The TDN and other news outlets received an email from New York Gaming Commission Director of Communications Brad Maione that included six screen shots from the race taken at the point where there was contact and horses were steadied. One of the shots included arrows pointing to four jockeys, Ruben Silvera, Manny Franco, Junior Alvarado and Jose Lezcano. Alvarado was aboard Brick Ambush, who, though disqualified after crossing the wire second and placed last, appeared to be free of the trouble while racing outside and clear of the horses who were bothered. The arrow pointing to what was supposed to be Alvarado's mount was instead The Big Torpedo (Big Brown), who was ridden by Javier Castellano.

When the TDN notified Maione that there was an error concerning the identification of the horses and their riders, he sent a new version of the original statement that fixed the mistake. However, with Alvarado now properly identified, the pictures offered no evidence that he was at fault.

The second version of the statement included the following explanation: “Please note the first screenshot in the previous version incorrectly identified the riders on specific horses. Please disregard those reference screenshots. Corrected versions are attached and included below. The narrative remains unchanged.”

Misidentified image of the Great White Way S. sent to the media | NYSGC

The disqualification set off a controversy that has yet to die down and the consensus in the sport is that, for whatever reason, the stewards simply DQ'd the wrong horse by mistake. Many believe that the horse that caused the bumping and deserved to come down was actually the race winner, Antonio of Venice (Laoban).

The statement made the case that the stewards carefully reviewed the race after the decision was made to disqualify Brick Ambush and that they stood by their decision. The stewards officiating the race were Braulio Baeza, Jr. (N.Y.S. Gaming Commission), Juan Dominguez (The New York Racing Association, Inc.) and Samantha Randazzo (The Jockey Club).

“The three Stewards' attention was focused on the field as it arrived near the quarter-pole, where several horses converged and were in close contact,” the statement read. “As evident in the below/attached screenshots, horse Brick Ambush (#12), ridden by Junior Alvarado, came up on three horses that were crowded together–Antonio of Venice (#1) ridden by Manuel Franco, The Big Torpedo (#7) ridden by Javier Castellano, and Solo's Fury (#11), ridden by Jose Lezcano–and made disruptive contact. The Stewards were concerned that Castellano's contact with the other horses and their riders could have impacted the results of the race.”

According to the statement, the stewards examined six separate camera views of the area of concern and conducted telephone interviews with Franco, Castellano, Lezcano and Alvarado. Castellano told reporters after the race that he attempted to claim foul, but the stewards have said they were unaware that he wanted to file an objection.

“After review of the footage and interviews with the jockeys, the Stewards unanimously concluded that Alvarado's movement of Brick Ambush to the inside at quarter-pole pole caused a chain reaction that impacted the race. Accordingly, the Stewards disqualified Brick Ambush for interference,” the statement continued.

Alvarado was hit with a three-day suspension for careless riding.

“The following morning, all four jockeys were required to participate in a film review of the race and discussed the event with all three Stewards,” the statement continued. “At the conclusion of the review, State Steward Baeza issued a 3-day careless riding suspension to Mr. Alvarado, to be effective January 1 through January 5, 2024. Mr. Alvarado accepted the penalty and declined to appeal.”

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According to a stewards' ruling posted Aug. 8 on the New York State Gaming Commission (NYSGC) website, jockey John Davila, Jr., who has been riding at Finger Lakes since 1983, has been fined $500 “for riding in manner contrary to the best interest of racing” in the first race there Aug. 2.

“Any further similar conduct will result in an increased penalty,” the Finger Lakes stewards wrote in Davila's ruling.

A separate stewards' ruling, also dated Aug. 8, gave a three-day suspension to jockey Keiber Coa, a 12-year veteran, for “careless riding” in the fourth race July 31 at Finger Lakes.

Having waived his right to appeal, Coa will serve his days Aug. 15, 16, and 21.

TDN wanted to find out if Davila has appealed, and learn details about what, specifically, led to his “contrary to the best interest of racing” violation.

Brad Maione, the NYSGC's communications director, responded to a Wednesday email query about the rulings by writing back, “This is all that is publicly available.”

TDN then asked if the NYSGC could provide a stewards' report for the race dates in question, but did not receive a reply prior to deadline for this story. The website for Finger Lakes has a “Stewards' Corner” page, but the reports there have not been updated for one year, since Aug. 10, 2022.

Coa's “careless riding” violation July 31 occurred in a $10,000 claiming sprint over 5 1/2 furlongs in which he attained the lead from the rail under the 11-1 Forward Motion (Mission Impazible). Davila, riding the 9-5 favorite N Y Anthem (War Dancer), pressed the pacemaker from the outside until the top of the stretch.

At the quarter pole Coa came off the rail and edged out while appearing clear in front of Davila's mount, who was already losing touch with the leader. Coa then dropped Forward Motion back to the inside and in front of another rival, Breaking Stones (Congrats), who had to take up while Forward Motion widened to a 2 3/4-length win. The jockey on Breaking Stones claimed foul after finishing third. Davila's mount dead-heated for fourth. There was also a stewards' inquiry, but the results stood.

