October 2020 Thoroughbred Rulings - Maryland Racing Commission

October 1, 2020 - Pimlico Race Course
#20-116 In the matter of the horse “Irish Crossing” owned and trained by Robert E. Gamber in the second race on July 31, 2020 at Laurel Park. On September 25, 2020 the Stewards were notified by a Racing Commission Veterinarian that the horse “Irish Crossing” that ran on July 31, 2020 was ineligible to participate. An investigation was conducted. A hearing was held on September 30, 2020 including Mr. Gamber, Dr. Victoria Casso and Dr. Nick Mettinis.

Based upon the evidence of the investigation and testimony presented at the hearing, the Stewards found the following:

Based upon the above, and in accordance with COMAR 09.10.03.04(F), the Stewards hereby find that “Irish Crossing” was ineligible to race at the time it ran in the second race on July 31, 2020. All money earned by “Irish Crossing” to be returned.

Accordingly, “Irish Crossing” is hereby disqualified from the second race at Laurel Park on July 31, 2020.

Official Order of Finish:
1st Absalom
2nd Paratycachaca
3rd Mine To Hold
4th I’ve Gotta Plan
5th Maryland Bandit
6th Senor Seville

Irish Crossing - unplaced

October 1, 2020 - Pimlico Race Course
#20-117 In the matter of the horse “Irish Crossing” owned and trained by Robert E. Gamber in the second race on July 31, 2020 at Laurel Park. On September 25, 2020 the Stewards were notified by a Racing Commission Veterinarian that the horse “Irish Crossing” that ran on July 31, 2020 was ineligible to participate. An investigation was conducted. A hearing was held on September 30, 2020 including Mr. Gamber, Dr. Victoria Casso and Dr. Nick Mettinis.

Based upon the evidence of the investigation and testimony presented at the hearing, the Stewards found the following:

(1) The horse “Irish Crossing”, trained by Robert Gamber, was entered by him to run in the second race at Laurel Park on July 31, 2020.
(2) “Irish Crossing” ran within 14 days of an Intra-Articular Injection.
(3) Dr. Casso Injected “Irish Crossing” on July 21, 2020
(4) Dr. Casso did not file an injection report with the State Veterinian.

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

Dr. Victoria Casso is fined Five Hundred dollars ($500).

AMENDED RULING

October 2, 2020 - Laurel Park
#20-118 On May 5, 2020, the Stewards received notice from Truesdail Laboratories, Inc. that urine sample #36903, dated February 27, 2020, contained the drug albuterol at 6.2+-2.14ng/ml and urine sample #36935, dated February 29, 2020, contained the drug albuterol at 5.33+-0.87ng/ml which is in excess of the accepted threshold level of 1ng/ml established by the MRC. See COMAR 09.10.03.01 The Stewards established that urine sample #36903 was taken from the horse “Over Sensual”, owned by Richie’s World Stables, LLC and trained by Juan Vazquez, following the running of the seventh race at Laurel Park on February 27, 2020 and urine sample #36935 was taken from the horse “Fifty”, owned by King Star, LLC and trained by Juan Vazquez, following the running of the fifth race at Laurel Park on February 29, 2020. The Stewards notified Mr. Vazquez that: (1) the presence of albuterol at this level in the systems of “Over Sensual” and “Fifty” 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. Vazquez exercised his right to the split sample testing.
(COMAR 09.10.03.09 H 1, 2, & 3)

Upon receiving conformation from Industrial Laboratories that albuterol present in sample #36903 dated February 27, 2020, at a quantity level of 6.28+-0.12ng/ml. and sample #36935 dated February 29, 2020 at a quantity level of 11.55+-0.12ng/ml., The Stewards held a hearing on this matter July 23, 2020 via telephone, wherein Mr. Vazquez waived his right to legal counsel.

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

(1) “Over Sensual” did carry an overage of albuterol, in its system when it finished first in the seventh race at Laurel Park on February 27, 2020, a violation under COMAR 09.10.03.04,C;
(2) “Fifty” did carry an overage of albuterol in its system when it finished first in the fifth race at Laurel Park on February 29, 2020, a violation under COMAR 09.10.03.04,C;
(3) Juan Vazquez, as trainer, was the absolute insurer of, and responsible for, the condition of “Over Sensual” and “Fifty” at the time the horses ran (Sections D & F);
(4) 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
(5) 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 foregoing, the Stewards hereby order that because both horses ran in the same testing period, it be considered one violation under the penalty phase.

(1) Trainer Juan Vazquez be suspended Fifteen (15) days. The suspension will start on October 12 and run through October 27, 2020.
(2) Trainer Juan Vazquez, be fined in the amount of Five hundred dollars ($500.).
(3) The horse “Over Sensual”, be disqualified from the seventh race on February 27, 2020 at Laurel Park.

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

OFFICIAL ORDER OF FINISH

1st Can’t Pass It Up
2nd Muchacho
3rd Flight Risk
4th Itgot Grandma
5th Fast Master

Over Sensual - unplaced

(4) The horse “Fifty”, be disqualified from the fifth race on February 29, 2020 at Laurel Park.

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

OFFICIAL ORDER OF FINISH

1st Parade of Nations
2nd Drive At Night
3rd Finbar
4th Unnamed Soldier
5th Jonathan McD
6th Super Buddy

Fifty - unplaced

A separate hearing was held to address the Multiple Medication Violation Point system.
Trainer Juan Vazquez will be assigned Two (2) Multiple Medication Violation Points.
[COMAR 09.10.03.02 C]

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.

