The federal government has appointed California based prosecutor Doug Miller, a U.S. Assistant District Attorney from Los Angeles who had a hand a hand in helping to indict and convict San Francisco Chronicle reporter Doug Ellerman, who leaked confidential information to the media in the BALCO case. Ellerman received a 30 month sentence and served 16 months before being released last year.
Miller will work with FDA lead criminal investigator Jeff Novitsky, who has already gathered much information on doping in cycling from Floyd Landis and other cooperating witnesses.
While Armstrong has been quick to dismiss Landis’ claims, citing a lack of credibility on Landis’ part, obviously the government is taking Landis’ emails, which have cast aspersion on so many in the cycling community, including himself, very seriously. Some of those emails are posted for you below.
From: Brent W. Kay, M.D.
To: Floyd Landis
Cc: Andrew Messick
Sent: Wed, Apr 28, 2010 5:43 am
I met with Andrew Messick yesterday and had the opportunity to discuss some of the current issues that we are facing. We discussed a variety of issues and I will try to address as many of these as possible. I have always stood behind you from the time of your hip fracture and always felt very fortunate to have been a part of the ride to the top but also a great sense of obligation and duty to see it through during the last 4 catastrophic years. The only thing I really asked of Mr. Messick is that we call a truce for a couple days and would ask that you treat Lance and others with basic respect and professionalism for the next few days to give us a little breathing room to try to figure this whole thing out.
Despite countless challenges and a million reasons to abandon your cause I could never live with myself if I gave up. That is until now. I am a dead man walking and there is nothing left, everyone around us is dead or dying and I feel like something very bad is going to happen to me. I try my hardest to put on a show that I still care but it is all rapidly leaving my mind and body. You know this to be true as you have watched me cry recently during several of our discussions, and I haven’t cried in 40 years. This is killing my family and I need out.
Nobody will ever understand what you have been through except a small group, primarily our wives and I. Nobody will ever know how bad you were f–ked over except us. We are going to stand behind you no matter what, we still love you and always will. We know you didn’t do anything wrong and that you won the Tour de France fair and square. We want you back and away from all the bitterness, anger and hatred. We all feel a great sense of remorse and wish that we could have done a better job to support you but we gave you everything we had. We do not feel like you put us through this, we know how bad it hurts you that everyone had to endure this but rest assured we know it was not your fault.
But now I am going to ask you to do some things that you do not want to do. I am asking you to do these for me, Amber and Kim. No suggestions or recommendations, I am asking you to do me a big favor. You said you would like to someday pay back everyone that has supported you; this is your opportunity to pay us all back a hundred times over. I know that you do not want anything out of this but there are certain things I believe you deserve, basic human dignity being the most important.
My idea is completely in line with your adamant stance that you do not want anything out of this. I completely understand that you don’t want or need money out of this. Despite all the expert’s calculations on how you lost $20 million on this whole thing I know you need nearly nothing to live. You always talked about how your dad would never spend a dime on anything and you have the same trait, I understand that you need almost nothing to survive. I know you are true to your word after Lance accused Rahsaan of some conspiracy and/or extortion scheme and your first decision was to have the press conference immediately to prove that wrong. I take great pride in the fact that I was able to talk you out of that.
So to speak, I don’t think anyone is calling your bluff now. I am trying to make that very clear to everyone involved; Floyd has nothing to lose and he does not care about any consequences of his actions. In this matter I can only hope that I am successful. I have had a very hard time explaining this position but I suppose you just can’t explain it unless the person you are talking to has gone through it.
Anyway my personal interpretation of the situation is that cycling has repeatedly tried to “s–t you out” (for lack of a better term) and that is not how you are willing to let it go down. Despite all the positive changes that you personally have affected in the anti-doping system nobody will ever give them credence with your history. To get rid of the top guy at usada, wada, uci, and eliminate the lab are amazing accomplishments. Of course the dissolution of the French lab and all the new testing standards is testimony to the success of your endeavor to overhaul the corrupt anti-doping system.
My idea is based on a “win-win” philosophy. Of course I am no legal expert so I guess it has to go through an attorney or Lance’s attorneys have to say it’s completely fine and acceptable or something. If there is any issue about this being unlawful or some kind of wrong doing then I absolutely want out of the whole deal right now and will leave cycling for good. Its ok, I don’t have to continue. Have your press conference and be done with it, we will still be here for you. I have put my family through hell with all this and I will not be part of any illegal or inappropriate scheme. I’m satisfied with my experience and accomplishments in cycling now and there is much more out there in the world for me. I never did anything wrong and won’t start here.
