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May 2021 Thoroughbred Rulings - Maryland Racing Commission

May 1, 2021 - Pimlico Race Course
#21-076 On March 17, 2021, the Stewards received notice from the Truesdail Laboratories, Inc. that blood sample #37798, dated January 24, 2021, contained the drug methocarbamol
at a level of 4.8+- 0.3 ng/ml which is above the threshold of 1 nanograms set forth for this drug. The Stewards established that blood sample #37798 was taken from the horse “Paul’s Plunder”, owned by Haines Brothers Stable and trained by Timothy Salzman, following the running of the second race at Laurel Park on January 24, 2021. The Stewards notified Mr. Salzman that: (1) the presence of methocarbamol at this level, in the system of “Paul’s Plunder” 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. Salzman did exercise his right to the split sample testing. (COMAR 09.10.03.09 H 1, 2, & 3)
Upon receiving confirmation from UIC Analytical Forensic Testing Laboratory that methocarbamol is present in sample #37798 dated January 24, 2021, at a quantity level of 6.2+-1.2ng/ml.

The Stewards held a hearing on May 1, 2021 wherein Mr. Salzman waived his right to legal counsel.

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

(1) “Paul’s Plunder” did carry an overage of methocarbamol in its system when it finished first in the econd race at Laurel Park on January 24, 2021, a violation under COMAR 09.10.03.04, Section C;
(2) Timothy Salzman, as trainer, was the absolute insurer of, and responsible for, the condition of “Paul’s Plunder” 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 and taking into account mitigating circumstances, the Stewards hereby order that:

(1) The horse “Paul’s Plunder”, be disqualified from the second race on January 24, 2021 at Laurel Park.
(2) The Horsemen’s Bookkeeper redistribute all purse monies for that race in accordance with the following order:

OFFICIAL ORDER OF FINISH

1st Stay Out
2nd Had the Notion
3rd Cairo Queen
4th Always Something
5th Le Petite Papillon

Paul’s Plunder- unplaced

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

May 2, 2021- Pimlico Race Course
#21-077 Jockey, Alberto Delgado is fined Two hundred and Fifty dollars ($250.00)
for violating the
riding crop rule, in the third race at Pimlico Race Course on May 1, 2021.
COMAR 09.10.01.45 H

May 2, 2021 - Pimlico Race Course
#21-078 In the eighth race, at Pimlico Race Course on May 1, 2021, horse #2 “Ghost Stalker”, ridden by jockey, Johan Rosado was disqualified
from second position and placed third. Inside the 1/8th pole, #2 “Ghost Stalker” angled in and bumps #3 ”Sir Lenny” ridden by J. D. Acosta, moving him inward. The rider of #3 straightens his horse up and in doing so exchanges bumps with #2.

COMAR 09.10.01.50 A (1)(a)(d) which states in pertinent parts: “A horse may not (c) Jostle another horse; (e) Impede another horse]

OFFICAL ORDER OF FINISH
1st U S Constitution
2nd Sir Lenny
3rd Ghost Stalker

May 2, 2021 - Pimlico Race Course
#21-079 Jockey, Johan Rosado, is suspended three (3) Maryland racing days
, May 6,7 and 8, 2021, for riding the horse “Ghost Stalker” in a careless manner in the eighth race at Pimlico Race Course on May 1, 2021.
[COMAR 09.10.01.45 AA (1).]

May 2, 2021 - Pimlico Race Course
#21-080 The below listed licensees have been fined
for failure to have the 2020-21 license badges they had been issued by the Maryland Racing Commission.
[COMAR 09.10.04.11, C.]

- BENSON, Edmund $5.00
- GARCIA, Luis $5.00
- BLANFORD, Charles $5.00
- MOHAMMED, Nazim $5.00
- ESPINOZA, Rafael $5.00
- SMITH, Bobby $5.00
- Damian-Martinez, Miguel $5.00
- RODRIGUEZ, Mario $5.00
- GREEN, Jr., Joseph $5.00
- SERVIN, Alejandro $10.00
- LYLES, Floyd $5.00
- LYLES, Floyd $5.00
- HERNANDEZ-HERNANDEZ, Hernan $10.00
- SUAREZ, Jesus $5.00
- BARCO, Elias $5.00
- BRIGMON, James $5.00
- BRIGMON, James $5.00
- VEGA-VEGA, Mario $5.00
- FROCK, Charles A. $5.00
-
(Note: The fines have been paid)

May 5, 2021 - Pimlico Race Course
#21-081 In the sixth race, at Pimlico Race Course on May 2, 2021, horse #3 “Orbonthebayou”, ridden by apprentice Jockey, John Hiraldo was disqualified
from second position and placed third. Inside the 1/16th pole, #3 “Orbonthebayou” drifts out, forcing #4 “Royalian” ridden by Yomar Ortiz to check sharply from between horses to avoid clipping heels.

