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September 2017 Thoroughbred Rulings - Maryland Racing Commission

September 8, 2017 - Laurel Park
#17-150 In the matter of the fourth race at Laurel Park on June 23, 2017, regarding the Stewards Ruling #17-147, involving the horse "Puturseatbelton”.

On August 26, 2017 trainer Anthony Aguirre filed an appeal with the Maryland Racing Commission, on behalf of Anthony Aguirre, the owner of “Puturseatbelton”. The appeal disputes the Stewards' decision to disqualify "Puturseatbelton”, winner of the fourth race at Laurel Park on June 23, 2017.

As a result of that appeal, the fourth race on June 23, 2017, 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 “Puturseatbelton” and “Came Back” 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.

September 9, 2017 - Laurel Park
#17-151 In the matter of the fourth race at Laurel Park on July 22, 2017, regarding the Stewards Ruling #17-148, involving the horse "Six Tonsafun”.

On September 8, 2017 trainer Dale Capuano filed an appeal with the Maryland Racing Commission, on behalf of Rob Ry Farm and Jayne Marie Slysz, the owners of “Six Tonsafun”. The appeal disputes the Stewards' decision to disqualify "Six Tonsafun”, winner of the fourth race at Laurel Park on July 22, 2017.

As a result of that appeal, the fourth race on July 22, 2017, 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 “Six Tonsafun” and “Abracadabra” 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.

September 15, 2017 - Laurel Park
#17-152 On September 14, 2017, the Stewards received notice from Truesdail Laboratories, Inc. that blood sample #14494, dated August 27, 2017, contained the drug phenylbutazone
at 4.0 mg/ml which is in excess of the accepted threshold level of 2 mcg/ml of plasma or serum established by the MRC. The Stewards, having established that blood sample #14494 was taken from the horse “Venezuelan Beauty”, owned by Adam King and trained by Jacob G. Hess, following the running of the eighth race at Timonium Race Track. The Stewards notified Mr. Hess on August 14, 2017 that: (1) the presence of phenylbutazone, at this level, in the system of “Venezuelan Beauty” 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.

A hearing was held via telephone on September 14, 2017 wherein Mr. Hess waived his right to send a split sample and to legal counsel.

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

  1. Venezuelan Beauty” did carry an overage of phenylbutazone, in its system when it finished second in the eighth race at Timonium Race Track on August 27, 2017, a violation under COMAR 09.10.03.04, Section C;
  2. Jacob G. Hess, as trainer, was the absolute insurer of, and responsible for, the condition of “Venezuelan Beauty” at the time the horse ran (Sections D & F); and
  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).

Based upon the foregoing, the Stewards hereby order that:

Trainer Jacob G. Hess, be fined in the amount of Five Hundred ($500.).

A hearing was held via telephone on September 14, 2017 concerning the Multiple Medication Violation Points.

Trainer Jacob G. Hess is assigned one half point (1/2).

Note: As per COMAR 09.10.04.05, failure to pay a fine within 48 hours from being notified may result in a suspension of license.

September 15, 2017 - Laurel Park
#17-153 The below listed licensees have been fined
for failure to have the 2017-18 license badges they had been issued by the Maryland Racing Commission. [COMAR 09.10.04.11, 'C.]

  • OJERHOLM, Jonathan $5.00
  • THOMMEN, Philip $5.00
  • BOCACHICA, Arnaldo $5.00
  • GRIGSBY, Anthony $5.00
  • BRAVO-CARRILLO, Jiliberto $5.00
  • STALBAUM, Gail $5.00
  • ZWIESLER, Katherine $5.00

(Note: The fines have been paid)

September 15, 2017 - Laurel Park
#17-154 Trainer, David Jacobson, is fined two hundred dollars ($200.00)
for failure to have the foal certificate on file with the Horse Identifier for his entry “Burn Control”, entered to run in the tenth race at Laurel Park on September 15, 2017.
COMAR:09.10.01.20,A[1]

September 16, 2017 - Laurel Park
#17-155 Trainer Elizabeth Voss is fined Five Hundred ($500.)
for failure to scratch, “Party Nights”, entered to run in the ninth race at Laurel Park on September 15, 2017 in a timely manner. This unwarranted late scratch prevented another entry from drawing into the race.

