HIWU Weekly Update: Pimental Withdraws Admission Of Guilt, Pro Bono Lawyer Panel In Development

The biggest news published this week by the Horseracing Integrity & Welfare Unit (HIWU), the enforcement arm of the Horseracing Integrity and Safety Authority (HISA), is that trainer John Pimental has been allowed to withdraw his admission of guilt for two violations of the Anti-Doping and Medication Control Program. This cancels a previously-imposed three-year suspension and $25,000 in fines, and reverts the charges to “pending” status.

Pimental spoke to the Thoroughbred Daily News last week regarding the two violations: possession of the banned substance levothyroxine and a positive test for methamphetamine in trainee Golovkin. The 68-year-old trainer suspected that the meth positive had been triggered by environmental contamination from a drug user who came in contact with Golovkin either in the starting gate or in the test barn, and said that the levothyroxine had been used for a stable pony.

Since no hearing was held, Pimental had 30 days to seek review from an Administrative Law Judge at the Federal Trade Commission (FTC) following his signing of an admission of guilt and the imposition of sanctions. This allowed HIWU to accept Pimental's withdrawal of the admission.

Pimental said he had initially signed the admission of guilt because he could not afford a lawyer, but following the TDN story's publication, Pimental reportedly began working with HISA's/HIWU's Ombudsman, Alan Foreman, at no cost. HISA CEO Lisa Lazarus wrote in a Letter to the Editor published in TDN this week that Pimental's case has prompted the development of a “Pro Bono panel of lawyers for Covered Persons who fall below a certain income threshold so that no one is deprived of counsel simply because they cannot afford a lawyer.”

“We firmly believe that no horseman should be deprived of his or her due process rights because of a lack of resources,” Lazarus wrote.

Alexa Ravit, HIWU's director of communications and outreach, told Paulick Report of the Pimental case: “The adjudication process will now restart. The rules state that a hearing should be scheduled for within 60 days of the request, which has matched our average timelines thus far.”

HIWU has also lifted the Provisional Suspensions and withdrawn the Equine Anti-Doping Charge letters from trainers Guadalupe Munoz Elizondo and Javier Morzan due to their Covered Horses testing positive for Metformin at levels in blood that should not have been reported as Adverse Analytical Findings under the ADMC's listed Limit of Detection.

As a reminder: HIWU's regulations for vet's list workouts include stricter medication restrictions than those for horses completing routine timed workouts. Horses on the veterinarian's list are required to complete a recorded work before a veterinarian and undergo post-race drug testing to be taken off the list. Horses completing routine, non-vet's list workouts are prohibited from having analgesics, non-steroidal anti-inflammatories, corticosteroids, and local anesthetics in their system, but other therapeutic medications are permitted.

Last week's edition of the HIWU Weekly Update is available here, and all public disclosures can be found on the HIWU website.

New Case Resolutions

The following cases have recently been resolved by HIWU, either by admission and acceptance of consequences (AAC) or by final decision (FINAL).

Note: The accumulation of Penalty Points can lead to suspensions (6-7 points leads to a 30-day suspension).

  • Trainer William Cowans will pay a $3,000 fine and has been assessed 3 Penalty Points for violations of the intra-articular injection rule within seven days of a timed workout with Dream Keeper and Secretary of War on Sept. 26. The two instances were treated as one violation. (AAC)
  • Trainer Mark Hibdon has been fined $500 and assessed 1.5 Penalty Points over D'wild Muffin testing positive for flunixin (banamine) after winning a $4,000 claiming race at Arapahoe Park on Aug. 27. The 9-year-old mare was disqualified with purse money ordered returned. (FINAL)
  • Trainer Randi Persaud has been fined $500 and assessed 1.5 Penalty Points over Jumpster testing positive for phenylbutazone after a vet's list workout at Saratoga on Aug. 20. (FINAL)
  • Trainer Leslye Bouchard has been fined $3,000 and assessed 3 Penalty Points for violations of the intra-articular injection rule within seven days of a timed workout with Tomarie on Aug. 12. (AAC)

Pending Violations – Controlled Substances

The following cases include pending violations for controlled substances, those that are permitted for therapeutic purposes, but not on race days or during vet's list workouts (new cases in italics).