COMAR 09.10.01.50 A (1)(a)(e) which states in pertinent parts: “A horse may not (a) Carry another horse in or out; (e) Impede another horse]

OFFICAL ORDER OF FINISH
1st Manklin Creek
2nd Royalian
3rd Orbonthebayou

May 6, 2021 - Pimlico Race Course
#21-082 Apprentice jockey, John Hiraldo, is suspended three (3) Maryland racing days
, May 13, 14, and 15, 2021, for riding the horse “Orbonthebayou” in a careless manner in the sixth race at Pimlico Race Course on May 2, 2021.
[COMAR 09.10.01.45 AA (1).]

May 15, 2021 - Pimlico Race Course
#21-083 Jockey, Irad Ortiz, Jr. is fined Two hundred and Fifty dollars ($250.00)
for violating the riding crop rule, in the twelfth race at Pimlico Race Course on May 14, 2021.
COMAR 09.10.01.45 H

May 21, 2021 - Pimlico Race Course
#21-084 In the seventh race, at Pimlico Race Course on May 13, 2021, horse #10 “Wicked Prankster”, ridden by Jockey, Alcibiades Cortez was disqualified
from fourth position and placed sixth. Outside the 1/16th pole, #10 “Wicked Prankster” ducked out sharply, forcing #5 “Stringfella” ridden by Xavier Perez to take up and swing out to avoid getting run into

COMAR 09.10.01.50 A (1)(a)(e) which states in pertinent parts: “A horse may not (a) Carry another horse in or out; (e) Impede another horse]

OFFICAL ORDER OF FINISH
1st Johng
2nd Striking It Lucky
3rd Dreaming of Carats
4th Miami Mumbles
5th Stringfella
6th Wicked Prankster

May 21, 2021 - Pimlico Race Course
#21-085 In the fifth race, at Pimlico Race Course on May 15, 2021, horse #2 “Breaking News”, ridden by jockey Joel Rosario was disqualified
from second position and placed seventh. Inside the 1/8th pole, #2 “Breaking News” tries to find room inside of #5 “Going to the Lead” ridden by Horacio Karamanos and in doing so bumps #3 “John the Bear” ridden by Kevin Gomez repeatedly, forcing Jockey Gomez to take up sharply to avoid hitting the inside rail or clipping heels.

COMAR 09.10.01.50 A (1)(a)(d) which states in pertinent parts: “A horse may not (c) Jostle another horse; (e) Impede another horse]

OFFICAL ORDER OF FINISH
1st Fire Sword
2nd Going to the Lead
3rd Sugar Daddy
4th Abuelo Paps
5th Royal Crusader
6th John the Bear
7th Breaking News

May 21, 2021 - Pimlico Race Course
#21-086 Jockey, Joel Rosario, is suspended three (3) Maryland racing days
, May 27, 28 and 29, 2021, for riding the horse “Breaking News” in a careless manner in the fifth race at Pimlico Race Course on May 15, 2021.
[COMAR 09.10.01.45 AA (1).]

May 21, 2021 - Pimlico Race Course
#21-087 In the matter of Jockey, Joel Rosario, subject of Stewards’ Ruling #21-086, dated May 21, 2021.
Jockey Rosario, having filed an appeal with the Maryland Racing of the suspension issued to him by the Stewards in Ruling #21-086, said suspension is hereby stayed pending a Commission hearing on this appeal.
COMAR: 09.10.04.04 A

May 21, 2021 - Pimlico Race Course
#21-088 Apprentice jockey, John Hiraldo, is suspended three (3) Maryland racing days
, May 27, 28 and 29, 2021, for riding the horse “Audacious Quality” in a careless manner in the sixth race at Pimlico Race Course on May 20, 2021.
[COMAR 09.10.01.45 AA (1).]

