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June 2018 Thoroughbred Rulings - Maryland Racing Commission

June 3, 2018 - Laurel Park
#18-070 On May 11, 2018, the Stewards received notice from the Truesdail Laboratories, Inc. that urine sample #17247, dated April 27, 2018, contained the drug 2-(1-hydroxyethyl)promazine sulfoxide at a level of 57.4+- 0.9 nanograms/ml which is above the threshold of 10 nanograms set forth for this drug.The Stewards established that urine sample #17247 was taken from the horse “Pomeroy’s Package”, owned by Super C Racing Inc. and trained by Anthony Farrior, following the running of the seventh race at Laurel Park on April 27, 2018. The Stewards notified Mr. Farrior that: (1) the presence of 2-(1-hydroxyethyl)promazine sulfoxide in the system of “Pomeroy’s Package” 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. Farrior did not exercise his right to the split sample testing. (COMAR 09.10.03.09 H 1, 2, & 3)

The Stewards held a hearing on June 2, 2018. Mr. Farrior waived his right to legal counsel.

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

  1. Pomeroy’s Package” did carry 2-(1-hydroxyethyl)promazine sulfoxide in its system when it finished second in the seventh race at Laurel Park on April 27, 2018, a violation under COMAR 09.10.03.04, Section C;
  2. Anthony Farrior, as trainer, was the absolute insurer of, and responsible for, the condition of “Pomeroy’s Package” at the time the horse ran (Sections D, E & 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 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. Trainer Anthony Farrior, be fined in the amount of Five Hundred dollars ($500.).
  2. Trainer Farrior be suspended fifteen (15) days. Starting June 11, 2018 and running through June 26, 2018.
  3. The horse “Pomeroy’s Package”, be disqualified from the seventh race on April 27, 2018 at Laurel Park.
  4. The Horsemen’s Bookkeeper redistribute all purse monies for that race in accordance with the following order:

OFFICIAL ORDER OF FINISH

1st Service for Ten
2nd The Iron Bank
3rd Pistol Posse
4th Twisted Earl
5th Da Winner Is
6th Peaceadaaction
7th Nice Try
8th The Great Ronaldo

Pomeroy’s Package - unplaced

A Separate hearing was held wherein Trainer Anthony Farrior will be assigned two (2) Multiple Medication
Violation Points.

June 6, 2018 - Laurel Park
#18-071 Trainer Kieron Magee is fined Five hundred dollars ($500) for using profane and indecent language to the Outrider at Pimlico Race Course.
[COMAR 09.10.01.45,H.]

June 6, 2018 - Laurel Park
#18-072 Stable Employee Kelly A. Magee is fined two hundred and fifty dollars ($250) for a verbal altercation with the Outrider at Pimlico Race Course.
[COMAR 09.10.01.45,H.]

June 6, 2018 - Laurel Park
#18-073 Track Outrider Kelly Hetelekides is fined two hundred and fifty dollars ($250) for a verbal altercation with a Stable Employee at Pimlico Race Course.
[COMAR 09.10.01.45,H.]

June 7, 2018 - Laurel Park
#18-074 On June 6, 2018, the Stewards received notice from Truesdail Laboratories, Inc. that blood sample #17409, dated May 11, 2018, contained the drugs flunixin at 4.9+-0.7 ng/ml and phenylbutazone at 0.8mg/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. See COMAR 09.10.03.01 The Stewards, having established that blood sample #17409 was taken from the horse “Unbridled Escape”, owned by Karen Clark and trained by Kelly Deiter, following the running of the first race at Pimlico Race Course on May 11, 2018. The Stewards notified Ms. Deiter that: (1) the presence of flunixin and phenylbutazone in the system of “Unbridled Escape” at the time the horse ran constituted a violation under COMAR 09.10.03.04 Drug Prohibition - Horses; (2) she 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) she had the right to be represented by counsel at the hearing.

The Stewards held a hearing via phone on June 6, 2018, wherein Ms. Deiter waived her right to legal counsel and a split sample.

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

  1. Unbridled Escape” did carry flunixin and phenylbutazone, in its system when it finished first in the first race at Laurel Park on May 11, 2018, a violation under COMAR 09.10.03.04,C;
  2. Kelly Deiter, as trainer, was the absolute insurer of, and responsible for, the condition of “Unbridled Escape” at the time the horse ran (Sections D & F);

Based upon the foregoing, the Stewards hereby order that:

Trainer Kelly Deiter, be fined in the amount of Five Hundred dollars ($500.).

A separate hearing was held to address the Multiple Medication Violation Point system.

Trainer Kelly Deiter will be assigned one-half (1/2) Multiple Medication Violation Point.
[COMAR 09.10.03.02 C]

June 7, 2018 - Laurel Park
#18-075 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.]

