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December 2016 Thoroughbred Rulings - Maryland Racing Commission

December 1, 2016 - Laurel Park
#16-212 Trainer, Gregory Sacco is fined $25.00 for not having the colors
for, “Model Citizen”, entered to run in the fourth race at Laurel Park on November 28, 2016, after receiving a warning on
(11/05/2016 ) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

December 2, 2016 - Laurel Park
#16-213 On December 1, 2016, the Stewards received notice from Truesdail Laboratories, Inc.
that blood sample #20212, dated November 11, 2016, contained a level of phenylbutazone found at 4.6 micrograms per milliliter of blood plasma – a violation under COMAR 09.10.03.04 Drug Prohibition-Horses. The Stewards, having determined that the sample had been taken from the horse “Maximus Meridius” following the running of the eighth race at Laurel Park on November 11, 2016, notified its trainer, Michael Moore that:

  1. He was being charged with a violation of the drug prohibition regulation, and
  2. He had the right to have the split of sample #20212 tested by an independent laboratory approved by the Commission prior to appearing before the Stewards for a hearing on this matter.

Trainer Moore was contacted via phone December 1, 2016. He did not dispute the charges and waived all rights in this matter.

Based upon the evidence before them, the Stewards have found the following:

  1. As per COMAR 09.10.03.04 E, trainer Moore was the absolute insurer of, and responsible for, the condition of “Maximus Meridius” at the time the horse ran;
  2. The level of phenylbutazone (4.6 mg/ml) found in the blood sample taken post-race from “Maximus Meridius” exceeded the permitted level of the drug (2.0 mg/ml) - a violation under COMAR 09.10.03.01-1 U;

Based upon the above, the Stewards hereby order that:

  • Trainer, Michael Moore, 2300 Putnam Lane, Crofton, MD 21114, is hereby ordered to pay a fine in the amount of five hundred dollars ($500.00).
  • Trainer Moore will be assigned one (1) Multiple Medication Violation Point.
    [COMAR 09.10.03.02 C]

December 2, 2016 - Laurel Park
#16-214 Farrier, Ehrick Gomez-Hernandez, is summarily suspended
until such time as he appears before the Anne Arundel Court system, to answer numerous police charges lodged against him regarding an incident which occurred November 24, 2016, on the grounds of Laurel Park.
Violation of COMAR 09.10.03.03 A (8)(9)(10)

December 2, 2016 - Laurel Park
#16-215 Trainer, Louis Cocelli, Jr. fined two hundred dollars ($200.00)
for failure to have the foal certificate on file with the Horse Identifier for his entry “Shoes N Sox”, entered to run in the fifth race at
Laurel Park on December 2, 2016.
COMAR:09.10.01.20,A[1][2]

December 2, 2016 - Laurel Park
#16-216 Trainer, Monti Sims, is fined Two hundred and fifty dollars ($250.00)
for failure to have the foal certificate on file with the Horse Identifier for his entry “Robin’s Revenge”, entered to run in the fifth race at Laurel Park on December 2, 2016, thereby causing a scratch.
COMAR:09.10.01.20,A[1][2]

December 3, 2016 - Laurel Park
#16-217 Trainer, H. Graham Motion, fined two hundred and fifty dollars ($250.00)
for failure to report the proper gender of his entry “Zimbabwe” that ran on December 2, 2016.

December 3, 2016 - Laurel Park
#16-218 Trainer, Louis Cocelli, Jr. is fined $25.00
for not having the colors for, “Shoes N Sox”, entered to run in the fifth race at Laurel Park on December 2, 2016, after receiving a warning on (11/25/2016 ) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

December 3, 2016 - Laurel Park
#16-219 Trainer, Paulina Sinnefia is fined $25.00
for not having the colors for, “Cara’s Nay Nay”, entered to run in the seventh race at Laurel Park on December 2, 2016, after receiving a warning on (09/25/2016 ) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