  • Trainer Manuel Badilla – Regal Redwood tested positive for dexamethasone after finishing third in a maiden claiming race at Golden Gate Fields on Sept. 24. (Class C)
  • Trainer Rodolfo Garcia – violation of the intra-articular injection rule within seven days of a timed workout with Castellana (Sept. 15).
  • Trainer Carlos Mancilla – Cara in the City tested positive for gabapentin after finishing second in a maiden claiming race at Pimlico on Sept. 10. (Class B)
  • Trainer Luciano Medina Gabriel – Bel Ragazzo tested positive for omeprazole after winning a $5,000 claiming race at Emerald Downs on Sept. 10. (Class C)
  • Trainer Clarence King – Indirectly tested positive for dimethylsulfoxide after a vet's list workout at Parx Racing on Sept. 8. (Class C)
  • Trainer Philip Aristone
    • Jewels in the Bay tested positive for  lamotrigine (an anticonvulsant which can be used to treat seizures and bipolar disorder) after winning a $16,000 maiden claiming race at Parx on Sept. 6. (Class B)
    • Field Letters tested positive for lamotrigine (an anticonvulsant which can be used to treat seizures and bipolar disorder) after winning a $4,000 claiming race at Penn National on Aug. 4. Field Letters was claimed out of this race by trainer Tito Moreno, and has since run twice more at Penn National. The claim may be voided under HISA rules. (Class B)
  • Trainer Debbie Van Horne – You're the Cause tested positive for phenylbutazone after winning an allowance optional claimer at Emerald Downs on Sept. 3. (Class C)
  • Trainer Kevin Fletcher – Ruby Layne tested positive for caffeine on Aug. 29 (no race or workout listed on this date in Equibase database). (Class B)
  • Trainer Mario Serey, Jr. – Some is Nine tested positive for flunixin (banamine) after finishing second in a $5,000 claiming race at Timonium on Aug. 27. (Class C)
  • Trainer Jeffrey Englehart –
    • Mi Tres Por Ciento tested positive for methocarbamol after a vet's list workout at Finger Lakes on Aug. 23. (Class C)
    • Wait A Minute tested positive for acepromazine after a vet's list workout at Finger Lakes on July 18. (Class B)
    • Mi Tres Por Ciento tested positive for methocarbamol after a vet's list workout at Finger Lakes on July 18. (Class C)
    • Graywing tested positive for phenylbutazone after finishing fourth in an allowance race at Finger Lakes on July 17. (Class C)
  • Trainer Reynaldo Yanez – violation of the intra-articular injection rule within seven days of a timed workout with Chapalu (Aug. 18).
  • Trainer Robert Leaf, Jr. – Laddie Dance tested positive for phenylbutazone after winning a maiden special weight race at Delaware Park on Aug. 16. (Class C)
  • Trainer Jeffrey Crozier – Orb of the Boro tested positive for phenylbutazone after winning a $5,000 claiming race at Belterra Park on Aug. 15. The horse was claimed out of this race; that claim may be voided under HISA rules. (Class C)
  • Trainer Ron Moquett – Lundberg tested positive for acepromazine after a vet's list workout at Ellis Park on Aug. 12. (Class B)
  • Trainer Joe Toye – Glimpse of Gold tested positive for dexamethasone after winning a maiden claiming race at Emerald Downs on Aug. 12. (Class C)
  • Trainer Faustino Patino Lopez – Night to Remember tested positive for dexamethasone after finishing third and last in a maiden claiming race at Emerald Downs on Aug. 12. (Class C)
  • Trainer Cathal Lynch – Saloon tested positive for flunixin (banamine) after finishing second in a $10,000 claiming race at Laurel Park on Aug. 11. (Class C)
  • Trainer Jaime Cruz – Animal Princess tested positive for detomidine (large animal sedative) after finishing third in a $16,000 claiming race at Delaware Park on Aug. 4. (Class B)
  • Trainer Don Roberson – Secret Life Style tested positive for flunixin (banamine) after finishing seventh and last in a $2,500 claiming race at Emerald Downs on July 28. (Class C)
  • Trainer Cassondra Weaver – Coyote Runner tested positive for acepromazine after a workout at Presque Isle Downs on July 20. (Class B)
  • Trainer Jason DaCosta – Poker Partner tested positive for gabapentin after winning a maiden special weight race at Parx on July 18. (Class B)
  • Trainer Candice Cryderman – Dontforgethesugar tested positive for methocarbamol after finishing third in a claiming race at Emerald Downs on July 7. (Class C)
  • Trainer William Martin – Alkalinization or use of an alkalinizing agent (TCO2) on Wild Irish prior to his win in a claiming race at Presque Isle Downs on July 3.
  • Trainer Jacqueline Falk – Gold Templar tested positive for methocarbamol after finishing second in a maiden special weight race at Finger Lakes on June 28. (Class C)
  • Trainer Chris Hartman – Necker Island tested positive for acepromazine after winning the Mighty Beau Stakes at Ellis Park on June 18. (Class B)

