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September 2016 Thoroughbred Rulings - Maryland Racing Commission

September 9, 2016 - Laurel Park
#16-140 - In the matter of the Dk B/Br. C. 2 “Twist of Lime” owned by Kenneth Taylor et al and trained by John E. Salzman, Sr.
, in the fifth race at Timonium on August 27, 2016.

On September 3, 2016 the Stewards were notified by a Racing Commission Veterinarian that the horse “Twist of Lime” that ran on August 27, 2016 was ineligible to participate. An investigation was conducted. Trainer John Salzman Sr. and Veterinarian Dr. Adam Lockard were duly notified to appear before the Stewards for a hearing in this matter wherein they waived their right to legal counsel. The hearing was conducted on September 8, 2016 with John Salzman, Jr. appearing for his father and Dr. Lockard present.

Based upon the evidence of the investigation and testimony presented at the hearing, the Stewards found the following:

  1. The horse “Twist of Lime”, trained by John Salzman, Sr., was entered by him to run in the fifth race at Timonium on August 27, 2016.
  2. “Twist of Lime” ran within 10 days of a Shock Wave Treatment.

Based upon the above, and in accordance with COMAR 09.10.03.03(C), the Stewards hereby find that “Twist of Lime” was ineligible to race at the time it ran in the fifth race on August 27, 2016.

Accordingly, “Twist of Lime” is hereby disqualified from the fifth race at Timonium on August 27, 2016, and the Horsemen’s Bookkeeper is ordered to redistribute purse monies for the race in accordance with the following:

Official Order of Finish:
2nd Hosway
3rd Royal Crusader
4th My Bro Paul
5th Master of Speed
6th Jet Home
7th Just Trey
8th Etchy Sketchy

Twist of Lime- unplaced

September 9, 2016 - Laurel Park
#16-141 - Veterinarian, Adam Lockard
is hereby fined One Thousand dollars ($1,000.), for failure to submit Shock Wave treatment sheets to the Stewards in a timely manner, causing the disqualification of the horse “Twist of Lime” from the fifth race at Timonium on August 27, 2016. As stated by COMAR: 09.10.03.03(C), “Twist of Lime” was ineligible to participate.
VIOLATION OF COMAR: 09.10.03.03(C)

September 16, 2016 - Laurel Park
#16-142 - In the matter of Commission employee Patricia Correri
. On September 10, 2016, Ms. Correri was requested to deliver a urine sample by the MRC Investigators. Ms. Correri failed to provide a specimen.
COMAR 09.10.03.05 A(1)(b)(i), C

A hearing was held on September 11, 2016. Ms. Correri appeared in the absence of counsel and waived her right thereto. Based upon the testimony and evidence presented at the hearing, the Stewards found Patricia Correri in violation of COMAR 09.10.03.05 Drug Prohibition-Humans.

Accordingly, the Stewards hereby order:

  1. That the license issued to Patricia Correri be suspended until such time as she has been professionally evaluated [COMAR 09.10.03.05, 'F(1)(2)(3)]
  2. That while she is under suspension, Ms. Correri be denied the privileges of all the grounds under the jurisdiction of the Maryland Racing Commission [COMAR 09.10.01.45, 'Y (1) (a)].

September 16, 2016 - Laurel Park
#16-143 - Trainer, Jamie Ness
is fined One Hundred ($100) for, failure to follow licensing procedures, by not obtaining an owners license for Rase Stable LLC, owner of “Issheit”, who was allowed to run, at Pimlico Race Course, on April 16, 2016.

Mr. Ness accepted  responsibility of this licensing procedure by signing the affidavit permitting this entry to race.
COMAR 09.10.01.57 YH, (1)

September 16, 2016 - Laurel Park
#16-144 - Owner, Andrew Smukler (Rase Stable LLC)
having failed to obtain an owners license is hereby precluded from participating in racing until said license has been obtained.
[COMAR 09.10.01.28,A.]
BY ORDER OF THE STEWARDS

September 16, 2016 - Laurel Park
#16-145 - Trainer, Raymond Handal is fined One Hundred ($100) for failure to follow licensing procedures, by not obtaining an owners license for Bonnie Klozow, owner of “Spa City Treasure”, who was allowed to run at Laurel Park, on November 21, 2015.

Mr. Handal accepted responsibility of this licensing procedure by signing the affidavit permitting this entry to race.
COMAR 09.10.01.57 YH, (1)

September 20, 2016 - Laurel Park
#16-146 Trainer, Annette M. Eubanks, Lothian, MD 20711
, is fined two hundred dollars ($200.00) for failure to have the foal certificate on file with the Horse Identifier for her entry “Señor Quickie”, entered to run in the second race at Laurel Park on September 18, 2016.
COMAR:09.10.01.20,A[1]

September 23, 2016 - Laurel Park
#16-147 Stable employee Francisco Robles, Jr.
is fined $25.00 for jumping the perimeter fence at Pimlico Race Course after being previously warned by Security.

September 23, 2016 - Laurel Park
#16-148 In the matter of stable employee, Ernesto Pinero-Delgado
, subject of Stewards Ruling #16-131, dated July 25, 2016.