December 3, 2016 - Laurel Park
#16-220 Trainer, Mitchell Rappaport is fined $25.00
for not having the colors for, “Clem Gem”, entered to run in thesixth race at Laurel Park on December 2, 2016, after receiving a warning on (09/16/2016 ) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

December 3, 2016 - Laurel Park
#16-221 Trainer, Miguel Penaloza, is fined One Hundred dollars ( $100.00)
for not having the colors for, “Fortutious”, entered to run in the fourth race at Laurel Park on December 2, 2016, after receiving a $25.00 fine on (11/25/2016) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

December 4, 2016 - Laurel Park
#16-222 Trainer, Charles Spina is fined $25.00
for not having the colors for, “We Wilburn You”, entered to run in the seventh race at Laurel Park on December 3, 2016, after receiving a warning on (11/12/2016 ) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

December 4, 2016 - Laurel Park
#16-223 In the sixth race, at Laurel Park on December 3, 2016, horse #3 “Miss Nosy”, ridden by jockey, Yomar Ortiz was disqualified
from first position and placed second, behind horse #4 “Boosting”, ridden by jockey Alex Cintron. Inside the 1/8th pole, #3 “Miss Nosy” came over into the path of #4 “Boosting”, crowding that horse and forcing the rider to check and alter course to avoid clipping heels.
[Violation under COMAR 09.10.01.50, A (1) c, d & e, which states in pertinent parts: “A horse may not: (b) Cross in front of another horse without sufficient clearance, (d) Intimidate another horse, or (e) Impede another horse.]

OFFICIAL ORDER OF FINISH:
1st Boosting
2nd Miss Nosy

December 4, 2016 - Laurel Park
#16-224 Jockey, Yomar Ortiz, is suspended three (3) Maryland racing days
, December 10, 11 and 16, 2016 for riding the horse “Miss Nosy” in a careless manner in the sixth race at Laurel Park on December 3, 2016, thereby causing the disqualification of “Miss Nosy” from first to second position.
[COMAR 09.10.01.50, §A(2)(b) and §C.]

Inside the 1/8th pole, #3 “Miss Nosy” came over into the path of #4 “Boosting”, crowding that horse and forcing the rider to check and alter course to avoid clipping heels.
[Violation under COMAR 09.10.01.50, A (1) c, d & e, which states in pertinent parts: “A horse may not: (b) Cross in front of another horse without sufficient clearance, (d) Intimidate another horse, or (e) Impede another horse.]

December 4, 2016 - Laurel Park
#16-225 In the first race at Laurel Park on December 4, 2016, horse #8 “Andy’s Love”, ridden by apprentice jockey, Darius Thorpe was disqualified
from second position and placed sixth, behind horse #1 “Great Plan”, ridden by jockey Trevor McCarthy. Outside the 1/8 pole, #8 “Andy’s Love” came out under left handed whip into the path of #1 “Great Plan” taking his room away and causing the rider to check sharply to avoid clipping heels.
[Violation under COMAR 09.10.01.50, A (1) c, d & e, which states in pertinent parts: “A horse may not: (b) Cross in front of another horse without sufficient clearance, (d) Intimidate another horse, or (e) Impede another horse.]

OFFICIAL ORDER OF FINISH:
1st Holiday Mousse
2nd Bob’s My Uncle
3rd Squashville Road
4th Theyallcomehome
5th Great Plan
6th Andy’s Love

December 9, 2016 -Laurel Park
#16-226 Apprentice jockey, Darius Thorpe, is suspended three (3) Maryland racing days
, December 16, 17 and 18, 2016 for riding the horse “Andy’s Love” in a careless manner in the first race at Laurel Park on December 4, 2016, thereby causing the disqualification of “Andy’s Love” from second to sixth position.
[COMAR 09.10.01.50, §A(2)(b) and §C.]