September 21, 2017 - Laurel Park
#17-156 In the eighth race at Laurel Park on September 15, 2017, horse #10 “Start With Yes”, ridden by jockey, Horacio Karamanos was disqualified
from second position and placed fourth, behind horse #6 “Arrivederci”, ridden by jockey Katie Davis. At About the 3/16 pole, #10 “Start With Yes” on the outside, bumps with #6, initiating a chain reaction, causing that horse to angle in and make contact with # 3 “Cordmaker”, ridden by jockey, Steve Hamilton.
[Violation under COMAR 09.10.01.50, A (1) d & e , which states in pertinent parts: “A horse may not: (d) Intimidate another horse, or (e) Impede another horse.]

OFFICIAL ORDER OF FINISH:

1st Cordmaker
2nd Broad Surprise
3rd Arrivederci
4th Start With Yes

September 21, 2017 - Laurel Park
#17-157 In the matter of the eighth race at Laurel Park on September 15, 2017;

On September 16, 2017 trainer Hugh McMahon filed an appeal with the Maryland Racing Commission on behalf Winner Circle Partners XII, the owner of “Arrivederci". The appeal disputes the Stewards' decision to disqualify the horse "Start With Yes” and to not also disqualify the horse “Cordmaker”.

The purse monies affected by the dispute are to be held by the Horsemen's Bookkeeper.

September 23, 2017 - Laurel Park
#17-158 The below listed licensees have been fined
for failure to have the 2017-18 license badges they had been issued by the Maryland Racing Commission. [COMAR 09.10.04.11, 'C.]

  • MOODI, Donald $5.00
  • NAGLE, Reid $5.00
  • PONCE, Estefani $5.00
  • MOLINAR, Luis $5.00

(Note: The fines have been paid)

September 30, 2017 - Laurel Park
#17-159 In the eleventh race at Laurel Park on September 24, 2017, horse #7 “Goldmakesmesmile”, ridden by apprentice jockey, Jenn Miller was disqualified
from first position and placed fourth, behind horse #8 “Hot Friesia”, ridden by jockey Feargal Lynch. Inside the 1/16th marker, #7 "Goldmakesmesmile” drifts out into the path of #8 “Hot Friesia” causing the rider to take up to avoid clipping heels.
[Violation under COMAR 09.10.01.50, A (1) d & e , which states in pertinent parts: “A horse may not: (d) Intimidate another horse, or (e) Impede another horse.]

OFFICIAL ORDER OF FINISH:

1st Love’s Legend
2nd Victory Rally
3rd Hot Friesia
4th Goldmakesmesmile

September 30, 2017 - Laurel Park
#17-160 Jockey Katie Davis is fined fifty dollars ($50.) for failure to be present for film review after being notified to appear.
[Violation of COMAR 09.10.01.45-H]

September 30, 2017- Laurel Park
#17-161 On September 25, 2017, the Stewards received notice from Truesdail Laboratories, Inc. that blood sample #14065, dated September 4, 2017, contained the drugs flunixin
at 5.9+-0.2 ng/ml and phenylbutazone at 1.3mg/ml which, in combination, is in excess of the accepted threshold level of 3.0 flunixin and 0.3 phenylbutazone established by the MRC for this combination. The Stewards, having established that blood sample #14065 was taken from the horse “Greely’s Bustnout”, owned by C & B Stable and trained by Charles L. Frock, following the running of the sixth race at Timonium Race Track on September 4, 2017. The Stewards notified Mr. Frock that: (1) the presence of flunixin and phenylbutazone in the system of “Greeley’s Bustnout” 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.

The Stewards held a hearing on September 29, 2017, wherein Mr. Frock waived his right to legal counsel and a split sample.

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

  1. Greeley’s Bustnout” did carry flunixin and phenylbutazone, in its system when it finished first in the sixth race at Timonium Race Track on September 4, 2017, a violation under COMAR 09.10.03.01 B(b)(i)(ii);
  2. Charles L. Frock, as trainer, was the absolute insurer of, and responsible for, the condition of “Greeley’s Bustnout” at the time the horse ran (Sections D & F);

Based upon the foregoing, the Stewards hereby order that:

Trainer Charlie L. Frock be fined in the amount of Five Hundred dollars ($500.).

Another hearing was held on September 29, 2017 concerning the Multiple Medication Violation System.

Trainer Charles L. Frock will be assigned one half (1/2) Multiple Medication Violation Point. [COMAR 09.10.03.02 C]