Davila incurred his “contrary to best interest” infraction two days later in a $28,500 NW2 allowance over 1 mile 70 yards. Riding the 8-1 Juggler (Lord Nelson) from post five, he sent his mount from the gate to contend with the 9-10 favorite Mo Trump (Mo Town), who was piloted by Coa from post six.

The Equibase chart noted that Mo Trump was “forced six wide into the first turn by Juggler,” with announcer Tony Calo commenting in his call that the favorite was “stuck out there in no-man's land.”

Equibase further noted that Davila's mount “appeared to be getting out some” on the backstretch while Coa's favorite got “carried seven wide by the latter at the half mile pole.” Mo Trump finished fifth, while Juggler ran sixth and last. There was no posted stewards' inquiry.

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“In this case, the matter likely would have been adjudicated months ago but for the repeated procedural delays sought by the trainer's counsel,” Maione wrote.

According to a report in Tuesday night's New York Times, the horse in question was Forte (Violence) after his win in the Hopeful S. He would go on to be the two-year-old champion and the Kentucky Derby favorite before being scratched the morning of the race with a bruised hoof.

Questions have been as to why Forte's positive test–both the initial sample and the residual or `B' sample–was not made public sooner.

“Today's meeting (which the Stewards refer to as a “Stewards' Hearing”) was simply an opportunity for the licensee to tell the Stewards the licensee's side of the story–a standard step in an investigative process. The three Stewards will consider the evidence and information involved in the matter, and then the State Steward will determine whether to issue a ruling for a violation. If and when a ruling is issued, it will be published online at https://rulings.gaming.ny.gov/,” he continued.

Maione said that in New York, as in most jurisdictions, the stewards identify horses to have both blood and urine samples drawn. Once samples are taken, they are shipped to the New York Equine Drug Testing & Research Laboratory in Ithaca for analysis, which usually takes approximately three weeks. If the laboratory detects and confirms the presence of a prohibited substance, the laboratory promptly informs the Commission, which promptly informs the State Steward at the racetrack where the horse's sample originated.

That “blind” positive is then matched, and an investigation into the matter is launched. The trainer is then given the option to have the residual sample tested at an approved laboratory at his own expense. If the B sample is also positive, the stewards may assess a fine or other penalty, and the trainer may challenge that penalty at an administrative hearing.

According to a press release from the Horse Racing Integrity & Welfare Unit Tuesday, once the AMDC goes into effect May 22, that is the point at which the information will be made publicly known in the future.

Said Maione, “In this case, two factors impacted the timeline:

1. The trainer exercised the opportunity to have a residual sample tested, which necessitated the trainer locating a separate RMTC-approved laboratory equipped to conduct the requisite test. In this case, several labs were contacted before finding a capable laboratory.

2. After the Commission and trainer received confirmation that the residual sample was also positive, the trainer's counsel has sought repeated postponement of the Stewards' Hearing, which impeded the Stewards from making a determination earlier.”

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“There is no new rule,” wrote Brad Maoine, Director of Communications for the New York State Gaming Commission in response to TDN's request for information about the new posting on the overnight. “The intent of the message is (to) ensure that the betting public has access to accurate information regarding equipment changes in a timely fashion.”

But a reading of the NYSGC's rule 4033.8 reveals no mention of a horse's equipment, and reads only, “Only equipment specifically approved by the stewards shall be worn or carried by a jockey or a horse in a race.” There is no mention of equipment changes for horses after the publishing of the overnight in the ruling as stated on the Gaming Commission's website.

Trainers, horsemen's representatives and the NYRA expressed confusion over what the impetus for the rule was, and concern over the repercussions.

Right now, NYRA races are drawn either five, three or two days in advance of the race, with any late changes announced on the t.v. and general address system at the track, and off.

“NYRA has mechanisms in place to inform the betting public in the event of a late equipment change,” said NYRA spokesman Patrick McKenna. “This new rule does nothing to further protect horseplayers and will likely penalize owners for administrative errors that can easily be corrected in real time.”

“I think there are several issues with it,” said trainer Todd Pletcher. “My first concern would be over an occasional shoe situation. We've had scenarios where a horse sheds a frog and we train the horse in an aluminum pad, and we try to keep it on to complete their training, which is usually right up to the day of the race. If you want to make that shoe change you sometimes literally don't know until game day. Entries in most jurisdictions are becoming further and further out, so that's one concern.”

Secondly, he said, “everyone makes mistakes occasionally, and maybe you made an honest mistake and didn't enter with blinkers, and caught it after the overnight came out, or maybe the racing office made a mistake and didn't note blinkers on. It seems as if there should be a 24-hour grace period.”

Trainer David Donk conceded that in a perfect world, trainers would and should indicate changes of equipment at entry time, but that the current system of taking entries by phone, rather than by computer with mandatory fields filled out, made it more likely for errors to be made.

