Has Floyd Landis commited perjury?

And, if so, what are the possible consequences?

Small study break thoughts as follows. (yes, I’m dumb enough to enroll in summer school) Back in May of 2007, Mr. Landis testified at an arbitration hearing in California. I’ve not seen an “official” transcript from the proceedings, but I’m pretty sure Landis said, under oath, that he did not use performance enhancing drugs.

Landis got his first chance under oath to tell his story his way, to firmly deny using performance-enhancing drugs and portray himself as a person of character.

sports.espn.go.com.

It would appear as though he has.

The relevant statute is California Penal Code Section 118:

§ 118 (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury.
This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or
subscribed within or without the State of California.
(b) No person shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence.

law.justia.com/california/codes/pen/118-131.html.

Oath. Testifies. States as true any material matter which he knows to be false. Guilty of perjury.

And look at part b. The proof of falsity comes from his own mouth.

Do you hear a clock ticking? ‘Cause I sure do. When does the statute of limitations toll?

§ 801.5. Notwithstanding Section 801 or any other provision of law, prosecution for any offense described in subdivision (c) of Section 803 shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later.

law.justia.com/california/codes/pen/799-805.html.

Four years after the state finds out about the offense (as in now) or within four years after it occurred. Tick tock.

§ 803. (c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:
. . .
(2) A violation of Section 72, 118, 118a…

Source: Id.

When the offense has been discovered. As in this week. Not 2007.

This doesn’t look good for Mr. Floyd Landis. This is serious offense.

§ 126. Perjury is punishable by imprisonment in the state prison for two, three or four years.

Id.

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About big jonny

The man, the legend. The guy who started it all back in the Year of Our Lord Beer, 2000, with a couple of pages worth of idiotic ranting hardcoded on some random porn site that would host anything you uploaded, a book called HTML for Dummies (which was completely appropriate), a bad attitude (which hasn’t much changed), and a Dell desktop running Win95 with 64 mgs of ram and a six gig hard drive. Those were the days. Then he went to law school. Go figure. Flagstaff, Arizona, USA

18 thoughts on “Has Floyd Landis commited perjury?

  1. Floyd can go straight to hell. he should’ve left well enough alone and not begin to fling crap all over in order to clear his conscience. Doping exists, but when we don’t publicize it, we don’t think about it and are heroes become real again. Floyd is a bitter loser and should bear the full legal brunt of his latest actions. In other words, he’s an ass.

  2. Well…that depends on the what the meaning of “is” is…

    Perjury? Who gives a fuck anymore? The fucking president of the country perjured himself and walked away smirking as the media made it look like a bunch of whiny conservatives were complaining about a blowjob.

  3. There’s what he committed and what will hold up in court. I doubt that Floyd has a whole lot of physical evidence to support his latest claims, so if a perjury charge wasn’t brought on the day of his testimony there’s not much more to make one stick now. On that day, when he gave testimony in direct contradiction to physical evidence, it was fair to assume that he was lying. It will take a while to talk anyone into corroborating his new statements, because everyone he implicated is still involved in racing. Who’s going to throw themself under the bus to support a criminal charge?

  4. Yes, he perjured himself. So do that pussbag Joe Papp…birds of a feather?

    He also is likely guilty of libel and defamation…several counts.

    Too bad he has nothing to take in the lawsuit!

  5. You may be dumb enough to sign up for summer school, but you’re not dumb enough to admit to perjury. No one ever said Landis was very bright.

  6. you know – I bet that’s what Lance was thinking about when he crashed “Dude I can totally pay off the California DA to prosecute that back stabbing traitor Landis on perjury, awesome” then he crashed…

    now he’s meeting with what ever DA will take his bribe…

  7. Who cares if he has?

    This is no longer about Landis.

    The FDA and WADA are now involved and chasing it. No-one is going to care if Landis has perjured himself. In fact, he is no longer even all that important to this. The feds can investigate this all on their own now. The UCI are on notice. USADA and USA Cycling are both now on notice that they have a problem, and they cannot investigate each other – which means external third parties …….

    The best news in all of this? The whole stinking, rotten, corrupt mess may finally be starting to come apart.

    Burn the whole thing down, plow it into the ground and start all over again. MAybe it can be cleaner next time.

  8. Obviously being the rider who “admits” is not easy, but how destructive is the Armstrong “I’m a hero” schtick? How are those involved with his cancer publicity front going to feel when he can’t squash the truth. Talk about destructive. Kimmage was right: the cancer is back. Fuck him, burn it down.

  9. # GeWilli Says:
    “now he’s meeting with what ever DA will take his bribe…”

    right, and obama wants to turn the US in caliphate….please….

  10. Actually, yes, the President perjured himself while testifying, but why were charges not brought against him for doing it? Because the testimony he was giving that he perjured himself on (having relations with Ms. Lewinsky) was NOT pertinent to the investigation that was going on.

    And the media didn’t portray the conservatives as being whiney about a BJ, it’s because THEY WERE being pissy about a blow job, and tried to impeach the president because of a blow job. Millions of dollars spent for what? Nothing…

  11. I thought in his interview that the whole point of confessing now was that it WAS within the statute of limitations. Didn’t he say something along the lines of “if I don’t do it now, then what’s the point”. Call me naive, but the guy is low enough in his life now to have to call his Mom to let her know he lied, cheated and stole(not an act we should take lightly). What is the moral point of confessing if you don’t have a punishment waiting for you upon doing so?

  12. Different time frames for different charges against different parties.

    I’m not 100% solid on this, I’d have to go back and re-read some of the earlier articles, but I think it is 8 years for the UCI/WADA or someone to investigate charges of doping during a particular event. And 4 years for the state of California to bring charges against Landis (or anyone else involved) for perjury.

  13. Guess you were caught in the snowjob, too, then Giant. I, personally, as a conservative, was a BIT more cheesed about the whole “lying under oath” thing than the Monica-lying-under-the-desk thing. But I digress…Floyd lied under oath…the place where it’s the most damning to lie…I guess if somebody brought the charges, he’d have to take the medicine. I’m betting he knows this, as well…which might give his story about wanting to come clean for his own peace of mind a bit of creedence.

  14. They should charge him with perjury to set an example for the other cyclists who think they can lie their way out of it. Those journals he alleges to have kept would be the star witness. Look at the Barry Bonds case. The drug use didn’t get him in trouble with the law, it was lying under oath that was not taken lightly. Balco’s journals took center stage.

  15. I’m not looking to be a Clinton apologist. He should not have perjured himself. That was a very bad move. That is all.

  16. Also, has he not committed fraud in claiming he was innocent in order to take monies for his defense. Could someone that donated to the fraudulent “cause” not create a class action law suit for all persons who donated under the assumption he was telling the truth.

  17. thanks jonny. i was wondering about the statute for perjury in CA court of law. good times ahead.