On September 23, 2016, Ernesto Pinero-Delgado was represented by HCP Coordinator Jessica Hammond before the Stewards, for a hearing on his request to be reinstated to good standing. The HCP coordinator provided the results of drug tests and an evaluation from Adult Personal & Career Counseling indicating that Mr. Pinero is presently drug free and not a detriment to the best interests of racing. She recommended that he be reinstated to good standing and permitted to return to work subject to the following stipulation:

  1. That Mr. Pinero continue in counselling with Mrs. Hammond.
  2. That at the Stewards discretion he submit to drug testing by the HCP Coordinator, the Stewards, or their designated representative. [COMAR 09.10.03.05.]

In light of the above, the Stewards hereby order that Ernesto Pinero-Delgado be reinstated to good standing subject to the above-stated stipulations.

September 23, 2016 - Laurel Park
#16-149 Veterinarian, Robert Campbell, Elkton, MD 21921
, is hereby fined One Thousand dollars ($1,000), for treating the wrong horse with Lasix for the tenth race on September 18, 2016, necessitating the late scratch of “Einstein’s Shadow”.
VIOLATION OF COMAR: 09.10.01.45 H

September 24, 2016 - Laurel Park
#16-150 In the third race, at Laurel Park on September 25, 2016, horse #1 “Beaches N Bourbon”, ridden by jockey, Feargal Lynch
was disqualified from first position and placed fourth. At about the 1/8th pole #1 “Beaches N Bourbon” on the outside, came in under right handed whip, into the path of #6 “Mucho Blessing” ridden by jockey Horacio Karamanos, forcing that rider to check sharply to avoid clipping heels.

[Violation under COMAR 09.10.01.50, A (1) b, d & e , which states in pertinent parts: “A horse may not: (b) Cross or weave in front of another horse without sufficient clearance (d) Intimidate another horse, or (e) Impede another horse.]

OFFICIAL ORDER OF FINISH:

1st Dancing Magician
2nd Extol
3rd Mucho Blessings
4th Beaches N Bourbon

September 25, 2016 - Laurel Park
#16-151 Jockey, Feargal Lynch, Laurel, MD 20724
, is suspended three (3) Maryland racing days, September 30, October 1 and 2, 2016 for riding the horse “Beaches N Bourbon” in a careless manner in the third race at Laurel Park on September 23, 2016, thereby causing the disqualification of “Beaches N Bourbon” from first to fourth position.
[COMAR 09.10.01.50, §A(1)b, d and e]

At about the 1/8th pole, #1 “Beaches N Bourbon” came over into the path of #6 “Mucho
Blessings” forcing that rider to check sharply to avoid clipping heels.

[Violation under COMAR 09.10.01.50, A(1), which states, in pertinent parts: "A horse may not: (b) Cross or weave in front of another horse without sufficient clearance, (d) Intimidate another horse, or (e) Impede another horse.]

September 29, 2016 - Laurel Park
#16-152 On July 12, 2016, the Stewards received notice from the Truesdail Laboratories, Inc. that urine sample #18959, dated June 25, 2016, contained the drug desvenlafaxine. The Stewards established that urine sample #18959 was taken from the horse “Early Grey”, owned by Morgan’s Ford Farm and trained by James M. Day, following the running of the ninth race at Pimlico Race Course on June 25, 2016. The Stewards notified Mr. Day that: (1) the presence of desvenlafaxine in the system of “Early Grey” at the time the horse ran constituted a violation under COMAR 09.10.03.04 Drug Prohibition Horses; (2) He had the right to have the split sample tested by an independent laboratory prior to the Stewards conducting a hearing in this matter; and (3) He had the right to be represented by counsel at the hearing.

Mr. Day exercised his right to the split sample testing. (COMAR 09.10.03.09 H 1, 2, & 3)

Upon receiving conformation from Texas A&M Veterinary Medical Diagnostic Laboratory that desvenlafaxine was present in sample #18959 dated June 25, 2016, at a quantity level of .35+-0.13 ng/ml, the Stewards held a hearing regarding this result on September 22, 2016. Mr. Day was present with legal counsel, Frank Petramalo, Jr.

Based upon the evidence before them, the Stewards find the following:

  1. “Early Grey” did carry desvenlafaxine, in its system when it finished first in the ninth race at Pimlico Race Course on June 25, 2016, a violation under COMAR 09.10.03.04,( Section C);
  2. James M. Day, as trainer, was the absolute insurer of, and responsible for, the condition of “Early Grey” at the time the horse ran (Sections D & F);
  3. A horse found to have carried a drug in its body during a race may be disqualified and the purse monies earned by that horse redistributed (Section G), and
  4. An individual found to have violated these Regulations may be subject to a fine issued by the stewards of up to $2,500 and a suspension of any license issued by the Maryland Racing Commission of up to 360 days. COMAR 09.10.03.02, Section A.

Based upon the evidence presented at the hearing, the Stewards hereby order that:

  1. The horse “Early Grey”, be disqualified from the ninth race on June 25, 2016 at Pimlico Race Course.
  2. The Horsemen’s Bookkeeper redistribute all purse monies for that race in accordance with the following order:

OFFICIAL ORDER OF FINISH

1st Church Monkey
2nd Rebellious Warrior
3rd Nice Try
4th Boss Magician
5th Mr. Bossy
6th As Happy As Larry
7th Give Freely
8th R.A. Superstar

Early Grey - Unplaced

(2) The Stewards refer Mr. Day to the Maryland Racing Commission for whatever action they deem appropriate.