May 22, 2021 - Pimlico Race Course
#21-089 The below listed licensees have been fined
for failure to have the 2020-21 license badges they had been issued by the Maryland Racing Commission.
[COMAR 09.10.04.11, C.]

- VARGAS-PARDO, Wilson $5.00
- WEBB, Tiffany $5.00
- MARQUEZ, Charles $5.00
- WELLMAN , Carrie $5.00
- RYAN, Kelly $5.00
- CHURCH, Christina $5.00
- HAIG, Steven $5.00
- WORTON, Dorothy $5.00
- MILLER, John $5.00
- BOWMAN, Patricia $5.00
- SPANABEL, Skyler $5.00
-
(Note: The fines have been paid)

May 22, 2021 - Pimlico Race Course
#21-090 On April 9, 2021, the Stewards received notice from ALS Group USA, Corp. that blood sample #38192, dated March 14, 2021, contained the drug phenylbutazone
at 655 +- 9 ng/ml or .655+-.09mg/ml which is in excess of the accepted threshold level of .3mg/ml phenylbutazone established by the MRC. See COMAR 09.10.03.01. The Stewards, having established that blood sample #38192 was taken from the horse “Keepyourguardup”, owned by Pecoraro Stable, Inc. and trained by Anthony Pecoraro, following the running of the sixth race at Laurel Park on March 14, 2021. The Stewards notified Mr. Pecoraro that: (1) the presence of phenylbutazone, at this level, in the system of “Keepyourguardup” 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. Pecoraro did exercise his right to the split sample testing. (COMAR 09.10.03.09 H 1, 2, & 3)

Upon receiving conformation from Texas A&M TVMDLUIC Analytical Forensic Testing Laboratory that phenylbutazone is present in sample #38192 dated March 14, 2021, at a quantity level of .45+-.07mg/ml., The Stewards held a hearing on May 22, 2021 wherein Mr.Pecoraro waived his right to legal counsel.

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

(1) “Keepyourguardup” did carry an overage of phenylbutazone, in its system when it finished first in the sixth race at Laurel Park on March 14, 2021, a violation under COMAR 09.10.03.04,C;
(2) Anthony Pecoraro, as trainer, was the absolute insurer of, and responsible for, the condition of “Keepyourguardup” 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: The horse, “Keepyourguardup” be disqualified from the sixth race from March 14, 2021.

OFFICIAL ORDER OF FINISH

1st Inject the Light
2nd Moonzano
3rd Here Comes Rudy
4th Doublebarrelbourbon
5th Scottsdale
6th Runback
7th Gonna Win It
8th Magic of Love

Keepyourguardup- unplaced

A separate hearing was held to address the Multiple Medication Violation Point system. Trainer Anthony Pecoraro will be assigned a half (.5) Multiple Medication Violation Point.
[COMAR 09.10.03.02 C]

May 23, 2021 - Pimlico Race Course
#21-091 In the fifth race, at Pimlico Race Course on May 22, 2021, horse #5 “B Determined”, ridden by Jockey, Ferrin Peterson was disqualified
from first position and placed third. Inside the 1/8th pole, #5 “B Determined” drifted in 3 or 4 paths, forcing #4 “Mahkato” ridden by Charlie Marquez to take up before continuing on and getting beat out for second place by a nose.

COMAR 09.10.01.50 A (1)(a)(e) which states in pertinent parts: “A horse may not (a) Carry another horse in or out; (e) Impede another horse]

OFFICAL ORDER OF FINISH
1st Princess Adira
2nd Mahkato
3rd B Determined

May 23, 2021 - Pimlico Race Course
#21-092 Jockey, Ferrin Peterson, is suspended two (2) Maryland racing days
, May 27 and 28, 2021, for riding the horse “B Determined” in a careless manner in the fifth race at Pimlico Race Course on May 22, 2021.
[COMAR 09.10.01.45 AA (1).]