Outside the 1/8 pole, #8 “Andy’s Love” came out under left handed whip into the path of #1 “Great Plan”, taking his room away, and causing the rider to check sharply to avoid clipping heels.
[Violation under COMAR 09.10.01.50, A (1) c, d & e, which states in pertinent parts: “A horse may not: (b) Cross in front of another horse without sufficient clearance, (d) Intimidate another horse, or (e) Impede another horse.]

December 9, 2016 - Laurel Park
#16-227 Trainer, Lilli Kurtinecz is fined $25.00
for not having the colors for, “Worldly Vision”, entered to run in the sixth race at Laurel Park on December 4, 2016, after receiving a warning on (10/30/2016 ) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

December 10, 2016 - Laurel Park
#16-228 In the matter of trainer Michael Trombetta, subject of Stewards’ Ruling #16-153 dated October 4, 2016:

Trainer Trombetta having filed an appeal with the Maryland Racing Commission of the penalties imposed upon him by the Stewards in Ruling #16-153, is hereby granted a stay of these penalties, pending a Commission hearing on his appeal.

December 10, 2016 - Laurel Park
#16-229 In the matter of trainer James Day, subject of Stewards’ Ruling #16-152 dated September 29, 2016:

Trainer Day having filed an appeal with the Maryland Racing Commission of the penalties imposed upon him by the Stewards in Ruling #16-152, is hereby granted a stay of these penalties, pending a Commission hearing on his appeal.

December 10, 2016 - Laurel Park
#16-230 Trainer, Michael Trombetta, is fined Two hundred and fifty dollars ($250.00)
for failure to report the proper gender of his entry “Rider On The Storm” that ran on December 9, 2016.

December 10, 2016 - Laurel Park
#16-231 Trainer, Heather Hollahan is fined $25.00
for not having the colors for, “Springers Point”, entered to run in the fifth race at Laurel Park on December 9, 2016, after receiving a warning on (10/23/2016 ) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

December 10, 2016 - Laurel Park
#16-232 Trainer, Daniel Velazquez is fined $25.00
for not having the colors for, “Gray Not Bay”, entered to run in the ninth race at Laurel Park on December 9, 2016, after receiving a warning on (12/02/2016 ) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

December 11, 2016 - Laurel Park
#16-233 In the matter of the 3yr. Gr/ro g. “Concordia’s Way”, owned by Sam E. English II and trained by W. Robert Bailes, winner of the fifth race at Laurel Park on December 9, 2016.

Following the running of the fifth race at Laurel Park on December 9, 2016, the Stewards were notified that the winner of the fifth race carried the wrong weight. The Stewards called Mr. Bailes to ask about the entry and weight carried. The Stewards called for a hearing regarding this matter. A hearing was held, Mr. Bailes appeared in the absence of counsel and waived his right thereto.

Based upon the evidence and the testimony presented at the hearing, the Stewards conclude:

  1. The horse “Concordia’s Way” was trained by W. Robert Bailes and entered in the fifth race at Laurel Park on December 9, 2016.
  2. Concordia’s Way” was listed in the official program to carry the weight of 119 lbs.
  3. The horse should have carried 123lbs [COMAR 09.10.01.57U] A trainer is solely responsible for the weight to be carried by any horse he enters.

Based upon these findings of facts the Stewards do hereby order the disqualification of “Concordia’s Way” from the fifth race at Laurel Park on December 9, 2016 for carrying the incorrect weight. The Stewards also order the redistribution of all purse monies by the horseman’s bookkeeper as follows:

OFFICIAL ORDER OF FINISH

  1. Jarvis Steel
  2. Best Yes
  3. Nice Tune
  4. Red Hot Warrior
  5. Springers Point
  6. Unruly Heir

Concordia’s Way- unplaced

December 15, 2016 - Laurel Park
#16-234 In the matter of the fifth race at Laurel Park on December 9, 2016, regarding the Stewards decision, involving the horse "Concordia’s Way”.

