Minutes of Public Meeting - December 3, 2024

In accordance with §3-302, General Provisions Article, Annotated Code of Maryland, the Maryland Racing Commission (“Commission”) met in person and by conference call in open session at 12:30 p.m. at Laurel Park on December 3, 2024. At the start of the meeting, Chairman George Mahoney took a roll call of the Commission members and confirmed that all were present except Shawn Wright.

Minutes - October 28, 2024

The Commission waived a reading of the minutes of its meeting on October 28, 2024, and voted to approve them unanimously. Commissioner Wayson abstained since he was not present at the October 28, 2024 meeting. Chairman Mahoney commented that he supported the recommendation made by Mr. Hopkins that the need for two veterinarians on-site during training hours would be beneficial for the safety and welfare of the horses.

Executive Session Minutes – October 28, 2024.

The Commission waived a reading of the Executive Session minutes of its meeting on October 28, 2024, and voted to approve them unanimously. Commissioner Wayson abstained since he was not present at the October 28, 2024 meeting.

Maryland Thoroughbred Racetrack Operating Authority.

Executive Director J. Michael Hopkins informed the Commission that Commissioner Robert Lillis had asked for an update from the Maryland Thoroughbred Racetrack Operating Authority (“MTROA”). Marc Broady, representing the MTROA, thanked the Commission for allowing him to update the Commission. Mr. Broady commented that the MTROA has selected the training site and the Pimlico redevelopment plan is underway. He further advised that Clark Construction will be the construction manager. Commissioner Lillis requested the status of the training site. Swata Ghandi, representing the MTROA, commented that the site was approved during a closed session of the MTROA and before making the decision public there were a few matters to be addressed, but believed that the announcement would be made in the following two weeks.

Transfer of Mile Track License to new Nonprofit.

Executive Director J. Michael Hopkins informed the Commission that he has been in discussions with the MTROA about the transfer of the track license to the new nonprofit that would be in place on January 1, 2025. Mr. Hopkins continued commenting that the Commission had received five-year projections, Articles of Incorporation for the nonprofit and racing dates, which had been previously approved by the Commission. Mr. Hopkins noted that in the projections, the first year of operations indicated a loss of over $6,000,000 dollars and that up to this point he had not received anything from the MTROA that would guarantee those losses. In addition, the MTROA noted that legislation passed in 2024 provided for the transfer of $10,000,000 dollars by way of a budget amendment, which was in the final stages of approval and was expected to be completed in the next two weeks. Mr. Hopkins also noted that the $10,000,000 dollars would be provided to the nonprofit in the form of a loan to cover the first year’s losses. Consequently, Mr. Hopkins further stated that it would not be appropriate for the Commission to consider a transfer of a license until the financial information was received. Assistant Attorney General Eric London reaffirmed Mr. Hopkins’s description of the process. Mr. London added that when the documentation is received, the Commission would schedule another meeting to consider the transfer prior to January 1, 2025. Marc Broady thanked the Commission for their time and stated that the information would be provided. Swata Ghandi reassured the Commission that they were following-up on all the approvals. Chairman Mahoney thanked Mr. Broady and Ms. Ghandi for their update.

Maryland Jockey Club Laurel Park Track Surface.

Executive Director J. Michael Hopkins explained that over the last few weeks there had been injuries sustained by horses at the Laurel Park track and that there was enough concern to cancel races. Commissioner Wayson asked the issue to be placed on the agenda. Commissioner Wayson asked Mike Rogers, representing the Maryland Jockey Club, to address the issue for an update. Mike Rogers thanked Commissioner Wayson for the opportunity to respond and read into the record the following statement regarding the cancellation of racing on November 22, 2024:

Incident Report: November 22, 2024

On Friday, November 22, 2024, a three-year-old filly named OVERWISH, trained by Mrs. Britney Russell and ridden by Jevian Toledo, suffered a catastrophic injury. After completing a 4-furlong workout in 48.4 seconds, she was galloping out near the 1-mile pole when she stumbled and fell. OVERWISH quickly got to her feet but was non-weight-bearing on her right front leg. Upon inspection, she was found to have an open fracture of the cannon bone. She was sedated and humanely euthanized on the track.