May 28, 2021 - Pimlico Race Course
#21-093 On March 11, 2021, the Stewards received notice from the Truesdail Laboratories, Inc. that blood sample #37717, dated January 16, 2021, contained the drug methocarbamol
at a level of 1.6+- 0.3 ng/ml which is above the threshold of 1 nanograms set forth for this drug. The Stewards established that blood sample #37717 was taken from the horse “Jack Gave Back”, owned by Magic Carpet Racing and trained by Katharine Voss, following the running of the ninth race at Laurel Park on January 16, 2021. The Stewards notified Ms. Voss that: (1) the presence of methocarbamol at this level, in the system of “Jack Gave Back” 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. Voss did exercise her right to the split sample testing. (COMAR 09.10.03.09 H 1, 2, & 3)
Upon receiving confirmation from UIC Analytical Forensic Testing Laboratory that methocarbamol is present in sample #37717 dated January 16, 2021, at a quantity level of 1.7+-0.4ng/ml.

The Stewards held a hearing on May 28, 2021 wherein Ms. Voss waived her right to legal counsel.

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

(1) “Jack Gave Back” did carry an overage of methocarbamol in its system when it finished second in the ninth race at Laurel Park on January 16, 2021, a violation under COMAR 09.10.03.04, Section C;
(2) Katharine Voss, as trainer, was the absolute insurer of, and responsible for, the condition of “Jack Gave Back” 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 and taking into account mitigating circumstances, the Stewards hereby order that:

(2) The horse “Jack Gave Back”, be disqualified from the ninth race on January 16, 2021 at Laurel Park.
(2) The Horsemen’s Bookkeeper redistribute all purse monies for that race in accordance with the following order:

OFFICIAL ORDER OF FINISH

1st Kentucky Cool
2nd So Dailed In
3rd Silver Sun
4th Natty Beau
5th Garban

Jack Gave Back- unplaced
Alpha Queue- unplaced

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

May 28, 2021 - Laurel Park
#21-094 In the matter of the third race at Laurel Park on October 24, 2020;

On May 27, 2021, the Maryland Racing Commission convened to hear the appeal of Dale Capuano. The Commission voted to overturn the Stewards decision in this matter and declared Louis C. Ulman and Taking Risks Stable LLC “Gennie Highway” the winner.

The owner of “Epic Idea”, Vivian Rall and trainer, Ann Merryman have accepted the decision and will not exercise their right to appeal. Therefore the new official order of finish is as follows;

Offical Order of Finish

1st Gennie Highway
2nd Epic Idea
The purse monies affected by the dispute are to be released by the Horsemen's Bookkeeper.

May 30, 2021 - Pimlico Race Course
#21-095 On May 28, 2021, the Stewards received notice from Truesdail Laboratories, Inc. that blood sample #11327 dated May 13, 2021, contained the drug phenylbutazone
at 677+-.04ng/ml or .677 mg/ml which is in excess of the accepted threshold of .3 mg/ml phenylbutazone established by the MRC. See COMAR 09.10.03.01. The Stewards, having established that blood sample #11327 was taken from the horse “Xmasinthecity”, owned by Andres Garibay, Jr. and trained by Andres Garibay, Sr., following the running of the first race at Pimlico Race Course on May 13, 2021. The Stewards notified Mr. Garibay that: (1) the presence of phenylbutazone, at this level, in the system of “Xmasinthecity” 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 May 30, 2021, wherein Mr. Garibay waived his right to legal counsel and a split sample.

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

(1) “Xmasinthecity” did carry an overage of phenylbutazone, in its system when it finished first in the first race at Pimlico Race Course on May 13, 2021, a violation under COMAR 09.10.03.04,C ;
(2) Andres Garibay, Sr., as trainer, was the absolute insurer of, and responsible for, the condition of “Xmasinthecity” 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:

The horse, “Xmasinthecity” be disqualified from the first race from May 13, 2021.

OFFICIAL ORDER OF FINISH
1st Backwoods Boogie
2nd Gins and Tins
3rd Ready to Run
4th Pyser’s Orb
5th No Fooling Dude
6th Confusion Baby Boy
7th Barnstorm
8th Vern H

Xmasinthecity - unplaced

A Separate hearing was held wherein Trainer Andres Garibay, Sr. will be assigned one half (1/2) Multiple Medication Violation Point.

May 31, 2021 - Pimlico Race Course
#21-096 Trainer, Dale Capuano is fined One hundred dollars ($100.00)
for not following MJC COVID
Protocol while on racetrack property. (Wearing a Mask).
[COMAR 09.10.01.45 H]