Pending Violations – Provisional Suspensions For Banned Substances

The following cases include pending violations for banned substances, those that are not permitted in horses. New cases are listed in italics, and active suspensions have the responsible person's name listed in bold.

Postponed suspensions, those for substances yet to be confirmed by split sample, are listed with an asterisk (*).

  • Dr. Barbara Hippie – possession of banned substances bisphosphonate, pitcher plant extract (sarapin), levothyroxine, and isoxuprine (violation date Sept. 28)
  • Dr. Scott Shell – possession of banned substances bisphosphonate; gamma aminobutyric acid (GABA), and isoxsuprine (violation date Sept. 28)
  • Trainer Keri Brion's provisional suspension has been lifted pursuant to Rule 3247(e) after Chasing After You tested positive for benzoylecgonine, a metabolite of cocaine, after winning a $25,000 claiming race at Presque Isle Downs on Sept. 19.
  • Trainer Carl James Deville – Eurobeliever tested positive for the opioid tapentadol and barbiturate butalbital after being pulled up and vanned off in a $12,500 claiming race at Presque Isle Downs on Sept. 6. The 6-year-old gelding is provisionally suspended from racing and has not started since (as of Oct. 18).
  • *Trainer Shane Meyers – Mugsy Malone, a 4-year-old gelding, tested positive for altrenogest after finishing third in an allowance race at Thistledown on Aug. 28. The gelding is provisionally suspended from racing.
  • Trainer Daniel Kenney – possession of banned substances levothyroxine (violation date Aug. 25)
  • Trainer R. McLane Hendricks' provisional suspension has been lifted pursuant to Rule 3247(e) after Princess Javoncia tested positive for benzoylecgonine, a metabolite of cocaine, after winning an allowance race at Penn National on Aug. 16; the 6-year-old mare has not started since (as of Oct. 18) and remains provisionally suspended from racing.
  • Trainer Michael Pappada
    • Thisaintjumpstreet, Willie Wando, and Tudox Rue Majestic incurred violations of Rule 3229(b)–Status During Provisional Suspension or Ineligibility
    • Truckin Tommy tested positive for the opioid tapentadol after finishing sixth in a maiden claiming race at Presque Isle Downs on Aug. 8. The horse was vanned off after the race; he has not started since (as of Oct. 18).
    • Runaway Harry, a gelding, tested positive for altrenogest after winning a starter allowance at Presque Isle Downs on Aug. 28.
  • Trainer Michael Lauer – Mowins tested positive for metformin after finishing third in an allowance race at Horseshoe Indianapolis on Aug. 5. The 4-year-old gelding has since finished eighth in the Bucchero Handicap on Aug. 23, but has not started since (as of Oct. 18); he remains provisionally suspended from racing.
  • Trainer Angel J. Castillo Sanchez – Pylon tested positive for metformin after winning a $5,000 claiming race at Delaware Park on Aug. 3. The 5-year-old gelding finished finished fourth in a starter optional claimer at Delaware on Aug. 12, prior to the positive announcement; he has not started since (as of Oct. 18) and remains provisionally suspended from racing.
  • Trainer Hector Palma – Baladi tested positive for methamphetamine after finishing fourth in a claiming race at Del Mar on July 30. The 4-year-old gelding has not started since that date (as of Oct. 18); he remains provisionally suspended from racing.
  • Trainer Carlos Milian's provisional suspension has been lifted pursuant to Rule 3247(e) after Junglherly Love tested positive for hydrochlorothiazide (a diuretic). Horse had been running at Parx; ruling date of July 29 is reported to coincide with an out-of-competition test, per HIWU representatives.
  • Trainer John Pimental
    • Possession of Levothyroxine (violation date July 28)
