A Spanish appeals court is set to consider the fate of the Operación Puerto doping scandal Friday in a decision that will have major implications for cycling’s fight to clean up the sport.
Three judges in Madrid’s Audiencia Province are expected to consider whether to reopen the investigation or take no action and leave the case permanently closed. With the slow hands of Spanish justice, it’s unclear how soon a decision will be released.
The Puerto case has remained in limbo since March when Spanish judge Antonio Serrano ordered the investigation closed. The UCI, the Spanish cycling federation and the Spanish prosecutors office appealed that decision.
If the appeals court decides to reopen the case, Serrano will be required to reactivate the investigation but without the power to retroactively apply Spain’s new tough anti-doping law that was introduced six months after the original Puerto raids in May 2006.
Even if the case is reopened, it’s unlikely that Serrano will be able to force DNA testing on some 200 bags of blood and plasma found in police raids.
If the court takes no action, the case will remain closed, with little or no opportunity for officials in Spain and other countries to use Puerto documents in their investigations.
The 2006 raids blew the lid open on an alleged widespread doping operation that included dozens of professional cyclists and athletes from other sports, though the media and the courts have focused almost exclusively on cycling.
Some 200 bags of blood and plasma were confiscated in police raids along with training documents that outlined elaborate doping practices. Codenames and a numbering system identified alleged clients that forced several top riders out of the 2006 Tour de France, including 1997 champion Jan Ullrich and pre-race favorite Ivan Basso.
At the center of the ring was Spanish gynecologist Eufemiano Fuentes and hematologist Merino Batres. The two were arrested along with former Liberty Seguros manager Manolo Saíz and two others.
All five were eventually released without charges. Because the raid occurred six months before Spain passed anti-doping legislation, only Fuentes and Batres faced relatively minor charges of “endangering public health” relating to the means by which blood packets were stored.
Serrano said there’s not enough evidence to file charges based on the narrow definition of the existing law at the time of the raids and decided to close the case last spring.
Despite more than 60 riders thought to be implicated, prosecutors and anti-doping officials have been unable to effectively use the evidence due to the legal quagmire.
So far, only three riders – Ivan Basso, Jörg Jaksche and Michele Scarponi – have admitted to working with Fuentes. All three are serving racing bans. Ullrich has consistently denied involvement, but a DNA test directly linked the German rider to several bags stored by Fuentes. Ullrich eventually retired, although he continues to declare his innocence.
Others, too, have been stigmatized by alleged Puerto links and either have been forced into retirement or left with few options to race on bigger teams.
Francisco Mancebo, for example, saw his name in headlines for alleged links to Puerto and lost out on a million-dollar contract with Ag2r and is now racing in Portugal for 15,000 euros a season.
American Tyler Hamilton’s effort to return to the sport in 2007 suffered a setback after being mentioned in connection with the case. Having served a two-year suspension for homologous blood doping, Hamilton signed a contract with the Russian-financed Tinkoff Credit Systems team, but was left off of the squad’s roster for the Giro d’Italia and didn’t race in team colors for the remainder of the season. He has since joined the American domestic team Rock Racing and is expected to ride in 2008.
Whether closed or not, the Puerto scandal continues to dog the top ranks of cycling. Defending Tour champion Alberto Contador has repeatedly denied reports that he worked with Fuentes. Alejandro Valverde is another high-profile rider who denies Puerto links despite what many say is evidence linking him to Fuentes.