  • MOODY,Donald $10.00
  • RAMIREZ, Jose $5.00
  • GRODY, SR., Michael $5.00
  • MANCILLA, Carlos $5.00
  • MERRYMAN, Elizabeth $5.00
  • RODRIGUEZ, Samantha $5.00
  • WITTE, Kevin $5.00
  • GOBERDHAN, Chandradat $5.00
  • REED, Charles $5.00
  • SERVIS, John $5.00
  • TUGEL, Sean $5.00
  • DEVEREUX, Joseph $5.00
  • GUMBS, Eugene $5.00
  • THAMES, James $5.00
  • MICCIO, Christopher $5.00
  • O’HARA, Terrence $5.00
  • PARKER, Daniel $5.00

(Note: The fines have been paid)

June 8, 2018 - Laurel Park
#18-076 In the sixth race, at Laurel Park on June 3, 2018, horse #13 “Zen Papa”, ridden by apprentice jockey, Luis Rodriguez was disqualified from second position and placed fourth. Soon after leaving the gate, #13 “Zen Papa” came over in front of #12 “Midnight Punk” and continued coming in and solidly bumped #7 “Malibu Sunset”.
[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 Iredell
2nd Midnight Punk
3rd Malibu Sunset
4th Zen Papa

June 8, 2018 - Laurel Park
#18-077 Apprentice Jockey, Luis Rodriguez, is suspended three (3) Maryland racing days, June 15, 16 & 17, 2018, for riding the horse “Zen Papa” in a careless manner in the sixth race at Laurel Park on June 3, 2018, thereby causing the disqualification of “Zen Papa” from second to fourth position.
[COMAR 09.10.01.50 C]

June 7, 2018 - Laurel Park
#18-078 Stable Employee Alejandro Garcia-Sotelo, is fined $25.00 for smoking under a shed row at Laurel Park on June 1, 2018.
[Violation under COMAR 09.10.04.18 Smoking.]

June 8, 2017 - Laurel Park
#18-079 Jockey, Ricardo Chiappe, is fined two hundred and fifty dollars ($250.) for excessive use of the riding crop in the first race at Laurel Park on June 2, 2018.
[Violation of COMAR 09.10.01.21 R (2) (b)]

June 10, 2018- Laurel Park
#18-080 Trainer, Jennifer Shannon is fined two hundred and fifty dollars ($250.00) for failure to bring her entry “Union Blues”, to the paddock for the seventh race at Laurel Park on June 9, 2018, causing a late scratch and a refund of bets that had been placed on the horse.
[Violation under COMAR 09.10.01.57 G]

June 17, 2018 - Laurel Park
#18-081 On June 16, 2018, the Stewards received notice from Truesdail Laboratories, Inc. that blood sample #18310, dated June 3, 2018, contained the drug phenylbutazone at 4.2mg/ml which is in excess of the accepted threshold level of 2.0 mg/ml established by the MRC. See COMAR 09.10.03.01. The Stewards, having established that blood sample #18310 was taken from the horse “Zen Papa”, owned by D and D Stable and trained by Jennivieve Burton, following the running of the sixth race at Laurel Park on June 3, 2018. The Stewards notified Ms. Burton that: (1) the presence of an overage of phenylbutazone in the system of “Zen Papa” at the time the horse ran constituted a violation under COMAR 09.10.03.04 Drug Prohibition - Horses; (2) she 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) she had the right to be represented by counsel at the hearing.

The Stewards held a hearing via phone on June 16, 2018, wherein Ms. Burton waived her right to legal counsel and a split sample.

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

  1. Zen Papa” did carry an overage of phenylbutazone, in its system when it was placed fourth in the sixth race at Laurel Park on June 3, 2018, a violation under COMAR 09.10.03.04,C;
  2. Jennivieve Burton, as trainer, was the absolute insurer of, and responsible for, the condition of “Zen Papa” at the time the horse ran (Sections D & F);

Based upon the foregoing, the Stewards hereby order that:

Trainer Jennivieve Burton, be fined in the amount of Five Hundred dollars ($500.).

A separate hearing was held to address the Multiple Medication Violation Point system.

Trainer Jennivieve Burton will be assigned one-half (1/2) Multiple Medication Violation Point.
[COMAR 09.10.03.02 C]

June 17, 2018 - Laurel Park
#18-082 In the fifth race, at Laurel Park on June 16, 2018, horse #7 “Gorse”, ridden by jockey, Sheldon Russell was disqualified from first position and placed fifth. Going into the far turn, #7 “Gorse” came over into the path of #2 “Legend’s Hope” and bounced that horse off the rail, forcing the rider to check sharply.
[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 Don’t Poke the Cat
2nd Birdies Honor
3rd Cheese On
4th Legend’s Hope
5th Gorse

June 21, 2018 - Laurel Park
#18-083 Jockey, Sheldon Russell, is suspended three (3) Maryland racing days, June 23, 24 & 29, 2018, for riding the horse “Gorse” in a careless manner in the fifth race at Laurel Park on June 16, 2018, thereby causing the disqualification of “Gorse” from first to fifth position.