On December 13, 2016 trainer W. Robert Bailes filed an appeal with the Maryland Racing Commission, on behalf of Sam E. English II, the owner of “Concordia’s Way”. The appeal disputes the Stewards' decision to disqualify "Concordia’s Way”, winner of the fifth race at Laurel Park on December 9, 2016, for carrying the wrong weight.

As a result of that appeal, the fifth race on December 9, 2016, is hereby declared in dispute and the following ordered to remain in effect until the dispute has been settled by the Maryland Racing Commission:

  1. Both “Concordia’s Way” and “Jarvis Steel” shall be subject to all penalties attached to the winner of the race [COMAR 09.10.04.15, A(1)]; and
  2. The purse monies affected by the dispute are to be held by the Horsemen's Bookkeeper.

December 15, 2016 - Laurel Park
#16-235 In the matter of trainer Wayne Potts;

On December 8, 2016, trainer Wayne Potts appeared before the Stewards to answer charges that he had committed a violation of COMAR 09.10.04.19 Workers’ Compensation. Trainer Potts appeared in the absence of counsel and waived his right thereto.

At the hearing, the Stewards determined that:

  1. From August 31, 2015 until March 16, 2016, trainer Potts was operating his public stable without Workers’ Compensation insurance.
  2. Maryland Racing Commission regulations, under Section A of COMAR 09.10.04.19, require that a licensee who employs one or more individuals in “a racing-related activity” carry Workers’ Compensation insurance. And that a licensee shall notify the Commission in writing, not less than 5 days before the effective date, of the cancellation of the policy.
  3. Trainer Potts currently carries Workers’ Compensation insurance, and

Based upon the above, the Stewards hereby order Wayne Potts to pay a fine in the amount of One thousand five hundred dollars ($1,500.00).

December 17, 2016- Laurel Park
#16-236 Trainer, Charles L. Frock is fined two hundred dollars ($200.00)
for failure to have the foal certificate on file with the Horse Identifier for his entry “Miss Edmund”, entered to run in the fourth race at Laurel Park on December 16, 2016.
COMAR:09.10.01.20,A[1][2]

December 17, 2016 - Laurel Park
#16-237 Trainer, Eduardo Rojas, is fined One Hundred dollars( $100.00)
for, not having the colors for, “I’m Perfection”, entered to run in the second race at Laurel Park on December 16, 2016, after receiving a $100.00 fine on (11/06/2016) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

December 17, 2016 - Laurel Park
#16-238 Trainer, Angelo Jackson, is fined $25.00
for not having the colors for, “Cool Ruler”, entered to run in the first race at Laurel Park on December 16, 2016, after receiving a warning on (10/30/2016 ) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

December 29, 2016 - Laurel Park
#16-239 Trainer, Lilli Kurtinecz, is fined One Hundred dollars ($100.00) for, not having the colors for, “Worldly Vision”, entered to run in the ninth race at Laurel Park on December 26, 2016, after receiving a $25.00 fine on (12/04/2016) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

December 31, 2016 -Laurel Park
#16-240 Trainer, Patricia Farro, is fined $25.00
for not having the colors for, “Dame Amour”, entered to run in the second race at Laurel Park on December 30, 2016, after receiving a warning on (10/28/2016) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

December 31, 2016 - Laurel Park
#16-241 The Stewards do hereby rescind the fine (ruling #16-143) issued to trainer Jamie Ness
dated September 16, 2016, this ruling having been issued in error.

December 31, 2016 - Laurel Park
#16-242 The below listed licensees have been fined for failure to have the 2016 license badges
they had been issued by the Maryland Racing Commission. [COMAR 09.10.04.11, C.]

  • BARAJAS, Judith $5.00
  • ROA, Larry $5.00
  • GARCIA, Eduardo $5.00
  • FAUST, Tony $5.00
  • GARCIA-CRUZ, Jesus $10.00
  • CRUZ-AGUIRE, Ma $10.00
  • RICO-PEREZ, Leonel $10.00
  • PEREZ-AMARO, Abraham $10.00

(Note: The fines have been paid)