    • Golovkin tested positive for methamphetamine after finishing last (sixth) in a claiming race at Monmouth Park on May 29. A claim on the horse was voided from this race.
  • Trainer Randy Preston – Fly Home tested positive for methamphetamine after winning a maiden claiming race at Belterra Park on July 20. The 6-year-old gelding has not started since that date (as of Oct. 11); he remains provisionally suspended from racing.
  • Trainer Bruno Tessore – Tenebris, a gelding, tested positive for altrenogest on July 18 (no races or workouts listed on that date by Equibase). The 5-year-old has raced twice since that date, finishing fourth at Saratoga on Aug. 31, and most recently ran second in a starter allowance at Belmont at the Big A on Sept. 15.
  • Trainer Jim Lewis – Hughie's Holiday tested positive for clenbuterol after winning a claiming race at Ruidoso Downs on July 8. The 5-year-old mare has not started since that date (as of Oct. 18); she remains provisionally suspended from racing.
  • Trainer Ramon Rechy – Night Livin tested positive for methamphetamine after winning a claiming race at Horseshoe Indianapolis on July 7. The 3-year-old filly has not started since that date (as of Oct. 18); she remains provisionally suspended from racing.
  • Trainer Natalia Lynch – possession of Levothyroxine, and a gelding in her care tested positive for altrenogest.
    • Motion to Strike tested positive for altrenogest after the gelding finished fourth in a claiming race at Monmouth Park on June 24. A claim on the 5-year-old was voided; he has since finished third in a claiming race at Monmouth on July 14 (under the name of the claiming trainer, Silvino Ramirez). He was then a winner at Monmouth Park on Sept. 3 and finished second at Delaware Park on Oct. 6 for original owner Zilla Racing Stable and new trainer Robert Falcone, Jr.
  • Trainer David Reid – Maligator tested positive for venlafaxine (an anti-depressant and nerve pain medication) after winning a claiming race at Hawthorne on June 25. The 8-year-old gelding finished second in a claiming race at Hawthorne on July 16, but has not started since (as of Oct. 18).
  • Trainer Mary Pirone – Benny The Jet tested positive for altrenogest after the gelding finished fifth in a claiming race at Emerald Downs on June 24. He was claimed from that race and moved to the barn of trainer Jorge Rosales, and has since run three more times at Emerald, winning twice, and twice at Grants Pass Downs, winning once. Under HISA rules, the claim may be voided.
  • Trainer Reed Saldana – Ice Queen tested positive for the vasodilator diisopropylamine after finishing third in a starter allowance at Santa Anita on June 16. The 5-year-old mare has not started since that date (as of Oct. 18); she remains provisionally suspended from racing.
  • Trainer Donald H. Buckner – In the Midst tested positive for clenbuterol after finishing fifth in an allowance race at Thistledown on June 15. The 4-year-old gelding, though listed as provisionally suspended from racing by HIWU, has raced once at Mountaineer Park in West Virginia since the positive, finishing fifth on Aug. 9 (West Virginia is not subject to HISA regulation due to ongoing legal disputes).
  • Trainer Jonathan Wong – Heaven and Earth tested positive for metformin after winning a maiden race at Horseshoe Indianapolis on June 1. The 3-year-old filly has not started since that date (as of Oct. 11).

Last week's edition of the HIWU Weekly Update is available here, and all public disclosures can be found on the HIWU website.

The post HIWU Weekly Update: Pimental Withdraws Admission Of Guilt, Pro Bono Lawyer Panel In Development appeared first on Horse Racing News | Paulick Report.

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