However, jockey Russell has designated the “VA-Bred” stakes, to be run at Laurel Park on June 23, 2018. The Stewards have granted his request to ride in the Stakes that day to which he is named on; in as much as jockey Russell will serve an additional day of suspension on June 30, 2018.
[COMAR 09.10.01.45 AA(2)(c)(d)]
[COMAR 09.10.01.50 C]

June 23, 2018 - Laurel Park
#18-084 Trainer, Jeremiah Englehart is fined one hundred dollars ($100.00) for failure to have the foal certificate on file with the Horse Identifier for his entry “Dirty ”, entered to run in the ninth race at Laurel Park on June 22, 2018.
COMAR:09.10.01.20,A[1][2]

June 24, 2018 - Laurel Park
#18-085 In the matter of Owner Sebastiano Passero the Stewards Rulings #18-039 and #18-041.

On May 22, 2018, the appeal of owner Sebastiano Passero was heard before the Maryland Racing Commission. The findings of the case are as follows;

As the actions of “Birdies Honor” were “caused wholly or partly” by “Takedown”, “Birdies Honor” did not violate COMAR 09.01.50(A)(1)(b) and (e).

The Commission hereby orders that:

  1. Birdies Honor” not be disqualified from his second place finish in the seventh race at Laurel Park on March 9, 2018.
  2. The purse monies be distributed accordingly.

OFFICIAL ORDER OF FINISH

1st Three Over Deuces
2nd Birdies Honor
3rd Takedown
4th Huyana

June 24, 2018 - Laurel Park
#18-086 In the third race, at Laurel Park on June 22, 2018, horse #9 “We Made It”, ridden by jockey, Rosario Montanez disqualified from first position and placed second. Inside the 1/16 th pole , #9 “We Made It” came over and herded #6 “Native Flora” in towards the rail and compromised he best chance to win.
[Violation under COMAR 09.10.01.50, A (1) a, d & e, which states in pertinent parts: “A horse may not: (a) Carry another horse in or out; (d) Intimidate another horse, or (e) Impede another horse.]

OFFICIAL ORDER OF FINISH:

1st Native Flora
2nd We Made It

June 24, 2018 - Laurel Park
#18-087 Jockey, Rosario Montanez, is suspended three (3) Maryland racing days, June 29, 30 & July 1, 2018, for riding the horse “We Made It” in a careless manner in the third race at Laurel Park on June 22, 2018, thereby causing the disqualification of “We Made It” from first to second position.
[COMAR 09.10.01.50 C]

June 29, 2018 - Laurel Park
#18-088 Trainer Anthony Pecoraro is fined Five Hundred ($500.) for submitting an unwarranted scratch on his horse “Can’t Pass It Up”, entered to run in the first race at Laurel Park on June 24, 2018.

June 29, 2018 - Laurel Park
#18-089 Trainer, Lynn Ashby is fined one hundred dollars ($100.00) for failure to have the foal certificate on file with the Horse Identifier for her entry “Bustoff ”, entered to run in the sixth race at Laurel Park on June 23, 2018.
COMAR:09.10.01.20,A[1][2]

June 30, 2018 - Laurel Park
#18-090 Trainer, Alcina Rawles is fined one hundred dollars ($100.00) for failure to have the foal certificate on file with the Horse Identifier for her entry “Goodluckjohnathan”, entered to run in the first race at Laurel Park on June 29, 2018.
COMAR:09.10.01.20,A[1][2]

June 30, 2018 - Laurel Park
#18-091 In the matter of stable employee Giovanni Melendez: On June 29, 2018 Mr. Melendez was
requested to deliver a urine sample by the MRC Investigators. The specimen he rendered tested
positive for marijuana.
COMAR 09.10.03.05 A(1)(a)(i).

A hearing was held on June 29, 2018. Mr. Melendez appeared in the absence of counsel and waived his right thereto. Based upon the testimony and evidence presented at the hearing, the Stewards found Giovanni Melendez in violation of COMAR 09.10.03.05 Drug Prohibition-Humans.

Accordingly, the Stewards hereby order:

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

June 30, 2018 - Laurel Park
#18-092 On June 15, 2018 a complaint was lodged by MRC Veterinarian Libby Daniel regarding welts left on a horse by Assistant Starter, Lawrence Martin. The Stewards directed the MRC State Investigators to open an investigation into his matter.

A Steward’s hearing was held on June 24, 2018. In attendance were the MRC Stewards, the MRC
Investigators, Assistant Starter Lawrence Martin and Starter Bruce Wagner. Also witnesses testifying,
trainer, Anthony Fulco and exercise rider, Scott Wolfendale.

After hearing all the testimony and reviewing all the evidence, the Stewards have determined that due to
the severity of the incident, they hereby refer this case to the Maryland Racing Commission for
whatever action they deem appropriate.