The “win-win” would extend to all parties; you, Lance, usada, usac, tour of California, etc. The fight against doping would continue. The Tour of California would continue, etc. etc. It’s a simple straightforward idea and, if anything, selfish on my part. I want all these things to happen, I want you happy, I want Lance happy, I want cycling happy, I want to continue the fight against doping in sports, I want my kids to get the pleasure of seeing you and Lance together. I want you to introduce them to Lance. They were 10, 12 and 13 years old when this started and now the oldest is going to college. This has been a major part of their life, from the broken hip to the victory to the downfall. They deserve this opportunity and they deserve to be set free from all the anger, hatred and bitterness that you and I hold onto. They love you and think the world of you and are very proud to tell their friends they know you. That’s hardcore given everything we have put them through.
I am not sure Lance would even consider this but Mr. Messick did say they were willing to work with you on this. The idea is very simple and focuses primarily on basic human dignity. Like I said before, I think cycling owes you an apology and that of course is far too vague to ever happen. Although you have never said it and maybe don’t even realize it, I think what you need most is for everyone to say they are sorry that you were the fall guy, sorry that you had to take the bullet, sorry you were set-up, sorry your life was completely ruined and sorry for not doing more for you. If this was one of the top American sports, a union would have shut the other side down and none of this would ever happen. Maybe that is your calling in life when you finish riding-form and run a cycling union in the states so nobody ever has to go through this again.
Anyway my idea is for you to ride with lance on his team, have them work to re-build your image and be fairly compensated as a Tour de France Champion. Everyone, particularly the fans, would love to see this. I’m pretty sure that both you and Lance will not want to do this and that is why I am asking you to do it for me and my family. I think you have done enough good things now and have just about regained all of your champion form that they should be able to figure out the media part of it. They are the biggest and best in the world at that stuff so while it might be very challenging it should not be that difficult with your current story; you recently started working with a foundation helping black inner city kids, you have regained your previous form, you still have the whole hip story (which remains untapped) and you are a strong anti-doping advocate. In addition there never was an international arrest warrant so when this comes up it is just another lie from that lab. Don’t forget that lab tried to f–k Lance too.
You would have to chill out on that team and just do your job. You have worked with them before and everything could be settled in advance. Keep it simple and just agree to do a few races, maybe with the focus on winning the vuelta and tour of California the next couple years. I told Mr. Messick that you have no interest in doing the tour de France again as I’m sure this would be a major concern of theirs. I think you should be compensated as a former tour de France champion; I do not have much of a frame of reference with cycling salaries outside being involved with the domestic teams recently. I do know that several guys of much lower status make a million a year or so, I would hope it would be much more than this. I do not want to be involved in any type of negotiation on price, maybe you guys pick a couple top rider’s (like Cavendish/wiggins/contador) salaries and average them and that’s the number.
If you guys agree then maybe you ride for ouch until the tour de france is over and make an announcement after that time and then go ride the vuelta. I am willing to do whatever it takes to make this work.
As far as my new team I don’t really care if you leave or not so that is not an issue. Otherwise if either side does not like this idea just throw this in the trash and be done with it, have the press conference and get it over with. But, once again, I’m asking you to do this for me and my family so we can move on with our lives and leave all the anger, hatred and bitterness behind. Thanks Floyd.
—— Forwarded Message
From: “Brent W. Kay, M.D.”
Date: Mon, 3 May 2010 15:15:53 -0500
To: Lance Armstrong
Subject: Fwd: toc
fyi. This was final request for toc invite. These were some of Messick’s concerns about letting us in, I think we deserve to be in from a competitive standpoint and was following up with him on the matter.
More to come as I search emails right now.
From: Brent W. Kay, M.D.
To: Andrew Messick
Sent: Wed, Apr 28, 2010 5:59 am
I just wanted to follow-up on a couple issues regarding my interest in your race. Given the circumstances I do not feel like it is fair to ask you to let us in. However I would like to share some information regarding our team so that if you have an inclination to include us at least consider these issues.
1) I have essentially assumed control of the team and certainly have the power to make any adjustments, changes, deletions that might be required to improve our status. Any suggestions you can provide would be greatly appreciated.
2) Rahsaan would not be on the team for your race. He is a phenomenal crit rider with tremendous speed and I am working on developing his skills on the track but he is not a big stage racer and would not be on the final team.
3) I am working on adding another ProTour level rider-Pat McCarty.
4) I think the crew of Floyd Landis, Nathan Oneil, Hilton Clark, Pat McCarty, Matt Rice and Cesar Grejales is better than any of the domestic teams you have and on par with some of the protour team.
In any case thank you for your consideration. Please keep this strictly confidential.
—— Forwarded Message
From: “Brent W. Kay, M.D.”
Date: Mon, 3 May 2010 20:14:19 -0500
To: Lance Armstrong
Sorry to bother you again but I have to take care of my wife tonight and will be out until 9:30 pm or so. Please call as I would really appreciate your advice on a couple things. I will have the phone on after that time and I am usually up very early in the morning. Thanks.
—— Forwarded Message
From: “Brent W. Kay, M.D.”
