sort.

Q: So you've never sought legal services from Mr. Herman prior to this deposition. Is that correct?

A: That's correct.

The Fraud Complex

Armstrong blogged about the Fraud Complex one week before the deposition, and then is stricken with selective amnesia about a whole host of events. She took a pass when given the chance to absolve her ex husband of doping, of associating with Ferrari, of meeting at a rest stop to pick up a package from Ferrari. To be fair, her refusal to answer could simply be because Herman has deemed questions about Lance Armstrong's alleged doping irrelevant to the case. She ended her blog post by saying she was heading in the direction of being a better person.

 

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soooooo
By: Mats Rim
Wed, 11/18/2009 - 10:06pm

He should just let Lance call him a fat whiny jealous guy over and over. Yeah, Greg. Shut up.

Lemond in one word: Nightmare
By: Luca Liner
Wed, 11/18/2009 - 9:18pm

i am not an armstrong lover, so let's get that straight here and now before all the flames. at the same time, i think lemond is a whiny, annoying PIA and it annoys me to no end to never/barely ever see anything critical of HIM on this site. this is a good article that questions lemond's true motives with this lawsuit, which is something that has yet to be discussed here as far as i know. it's funny that most of his business dealings seem to have fallen apart in catastrophic ways even when he couldn't blame armstrong for it. trek/armstrong conspiracy? perhaps. how about a bitter old man with a huge ego and an even bigger inferiority complex with a desire to sue anyone who slights him? more likely.

http://redkiteprayer.com/?p=1237

"The small children wail for
By: Cassandra
Wed, 11/18/2009 - 5:08pm

"The small children wail for their own death and the flesh roasted that their father fed upon." Oh, wait -- that was Atreus, not Armstrong. Still, let's not let the facts get in the way of a good argument.

My point
By: Konstantin Seatstay
Wed, 11/18/2009 - 4:39pm

is simply that the guy has many faults more prominent than his parenting, if that is even one of them. I'm not divorced, nor wealthy enough to employ a staff to help care for my two kids, so maybe I don't understand the situation completely. But it seems like there are many more valid criticisms that could be leveled at the lying, cheating, vindictive s.o.b. Don't you think so?

Who cares if he is divorced and has had a child out of wedlock? Many good people have done the same. Even people who love their kids and take good care of them.

Here's hoping Contador (or anyone else) denies him an 8th victory next year.

bet his kids were psyched he
By: Romain Bearing
Wed, 11/18/2009 - 3:40am

bet his kids were psyched he was partying with the olsen twins, who they watched on full house re-runs.

kids as pawns
By: Guccio Polished
Wed, 11/18/2009 - 3:23am

recent twits I don't see by here, but they are there.

kids as pawns
By: Guccio Polished
Wed, 11/18/2009 - 3:07am

Who's twitted photos constantly of their kids? Who's constantly trying to convince the world he's actually a hands on dad (how many days a week does he see them?) Interesting, he posts pictures of his kids for all to see, yet his nanny/laf staffer who watches them seems to be doing so much for those kids when he has them - whether it's making their lunch the next day or helping them with their homework.

His cancer is used to preclude any suggestion he's doped. Now his children are being used to prevent questions from being asked and honestly answered?

Try something else.

i go to the same doctor as
By: Guido Torque
Tue, 11/17/2009 - 10:09pm

i go to the same doctor as bruce cutler. i guess that makes me mobbed up

There are lots of
By: sasha
Tue, 11/17/2009 - 9:58pm

There are lots of circumstantial events/happenings, like Ferrari, but it is not proof. Even you know that.

Woah, Guccio.
By: Konstantin Seatstay
Tue, 11/17/2009 - 9:46pm

Let's leave the personal stuff aside, eh? There's plenty of entertainment here without dragging the kids into it.

Nice work on coverage of this issue.
By: Kevlar Kid
Tue, 11/17/2009 - 9:05pm

ad the mainstream media never does their job on any real issues. Has anyone else questioned LA's connection with Ferrari besides LeMond?
Sacha - did you ever explain Lance's relationship with Ferrari?

poor poor "Kik"
By: Guccio Polished
Tue, 11/17/2009 - 5:21pm

It's a simple "yes" or "no" answer. Ms. Holier Than Thou should read her own work and tell the truth. And, it was Lance's lawyer who represented her, not her own. I'm thinking of Mark McGwire right about now.
For those of you who are so afraid she'll do harm to her children should she tell the truth of the fraud, just how did she protect those kids when daddy had a baby with a woman they barely if even knew? That's more damage to those kids than the doper Armstrong is.

Kristin, and her lawyer, did
By: Lorenzo Rivnut
Tue, 11/17/2009 - 3:32pm

Kristin, and her lawyer, did the right thing in refusing to answer certain questions. Don't blame them for that. You should not interpret her silence to mean anything. This isn't like TV where the suspect caves in under pressure and just confesses.

