May 2023 Thoroughbred Rulings - Maryland Racing Commission

DATE: May 5, 2023 TRACK: Laurel Park

STEWARDS: Adam Campola
Ross R Pearce
Russell G Derderian

RULINGS:

#23-049 Jockey, Carlos Lopez is in violation of the HISA riding crop rule #2280 (b)(1). During the running of the first race on April 29, 2023, jockey Lopez hit his mount “Mister Ripster” 9 times which is in violation of the 6 strike rule. On April 30, 2023 a hearing was held to review the race. The Stewards issued the following penalty.

(1)Mr. Lopez is fined Two hundred and fifty dollars ($250.00).
(2)Mr. Lopez is suspended one (1) racing day, May 7, 2023.
(3)Mr. Lopez is issued 3 points

HISA 2282 (a) (2) (b) (2)

BY ORDER OF THE STEWARDS

DATE: May 7, 2023 TRACK: Laurel Park

STEWARDS: Adam Campola
Ross R Pearce
Russell G Derderian

RULINGS:
#23-050 On February 2, 2022, the Stewards received notice from Industrial Laboratories that blood sample #E587742 dated January 15, 2022, contained the drug phenylbutazone at .59 mg/ml+- .04mg/ml which is in excess of the accepted threshold of .3 mg/ml phenylbutazone established by the MRC. See COMAR09.10.03.01. The Stewards, having established that blood sample #E587742 was taken from the horse “Guillaume”, owned by Walter B. Doggett III and trained by A. Ferris Allen III, following the running of the third race at Laurel Park on January 15, 2023. The Stewards notified Mr. Allen that: (1) the presence of phenylbutazone, at this level, in the system of “Guillaume” 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. Allen did exercise his right to the split sample testing. (COMAR 09.10.03.09 H 1, 2, & 3) Upon receiving confirmation from Analytical Forensic Testing Laboratory the phenylbutazone is present in sample #E587742 dated January 15, 2023, at a quantity level of .72 mg/ml +- .06mg/ml. The Stewards contacted Mr. Allen of the results of the split sample.

The Stewards held a hearing on May 5, 2023, wherein Mr. Allen waived his right to legal counsel.

Based upon the evidence before them, the Stewards find the following:
(1) “Guillaume” did carry an overage of phenylbutazone, in its system when it finished second in the third race at Laurel Park on January 15, 2023, a violation under COMAR 09.10.03.04,C ;
(2) A. Ferris Allen III, as trainer, was the absolute insurer of, and responsible for, the condition of “Guillaume” 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.

Based upon the foregoing and taking into account mitigating circumstances, the Stewards hereby order that:

Trainer A. Ferris Allen III be fined Five hundred ($500.00) dollars.

The horse, “Guillaume” be disqualified from the third race from January 15, 2023.

The Horsemen’s Bookkeeper redistribute all purse monies for that race in accordance with the following order:

OFFICIAL ORDER OF FINISH

1^st Treasure Trove
2^nd Big Lake
3^rd Nautilus
4^th Irish Boolum
5^th Shoot Themessenger

Guillaume- unplaced

A Separate hearing was held wherein Trainer A. Ferris Allen III will be assigned one half (1/2) Multiple Medication Violation Point.

BY ORDER OF THE STEWARDS

DATE: May 7, 2023 TRACK: Laurel Park

STEWARDS: Adam Campola
Ross R Pearce
Russell G Derderian

RULINGS:
#23-051 On November 16, 2022, the Stewards received notice from Industrial Laboratories that blood sample #E571459 dated October 27, 2022, contained the drug mepivacaine at LOD established by the MRC. See COMAR09.10.03.01. The Stewards, having established that blood sample #E571459 was taken from the horse “Sweet Asta”, owned by Sweet Spirits Stables LLC and trained by Christine Clagett, following the running of the second race at Laurel Park on October 27, 2022. The Stewards notified Ms. Clagett that: (1) the presence of mepivacaine, at this level, in the system of “Sweet Asta” 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.

Ms. Clagett did exercise her right to the split sample testing. (COMAR 09.10.03.09 H 1, 2, &

3) Upon receiving confirmation from Texas A&M Veterinary Medical Diagnostic Laboratory that mepivacaine is present in sample #E571459 dated October 27, 2022, at a quantity level of 826.4 +- 34.7 pg/ml. The Stewards contacted Ms Clagett of the results of the split sample.

The Stewards held a hearing on May 6, 2023, wherein Ms. Cagett was joined by her owners, James and Gail Poulos who was also legal counsel.

Based upon the evidence before them, the Stewards find the following:
(1) “Sweet Asta” did carry mepivacaine, in its system when it finished first in the second race at Laurel Park on October 27, 2022, a violation under COMAR 09.10.03.04,C ;
(2) Christine Clagett, as trainer, was the absolute insurer of, and responsible for, the condition of “Sweet Asta” 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.

Based upon the foregoing and taking into account mitigating circumstances, the Stewards hereby order that:

Trainer Christine Clagett will not be fined or suspended.

The horse, “Sweet Asta” be disqualified from the second race from October 27, 2022.

The Horsemen’s Bookkeeper redistribute all purse monies for that race in accordance with the following order: OFFICIAL ORDER OF FINISH

1^st Saint Marco
2^nd Manklin Creek
3^rd Uncommon Valor
4^th Give It a Go
5^th Scintillio
6^th Bet On Bitz
7^th I’m Not Slow

Sweet Asta- unplaced

A Separate hearing was held wherein Trainer Christine Clagett will be assigned one (1) Multiple Medication Violation Point.

BY ORDER OF THE STEWARDS

DATE: May 13, 2023 TRACK: Pimlico Race Course

STEWARDS: Adam Campola
Ross R Pearce
Russell G Derderian

RULINGS:
#23-052 Trainer, Anthony Aguirre Sr., is fined One hundred and fifty dollars ($150.), for failure to follow Racetrack protocol concerning shipping a horse into the track. ( No health certificate)

COMAR: 09.10.01.45 H

BY ORDER OF THE STEWARDS

DATE: May 27, 2023 TRACK: Pimlico Race Course

STEWARDS: Adam Campola
Ross R Pearce
Russell G Derderian

RULINGS:
#23-053 In the matter of exercise rider John Berry, III: On April 12, 2023 Mr. Berry was requested to deliver urine sample by the MRC Investigators. The specimen he rendered tested positive for marijuana and cocaine.

COMAR 09.10.03.05 A(1)(a)(i).

A hearing was held on May 26, 2023. Mr. Berry appeared in the absence of counsel and waived his right thereto. Based upon the testimony and evidence presented at the hearing, the Stewards found John Berry in violation of COMAR 09.10.03.05 Drug Prohibition-Humans.

Accordingly, the Stewards hereby order:

(1) That the license issued to John Berry, III 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. Berry will not be allowed to work on the backside.

[COMAR 09.10.01.45, 'Y (1) (a).]

BY ORDER OF THE STEWARDS