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.