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Pletcher Gets Stay in Butazolidine Case

Todd Pletcher has been granted a stay of his 14-day suspension by the Schenectady, New York Supreme Court for an alleged butazolidine overage in the case of the horse Capensis (Tapit). The New York Gaming Commission originally suspended Pletcher 14 days and fined him $2,000.

The horse in question was the even-money favorite in the 10th race at Saratoga on July 30, 2022 and finished sixth. He is owned by Eclipse Thoroughbred Partners, Robert LaPenta, Gainesway Stable, Winchell Thoroughbreds LLC and Stonestreet Stables LLC.

The ruling, which was posted to the Gaming Commission's website, stated that phenylbutazone was present at a concentration in excess of 0.3 micrograms per milliliter in violation of 9 NYCRR 4043.3 (a) (26).

However, said Pletcher's attorney Andrew Mollica, there was no laboratory evidence presented that the horse had tested positive.

“The legal issue is predicated on the fact that there is no lab result in the evidence,” said Mollica. “The lab report reporting an overage was never put in evidence. Mr. Pletcher's position is that without the ability to examine the scientific evidence, the letter of Dr. (George) Maylin's is of no probative value.”

The parties are due back in court May 31, but a temporary restraining order has enjoined the Gaming Commission from invoking the penalty.

“The court found that Mr. Pletcher met all the requirements for likelihood to succeed on the merits–irreparable harm, and the balancing of the equities,” said Mollica.

Mollica said that a full review of the evidence presented will show the Gaming Commission cannot meet its burden that the horse had an overage on that day.

“There was no foundational evidence presented at the hearing that the horse had an overage and we look forward to litigating the case,” said Mollica.

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Capensis, $2-Million Son of Tapit, Scores in Virginia Derby

On paper, Eclipse Thoroughbred Partners, Robert LaPenta and Gainesway Stable's Capensis (Tapit), a $2-million Keeneland September yearling purchase and impressive debut winner at Belmont early this summer, was the most lightly-raced yet still appeared to be among the top contenders in Colonial's GIII New Kent County Virginia Derby Tuesday evening. Backed down to 8-5 favoritism while stepping up to graded company following a sixth in a Saratoga allowance July 30, the flashy grey swept from off the pace late, and despite running greenly in the stretch, took home the lion's share of the $300,000 pot. Breaking evenly from post 10, the Todd Pletcher trainee was content to be settle back early as Vance Scholars (Holy Boss) went to the front with dual British Group 2 winner Royal Patronage (Fr) (Wootton Bassett {GB}), Catnip (Kitten's Joy) and GII Penn Mile victor Wow Whata Summer (Summer Front) all within three lengths of a moderate pace. While Joel Rosario tried to contain the headstrong Royal Patronage through a :23.24 quarter, Irad Ortiz Jr. found a much easier time of it as his mount Capensis lingered in sixth as the pacesetter carved out a :47.62 half. With three furlongs left to run, the leading rank began to constrict as Capensis began to pick up the tempo, picking off rivals heading to the quarter pole. In the meantime, leaders Catnip and Royal Patronage battled for supremacy, and while the former gained a slight advantage straightening for home, the steely grey swept out wide turning for home and loomed large down the center of the track. Despite veering in sharply, and then reacting to a left-handed whip to drift outward in the stretch, Capensis proved he was clearly the best of the rest, crossing the wire 2 1/2 lengths over California Frolic (California Chrome) with Limited Liability (Kitten's Joy) getting up for third.

Fresh off another riding title at the recently concluded Saratoga meeting, Irad Ortiz Jr. came away with five wins on Colonial's Virginia Derby Day card.

Capensis was sent off at what now appears to be an overlay at 5-1 in his debut going 1 1/16-miles at Belmont July 2 and quickly showed his class, rolling home an emphatic five-length winner over next out winners Running Bee (English Channel) and Sosua Summer (Summer Front). Rightly bet down to even-money favoritism in his latest start at the Spa, he faced some obstacles but still managed to finish a close-up sixth.

Pedigree Notes:

With his Virginia Derby victory, Capensis becomes the 155th black-type winner and 97th graded winner for Gainesway's leading sire Tapit. The bottom side of the colt's pedigree is no less impressive with 'TDN Rising Star' Tara's Tango (Unbridled's Song), a three-time graded winner including the GI Santa Margarita S. A half-sister to GISW Visionaire (Grand Slam), GSW & MGISP Scarlet Strike (Smart Strike) and GSW Madison's Luna (Tapit), the winner's dam has a juvenile colt by Curlin and a yearling by Quality Road.

Campaigned by her breeder Stonestreet Stables, Tara's Tango hit paydirt quickly as a broodmare when her first foal, a colt by Medaglia d'Oro, brought $2.15 million at Keeneland September in 2019. The following season, Eaton Sales consigned Capensis, who topped the covid-impacted 2020 renewal of the Keeneland September sale.

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Expensive Tapit Wins Well at Belmont

CAPENSIS (c, 3, Tapit–Tara's Tango, by Unbridled's Song) outran his 5-1 odds with a good-looking debut score at Belmont Saturday. The $2-million KEESEP buy saved ground in mid-pack early. Swung outside to launch his bid on the far turn, the gray kicked home strongly for a decisive graduation. Lifetime Record: 1-1-0-0.

O-Eclipse Thoroughbred Partners; Robert LaPenta, Gainesway, Winchell Thoroughbreds & Stonestreet Stables; B-Stonestreet Thoroughbred Holdings (KY); T-Todd Pletcher.

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