Blood and hair samples were collected and sent to HIWU for analysis. The necropsy was completed, and we received the report yesterday. A safety and welfare meeting is scheduled for Thursday December 5th, 2024 to review the findings.

Notifications and Initial Assessments

I was first notified of the incident by Georganne Hale. Following this, I contacted Mr. Danny Finke, who has over 40 years of experience managing racetrack surfaces at the Maryland Jockey Club. Mr. Finke, was serving as the senior manager on site that morning in the absence of Mr. Ken Brown. Mr. Finke confirmed that he had no concerns regarding the condition of the racetrack.

Communications with Trainers

• Mrs. Britney Russell: In a call with Mrs. Russell and Ms. Hale, Mrs. Russell expressed uncertainty about what the contributing cause of OVERWISH’s injury. She further indicated that she would not scratch her other three horses entered to race later that day.
• Mr. Tim Keefe: Mr. Keefe informed me that he would scratch his two-year-old from the afternoon race, not due to safety concerns but to avoid running the horse on a sloppy track for her debut. I assured him of Mr. Finke’s assessment that the track was safe and confirmed my plans to proceed with racing. Mr. Keefe agreed with this decision.
• Mr. Jose Corales: During my conversation with Mr. Corales he informed me that he personally galloped 7 of he own horses that morning and felt the track was in excellent condition.

Commissioner Input

I spoke with Commissioner Wayson, who witnessed the incident. Commissioner Wayson primary concern was ensuring the incident was thoroughly investigated and proper protocols were being followed. He confirmed that he had not spoken to anyone about canceling racing, and that decision was left to Maryland Jockey Club management.

Concerns from Jockeys

Later that morning David Richardson informed me that jockeys Mr. Sheldon Russell who is the husband of Mrs. Britney Russell and was working another horse alongside OVERWHIS that morning and Jevian Toledo had concerns about the track and organizing a meeting with other jockeys at 11:15 AM to inspect it. I immediately contacted Mr. Finke, instructing him to attend that meeting.

During the meeting, the jockeys and Mr. Finke reached a consensus to proceed with racing after floating the track. Mr. Finke began the process of floating the track, believing racing would continue as planned. However, after observing back-raking activities on track TV monitors, Mr. Russell convened another meeting with the jockeys and concluded that racing should be canceled.

Miscommunication and Decision to Cancel Racing

Mr. Russell misinterpreted the back-raking process as a deviation from the agreed plan to float the track. Had he contacted me or Mr. Finke, we could have clarified that the track crew was preparing to float the surface, and no changes had been made.

Following the jockeys' decision not to ride, I contacted Victor Carrasco, who expressed willingness to ride but noted he did not have a mount in the first race. Ultimately, the riders with mounts in the first race led the final decision to cancel racing.

Next Steps and HISA Involvement

After the jockeys decided to cancel racing, I convened a meeting with the leadership of the horsemen’s group and MJC management. During this meeting, I outlined Mr. Finke’s professional assessment that the track was safe for racing, while acknowledging the concerns raised by some jockeys. To reconcile these conflicting opinions, I proposed that we have an independent evaluation of the track. I also informed the group that racing would not resume until the opposing viewpoints had been fully addressed.

The group unanimously supported this approach. I subsequently had Ms. Hale contacted HISA, which arranged for their expert, Mr. Jake Leitzel, to inspect the Laurel track. Mr. Leitzel, who has 36 years of experience in racetrack management, was scheduled to arrive on Monday, November 25, at 8:00 AM.

On November 25, 2024, at 8:30 AM, a meeting was held at the track with Mr. Leitzel, MJC’s Mr. Ken Brown (over 40 years of experience), Mr. Danny Finke (40 years of experience), and jockey Mr. Victor Carrasco, the ONLY rider present. Despite the opportunity to engage with over 120 combined years of racetrack management expertise, no other jockeys attended the meeting to share their concerns or observations.

During his inspection, Mr. Leitzel conducted numerous depth readings and engaged with several trainers for feedback. Following the evaluation, I held a discussion with both Mr. Leitzel and Mr. Brown. Both confirmed that they identified no issues with the racing surface, and there were no additional concerns raised by the participants present at the meeting.

