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re: Attorney 'very optimistic' LSU CB Kristian Fulton will return for 2018

Posted on 8/3/18 at 9:04 am to
Posted by doubleb
Baton Rouge
Member since Aug 2006
36237 posts
Posted on 8/3/18 at 9:04 am to
[quote]
He already admitted to trying to tamper with the test, that's really not a question, /quote]

That's the key. From what I understand, tampering with a test is a one year penalty, tampering with s sample test is two years.

Exactly what did he do?
Posted by ctiger69
Member since May 2005
30616 posts
Posted on 8/3/18 at 9:08 am to
Posted by rbdallas
Dallas, TX
Member since Nov 2007
10340 posts
Posted on 8/3/18 at 9:29 am to
I hope he does and I feel somewhat confident...
his attorney is an ALABAMA BASED ATTORNEY.
Posted by SportTiger1
Stonewall, LA
Member since Feb 2007
28504 posts
Posted on 8/3/18 at 9:45 am to
quote:

Why are so many down voting this ?

quote:

Tiger Ree


#autodownvote - its a new setting through Google.
This post was edited on 8/3/18 at 9:47 am
Posted by SportTiger1
Stonewall, LA
Member since Feb 2007
28504 posts
Posted on 8/3/18 at 9:55 am to
quote:

I have no idea if Fulton is going to be reinstated. I really hope he is.

But, this reveals the strategy, and frankly it makes me less confident. They are trying to win on a technicality that, even if acknowledged, didn't have a material impact.

They are saying the collector failed to follow protocol. Potentially, that breach of protocol could invalidate a positive test. But, the test wasn't positive. So, what's the impact?

I'm hoping for the best, but I'm afraid we are trying to win on a technicality.


Definitely an interesting strategy. We shall see.
Posted by moneyg
Member since Jun 2006
56736 posts
Posted on 8/3/18 at 9:57 am to
quote:

Depends on the specific type of tampering he allegedly engaged in. Could have been that he is accused of pounding water to try to get a dilute sample. The argument there would be that the residual water from the first test still in the container tainted the second collection (to which Fulton was entitled).



That's not the accusation. He has admitted to the tampering. This isn't a case of trying to put forth a plausible explanation for the tampering charge.

quote:

Could be that the first test threw up markers for chemical tampering. Lots of people try to use bleach or other reagents to induce a false negative. The argument there is that the container had the chemical in it before he used the container, therefore BOTH samples would have been tainted at collection.



Again, this isn't the case. This would make sense if they were arguing that the "tampering" charge was bogus. They are not doing that.

quote:

Regardless, there are plenty of things a tech can do (including "forget" to switch a collection container) that would negate the scientific validity of a drug test


The drug test in question that would be negated was a NEGATIVE result.

quote:

And there's plenty of case law--at least in the employment law context, which I think is analogous--to suggest that courts are not friendly toward violations of drug testing procedures.



Thus the technicality. They aren't saying the results were flawed due to a failure to follow procedures. They are saying that the failure to follow procedures should be a "got out of jail free card" even though they:

a.)admitted to the tampering
and
b.)acknowledge the test result itself isn't the cause of the suspension

quote:

None of that would constitute a "technicality."

I'm calling that a "technicality". You can call it whatever you want.
This post was edited on 8/3/18 at 10:17 am
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 8/3/18 at 10:10 am to
quote:

Haters will turn this against O



I mean, is it hard being this insecure all the time? Sounds exhausting.
Posted by mister coffee
Member since Jul 2018
484 posts
Posted on 8/6/18 at 2:46 pm to
Brooks Kubena:

quote:

The NCAA decision regarding LSU CB Kristian Fulton's status could come Thursday evening/Friday morning, family attorney says.
Posted by WM_Tiger
NELA
Member since May 2017
1577 posts
Posted on 8/6/18 at 3:04 pm to
Looking good
Posted by Dave England
Member since Apr 2013
5107 posts
Posted on 8/6/18 at 3:08 pm to
NO because they hate you.
Posted by ROPO
Member since Jul 2016
3102 posts
Posted on 8/6/18 at 3:24 pm to
I do not think it can be understated how much of a benefit Fulton's reinstatement will be. I'm not expecting a first year starter to come in and be lights out, but Fulton is a real talent and will allow us to play our DBs in their more natural role. Just the added depth alone will be hugely beneficial. Let's not even talk about what it will mean if he is truly better than Greedy.

I kind of wish this weren't so public because I now have my hopes up.
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