“Why can't I enter online?” said Donk. “Listen, it is the trainer's responsibility. I probably don't have a real problem with it, but is it the commission overstepping? I don't see where it's coming from, and why there can't be a grace period? Common sense says there should be some compromise.”

Donk said that he imagined that the equipment changes hinted at would be blinker changes or the addition of a bar shoe. Attorney Drew Mollica—who has represented numerous clients in conflicts with the Gaming Commission, including two currently–said that he envisioned that the rule would not only make it more likely to cause unnecessary scratches, but could be subject to legal challenges.

“No shoe changes after entry puts the horse in jeopardy and hurts the track,” said Mollica. “Say a horse pops a small quarter crack and needs a bar shoe. If that is announced, does that not protect the owner, the public, the horse and the track? But under this rule, he must scratch. Why?”

“And how about blinkers?” he continued. “Say a horse breezes on the day after entry and the trainer thinks blinkers would help, but now has to scratch or run without equipment that could benefit his performance because the new rule says he must scratch or not wear them? Who does this help? In a game that has enough natural landmines, do we have to plant more?”

Will Alempijevic, the executive director of the New York Thoroughbred Horsemen's Association, replied in an email, “NYTHA is currently engaged in discussions with both the NYSGC and NYRA to understand the issues that precipitated the change.  We will continue to play an active role to see if we can collectively come up with proposed solutions to everyone's mutual benefit.”

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The matter involves Jeff Drown, the owner of Remsen second-place finisher Zandon (Upstart), who said that the actions of victor Mo Donegal (Uncle Mo) and that colt's jockey, Irad Ortiz, Jr., cost him the win, which was decided by only a nose. In the immediate aftermath of the race, the stewards conducted an inquiry and listened to a foul claim lodged by jockey John Velazquez, but let the order of finish stand without any disqualification.

On Dec. 9, Drown, through his lawyer, Drew Mollica, lodged a protest with the NYSGC over the non-DQ, arguing that the very tight margin of victory was part of what merited a second look by the commission.

The Blood-Horse first reported Dec. 20 that there is no mechanism in this instance for the NYSGC to overturn the stewards' decision. That story quoted NYSGC communications director Brad Maione, who said, “The Remsen was declared official by the stewards. There is no process for appeal once the race is declared final by the stewards.”

That decision was news to Mollica, who spoke to TDN on Monday both before and after checking with his client to confirm that the NYSGC had never alerted either of them that their formal protest would not move forward.

“Neither my client nor I have been officially informed of any action or inaction by the gaming commission,” Mollica said. “As such, we have no comment. But we are surprised there are press stories about this without the gaming commission contacting us. When we are officially informed that that's their position, we'll weigh our options.”

When TDN attempted to get a clarification from Maione via email Monday afternoon, Maione did not directly answer a question asking if the NYSGC had made any attempt to communicate with Drown. Instead, Maione's reply contained only a link to the original stewards' decision from Dec. 4, plus a copy of commission rule 4025.1.

That rule states, “Every person subscribing to a sweepstake or entering a horse in a race to be run under this Article accepts the decision of the stewards or the decision of the commission, as the case may be, on any question relating to a race or to racing.”

As the two colts crested the eighth pole in lockstep for the final furlong of the Remsen, Mo Donegal tightened the gap between them under right-handed stick work from Ortiz, then the two colts bumped and brushed approaching the wire.

The Equibase chart described how Ortiz threw “repeated exaggerated crosses with the left-hand rein near the face of the runner-up” in an “attempt to intimidate” Zandon.

Velazquez said post-race that Mo Donegal, “laid on top of me right before the wire and just beat me by very little.”

The day after the Remsen, Ortiz was suspended 30 days by the Aqueduct stewards for careless riding, primarily for his role in unseating another jockey in a Dec. 3 race. But state steward Braulio Baeza, Jr. told Daily Racing Form Dec. 5 that part of that penalty also had to do with Ortiz's stretch ride in the Remsen.

In addition, there were two substitute stewards on the job at Aqueduct on the day of the Remsen, when state steward Baeza and Jockey Club steward Jennifer Durenberger were both not officiating the races.

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This week, a the NYSGC's communications director Brad Maione told bloodhorse.com that the commission will not take action on the protest, since there is no way to overturn the stewards' decision.

“The Remsen was declared official by the stewards. There is no process for appeal once the race is declared final by the stewards,” Maione said.

According to the Equibase chart notes of the race, second-place finisher Zandon “rallied to the lead in upper stretch, lost the advantage to the winner [Mo Donegal] before the eighth pole, dug in gamely on the inside in the final furlong, had the winner's rider [Irad Ortiz, Jr.] attempt to intimidate him late then bumped approaching the wire and just missed in a determined effort.”

Jockey Irad Ortiz, Jr. was subsequently suspended 30 days for an incident that occurred on Friday, Dec. 3 at Aqueduct.

Read more at bloodhorse.com.

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