To formalize his findings, I requested that Mr. Leitzel provide his assessment in writing via email. Based on his report, as well as the confirmation from Mr. Brown and Mr. Finke, I made the decision to resume normal training and racing operations.

In its evaluation Monday, "The HISA team reviewed the data collected against previously recorded data and that data showed there were no inconsistencies," according to the HISA representative.

We continued normal racing this past weekend and raced 4 days - Thursday through Sunday. I spoke with numerous riders during the weekend and received positive feedback on the condition of the track.

Track Maintenance Procedures

Over the past three weeks, our track crew has added approximately 600 tons of additional cushion material, which is standard practice for this time of year. We have collected samples of the cushion and sent one to a local lab in Maryland and another to the Racing Services Testing Lab. These samples will undergo sieve analysis, allowing us to compare the current cushion to previous cushions and those at other racetracks.

Additionally, tomorrow a team from racing services testing laboratory will be using the Biomechanical Hoof Tester here at the Laurel track.

The Biomechanical Hoof Tester is a tool designed to study how a horse’s hoof interacts with the cushion when it runs. It imitates the way a horse’s front leg hits the ground, transferring the horse’s weight to the hoof. This is the moment when the hoof experiences the greatest pressure and sliding force.

How It Works:

The machine uses a synthetic hoof that strikes the ground at an angle, just like a real hoof would.

The system measures:

The vertical force (pressure) on the hoof.

The sliding motion of the hoof as it touches the ground.

A 30 kg weight drops onto the hoof to simulate the energy and impact of a galloping horse. This equals about 540 Joules of energy, similar to the real-life impact.

The Data collected will be used to compare this cushion with previous cushions as well as cushions from other racetracks

Mike Rogers
Acting President MJC

Commissioner Konrad Wayson asked about Ken Brown’s status as Track Superintendent once the new operator takes over on January 1, 2025. Mike Rogers read the following statement into the record:

The Maryland Jockey Club (MJC) proudly announces the retirement of Ken Brown, whose tenure as Track Superintendent has been marked by extraordinary contributions to Maryland racing. Brown joined MJC during a period of significant challenges and played a pivotal role in stabilizing operations, ensuring the safety and integrity of the racing surfaces at Laurel Park and Pimlico Racecourse.

Ken Brown officially retired on December 1st, 2024. To ensure a smooth transition and continuity of excellence, Danny Finke has been appointed Interim Track Superintendent. With 40 years of experience on the MJC track crew, Finke is a highly respected figure in the racing community. His deep knowledge of track maintenance and commitment to the sport make him an ideal choice to step into this interim role.

“Ken Brown’s leadership has been instrumental in navigating MJC through a challenging period and raising the standard of our racing surfaces,” said Mike Rogers, Acting President MJC. “As we prepare for his well-earned retirement, we are confident in Danny Finke’s ability to lead during this transitional period. Danny’s experience and dedication ensure that Maryland’s racing operations remain strong and seamless.”

The Maryland Jockey Club extends its heartfelt gratitude to Ken Brown for his decades of service and unwavering dedication to the sport of horse racing. As Finke assumes the interim role, MJC remains committed to maintaining the highest standards of safety and quality in horse racing.

Trainer Gary Capuano commented that the track surface problems are ongoing and explained his concern with the track. Mr. Capuano further commented that moving forward the horsemen’s only concern was having a consistent and safe surface to train and race.

Maryland Jockey Club - Update.

Mike Rogers commented that he had no additional update.

Jackie MacLeod - Maryland Standardbred Breeders.

Executive Director J. Michael Hopkins advised that Jackie MacLeod had withdrawn his request to address the Commission.

Public Comments.

Gina Maybee, Acting Director of Cloverleaf Standardbred Owners’ Association, reported that the Potomac Pace at Rosecroft Raceway on November 17, 2024 was successful and also informed the Commission that Rosecroft announcer Pete Medhurst was diagnosed with cancer and there was a fundraiser taking place to help offset his medical expenses and encouraged everyone to support Mr. Medhurst. April Smith, representing Friends of Pimlico, read a prepared statement in regard to the lack of live racing at Pimlico.

Next Commission Meeting.

TBD.

/s/ George P. Mahoney, Jr.      

Chairman