October 3, 2020 - Pimlico Race Course
#20-119 Jockey, Victor Rosales is fined Two hundred and fifty dollars ($250.00) for violating the
riding crop rule, in the eighth race at Pimlico Race Course on October 2, 2020.
COMAR 09.10.01.45 H

October 7, 2020 - Pimlico Race Course
#20-120 In the matter of owner, Timory H. Ridall, subject, of Steward’s Ruling #07-112. Having satisfied his financial obligation to the Maryland Thoroughbred Purse Account as of October 3, 2020, owner, Timory H. Ridall is reinstated to good standing with the Maryland Racing Commission and declared eligible to participate in racing.
BY ORDER OF THE STEWARDS

October 8, 2020 - Laurel Park
#20-121 Jockey, Horacio Karamanos is fined Five hundred ($500.00) for violating the riding crop rule for the second time, in the seventh race at Pimlico Race Course on October 3, 2020.
COMAR 09.10.01.45 H

October 8, 2020 - Laurel Park
#20-122 Jockey, Angel Cruz is fined Two hundred and fifty dollars ($250.00) for riding in a careless and unprofessional manner, in the eleventh race at Pimlico Race Course on October 2, 2020.
COMAR 09.10.01.45 H

October 9, 2020 - Laurel Park
#20-123 In the fifth race, at Laurel Park on October 8, 2020, horse #3 “Benny Havens”, ridden by jockey Jevian Toledo was disqualified from first position and placed sixth. Near the 1/8th pole #3 “Benny Havens”, came over into the path of #12 “Rising Perry” ridden by jockey Daniel Centeno, forcing him to check sharply to avoid clipping heels, impeding his best chance to finish.

[Violation under COMAR 09.10.01.50, A (1) b & e, which states in pertinent parts: “A horse may not: (b) cross or weave in front of another horse without sufficient clearance; (e) Impede another horse.]

OFFICIAL ORDER OF FINISH:
1st Daddy’s Cozy
2nd Can He Shine
3rd Rule Yourself
4th Up Against It
5th Rising Perry
6th Benny Havens

October 9, 2020 - Laurel Park
#20-124 Jockey, Xavier Perez is fined Two hundred and fifty dollars ($250.00) for violating the
riding crop rule, in the second race at Laurel Park on October 8, 2020.
COMAR 09.10.01.45 H
BY ORDER OF THE STEWARDS

October 9, 2020 - Laurel Park
#20-125 Jockey, Jevian Toledo, is suspended three (3) Maryland racing days, October 10, 11 and 15, 2020, for riding the horse “Benny Havens” in a careless manner in the fifth race at Laurel Park on October 8, 2020, thereby causing the disqualification of “Benny Havens” from first to sixth position.
[COMAR 09.10.01.45 AA(1).]

October 10, 2020 - Laurel Park
#20-126 On August 24,2020, the Stewards received notice from the Truesdail Laboratories, Inc. that urine sample #34011, dated July 24, 2020, contained the drug 2-(1-hydroxyethyl)promazine sulfoxide at a level of 15.1+- 1.0 nanograms/ml which is above the threshold of 10 nanograms set forth for this drug. The Stewards established that urine sample #34011 was taken from the horse “Halfinthewrapper”, owned by Stephen R. Ferguson and trained by Stephen Casey, following the running of the sixth race at Laurel Park on July 24, 2020. The Stewards notified Mr. Casey that: (1) the presence of 2-(1-hydroxyethyl)promazine sulfoxide at this level, in the system of “Halfinthewrapper” 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. Casey did exercise his right to the split sample testing. (COMAR 09.10.03.09 H 1, 2, & 3)
Upon receiving conformation from UIC Analytical Forensic Testing Laboratory that 2-(1-hydroxyethyl)promazine sulfoxide is present in sample #34011 dated July 24, 2020, at a quantity level of 16.4+-3.5ng/ml.

The Stewards held a hearing on October 10, 2020. Mr. Casey waived his right to legal counsel.

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

(1) “Halfinthewrapper” did carry 2-(1-hydroxyethyl) promazine sulfoxide in its system when it finished first in the sixth race at Laurel Park on July 24, 2020, a violation under COMAR 09.10.03.04, Section C;
(2) Stephen Casey, as trainer, was the absolute insurer of, and responsible for, the condition of “Halfinthewrapper” 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) Trainer Stephen Casey, be fined in the amount of Five Hundred dollars ($500.).
(2) The horse “Halfinthewrapper”, be disqualified from the sixth race on July 24, 2020 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 Judie Blue Eyes
2nd Rapidasqueen
3rd Ragtime Suzy
4th My Lila
5th Pins and Needles
6th Merry Maid

Halfinthewrapper- unplaced

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

October 11, 2020 - Laurel Park
#20-127 In the matter of the fifth race at Laurel Park on October 8, 2020, regarding the Offical result.

On October 10, 2020 owner/trainer, Anthony Aguirre, Jr. filed an appeal with the Maryland Racing Commission. The appeal contests the Stewards' decision to disqualify his horse “Benny Havens” from first position.

As a result of that appeal, the fifth race on October 8, 2020, 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 “Benny Havens” and “Daddy’s Cozy” 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.

BY ORDER OF THE STEWARDS