Date: Wed, 5 May 2010 11:24:24 -0500
To: Lance Armstrong
Cc: Floyd Landis
Just wanted to follow-up on our discussion 2 days ago. Following our discussion I am well aware that cycling will (once again) ruin my life, through no fault of my own, if this all blows up. To that end I want to correct any misunderstanding regarding my role in this whole thing. I am most definitely on your side as well as Floyd’s, the work and effort I have put forth the past couple weeks are testament to this.
Unfortunately a number of parties have ruined my plan to help get Floyd OUT of cycling with dignity, respect and a good result from a top level race. From the beginning of the OUCH presented by Maxxis team until recently, we planned on competing for 2 seasons with the new hip and Floyd would go out on top at the Tour of California this year. This plan has been rocked repeatedly and ultimately killed by Andrew Messick and the Tour of California. They deliberately spit in our face when we had clearly displayed that we were fully qualified and capable of competing in the race. Our results from last week are clear evidence of this. We are clearly better than many of the teams entered; Spidertech, Jelly Belly, etc. This is the only reason I have fought so hard to get in.
In any case I have asked Floyd to limit his public comments to our team’s performance and the Bahati Foundation work as long as he rides for a team that I sponsor. I do not own the team and cannot make him do anything. That is the best I can do for you.
I personally hope that you two, as Champions, can come together and put the past behind you. Without a doubt, these feuds that you (and Lemond) wage only make all of you look worse, much worse in fact, and definitely not better. You would be much better served by working together, showing respect to one another and acknowledging how great a champion each other is. If you really think about it, the 3 of you are the only ones in the world you can consider your “peers”. After all you are American Champions that have won the hardest sporting event in the world. I believe that you should show a tremendous amount of respect to each other.
I believe Floyd is still capable of great things and now has a great story to go with it. Domestic racing has been a big joke to Floyd and this was the primary reason he was trying to get on a international level team after his was run out of the United team. I still think he could win the Vuelta this year and the opportunity would be plenty of motivation to get the last 10 pounds off. He has great fitness despite the excess baggage. I know neither of you can even stand the thought of this idea but Floyd winning the Vuelta for Radioshack would be pretty spectacular, for all us fans at least.
As Floyd’s Primary Care Physician I am unable to discuss his healthcare without his expressed written consent. I appreciate your comments and insight regarding his well being. My primary concern is for his health and of course my duty as a Physician far exceed any of this petty nonsense. I refuse to “jump ship” just because the last 4 years have been overwhelmingly stressful for myself and my family and may get even much worse. To this end I am obviously biased towards Floyd’s position and I hope you can respect this. Nevertheless I want both of you to come out of this victorious.
For full disclosure, I have copied Floyd on this email. I am out of my league with this problem but will be more than happy to facilitate any reasonable request. However I believe this is a job for the attorneys, not the Doctor.
My offer still stands if you ever want to come ride and stay in Temecula. Good luck this year.
From: Floyd Landis
Sent: Thu 5/6/2010 10:58 AM
To: Lance Armstrong, Steve Johnson
Subject: Fwd: Info
Begin forwarded message:
From: Floyd Landis
Date: May 6, 2010 10:46:01 AM CDT
To: Lance Armstrong, Hess, Stephen A, Andrew Messick
I should have included this in the last email but overlooked it. Please contact me in any of the following ways so I can give you the location at which you can serve me with papers.
I should also point out that this email trail will make a lawsuit after my public statements appear to be what it would be, a PR stunt, rather than what a lawsuit at the moment would appear to be. So once again I’d like to remind you that calling my close friends with allegations of alcoholism and insanity will be ineffective and certainly threats of “tweeting” that if I have something to say I should just say it reflect poorly on your mental well-being and maybe seeking help is a good idea for you. Of course like I’ve stated, a legal course is preferable.
From: floyd landis
Sent: Tue 5/11/2010 11:03 AM
To: Andrew Messick; Lance Armstrong, Dr. Brent Kay
Subject: USADA Meeting
I’d like to personally invite you to my meeting with USADA tomorrow in Los Angeles. You’ve both been vocal with the press about you stance against performance enhancing drugs and USADA, being the agency empowered to deal with this problem, could use your support and any information that you can bring to the table. I’m also going to invite Dr. Kay since he has been brought into this episode as the result of a threatening phone call from Mr. Armstrong last monday and wants to know the details. I thought this might also be a good time for you, Mr. Armstrong, to clarify your position on my alleged “alcoholism and psychological disorders” with Dr. Kay in person as he has indicated to me that your assertions were taken by him as an indictment against his medical practices.
Please let me know a time that would work for you and I’ll have the meeting scheduled to fit in with your other obligations for the day or if Wed. works better let me know and I can try to delay it a day.
Landis is a pretty fair writer, and I greatly enjoy his content.