This does seem like a fishing expedition where GL and his lawyer are trying to grasp at anything they can. But you need to keep in mind that Trek changed the direction of the lawsuit when they said that when GL spoke of LA he harmed Trek. The judge very smartly asks if LA is found to have doped whether that would have also damaged Trek. Trek & LA opened themselves up to this line of questions simply because they wanted to shut up GL. Their strategy is backfiring and GL and his lawyer are taking advantage of that. I'm pretty sure this case will be settled before it goes to trial. LA, and Trek, don't want to risk being questioned in court about the events leading up to this.
Trek obviously wasn't keeping up their end of the contract with GL.

clap on.... clap off... clap
By: Victor Fork
Tue, 11/17/2009 - 3:24pm

clap on....

clap off...

clap on, clap off...

the clapper!

ok, so the spelling police
By: Spelling police
Tue, 11/17/2009 - 2:46pm

ok, so the spelling police cannot spell "listed" either.

Google Friendly
By: Spelling police
Tue, 11/17/2009 - 2:45pm

FYI to get listex high in the Google searches for this case, and to ward off other spelling police, all US courts spell "judgement" (as in your title) as "judgment" (as in summary judgment). I know it looks wrong.

dong work for yuda
By: harry skotim
Tue, 11/17/2009 - 9:54am

a zappa reference, i love it.

Here we go again. Pure
By: Sacha
Tue, 11/17/2009 - 5:17am

Here we go again. Pure speculation, no proof. Of course she can't say anything: nothing to say or lawyer told her not to even deny if it will hurt his unrelated case. If she denied it, you would all say conspiracy anyway and she got paid off.

Did you see the article about USA Cycling having its biggest enrollment year ever, speculating the LA factor. Don't you think that they are pulling strings too? Maybe they got paid off, along with UCI, WADA, Kristen A., Landis, Levi and everyone else. It is a Lance-wing conspiracy.

Give me real proof, like a positive test (not rumors of one done on 8 years ago urine)

lemond should not
By: pearl e. gates
Tue, 11/17/2009 - 4:26am

negotiate with terrorists

Dong Work For Yuda
By: Diego Limit Screw
Tue, 11/17/2009 - 3:57am

Oh yes, how selective the memory of "Kik" becomes. One can only hope this goes to trial, oh please please pretty please. I like the Judge!

Dear Stan...
By: Jeremy Compliant
Tue, 11/17/2009 - 3:05am

Don't you know who Och be? He is the Godfather himself...

Quite entertaining
By: Stan Axle
Tue, 11/17/2009 - 2:52am

and juicy... It's better than watching Law and Order.

Let's all turn our BS detectors up to 11. If it smells like s@#! then it's probably s@#! How LA continues to shuck and jive is beyond me. He made a deal with LCF himself. The dude has a job as a consultant to the mob if he ever decides to get out of the pharmathlete business.

@JC - Yeah can you believe it, Baldato as DS of BMC. I'm sure he knows a thing or two about the "program".

all i wanna do is have some
By: Charles Steerer
Mon, 11/16/2009 - 11:34pm

all i wanna do is have some fun, since every day is a winding road.

will Radio "The" Shack be
By: Jeremy Compliant
Mon, 11/16/2009 - 11:21pm

will Radio "The" Shack be involved? How about GH? And the UCI / IOC corruption charges???
I say it goes to trial, but GL becomes a ship that sails w/o a harbor, a man in exile...win the battle, but is his name and reputation really restored? or, did he simply bring down a man that is hope in the face of cancer for probably over 100 million... am not an Armstrong fan, far from it, but all this is ego and money, not principle...Armstrong should depose Otto Jacome, Johan Lammerts, Atle Kvalsvol, and see what "IRON" shot GL took at the Giro and during his "miracle" 1989 Tour...please, those that live in glass houses shouldn't throw stones, or take drugs then accuse others of the same...

Lets race! or at least talk about Baldato being DS for BMC???

Two Catholic Women
By: A rich ex
Mon, 11/16/2009 - 10:36pm

who practice their religion. One blogs about how holy she is, the other we never hear from. One blogs about God and spirituality. The other we never hear from. One talks about all things religious, the other doesn't talk it she walks it. It's so easy to talk about God, the truth, and love. It's much harder to act it. Two women connected to Armstrong. One lying by omission. One facing the consequences of refusing to lie. Kristin and Betsy. And of course, only two media outlets reporting the facts: you and the New York Daily News.
How appropriate the former Mrs. Lance Armstrong blogged about being a fraud. The shoe sure does fit.

Marion Jones
By: Egon
Mon, 11/16/2009 - 10:24pm

that chick went to jail for purjury

not sure if it applies here cause that was a federal thing

I just hope
By: Xander Headset
Mon, 11/16/2009 - 10:07pm

this thing sticks close to the - Trek / Lemond - and not turn into Lance the "supposed" doper hearing. LeMond should be concerned that things not go down that road since it seems to fight that battle would be like driving down a well worn road to a brick wall. I like the "what if" position posed by the judge but I hope lawyers bring a little more than just make Lance look jerky (thats old biz).

Nice.
By: Dylan Biopace
Mon, 11/16/2009 - 8:16pm

Great summary of a series of events- if only a quarter of them are true it makes Lance seem like such a doosh. I can not wait for him to retire again.

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