Tag: DQ

CHRB Denies Stay of Justify Decision, Will Entertain Appeal

In the latest detour in the exhaustive legal saga stemming from Justify's 2018 GI Santa Anita Derby win, the connections of the horse during his racing career filed a notice last week with the California Horse Racing Board (CHRB) requesting that the agency entertain an appeal of a recent board of stewards decision disqualifying the horse from the race and to stay the purse distribution.

In response, the CHRB have denied a stay of the stewards' decision but stated that it will “assign a Hearing Officer in this matter where the issue of timeliness of the appeal and appeal itself will be heard and a proposed decision submitted to the Board for consideration,” according to an order issued by the CHRB Tuesday.

The plaintiffs in the appeal are owners China Horse Club International Limited, Head of Plains Partners, Starlight Racing, WinStar Farm, jockey Mike Smith and trainer Bob Baffert.

After the New York Times first reported that Justify had tested positive post-race for scopolamine, Mick Ruis, owner-trainer of the runner-up that day, Bolt d'Oro, sought to have the result of the race overturned with Bolt d'Oro declared the winner.

Ruis alleged that the CHRB failed to follow its own rules when it decided not to pursue penalties after Justify's positive test. The CHRB argued that Justify should not be disqualified because the positive test was the result of contamination linked to jimson weed.

At the end of last year, a Los Angeles County Superior Court judge ordered the CHRB to set aside the stewards' 2020 decision and issue a new ruling disqualifying winner Justify from the Santa Anita Derby.

Early in March, the CHRB reached a separate settlement that called for the agency to pay Ruis $300,000, and to order a redistribution of the $1-million purse.

In last week's notice, Amanda Groves, who represents Justify's connections, argued that grounds for an appeal included how the plaintiffs were not a party to the lawsuit between Ruis and the CHRB, leading to “Procedural irregularities and denial of due process and/or a fair and impartial hearing.”

Groves also reiterated the CHRB's original claim, writing that “it is undisputed that the positive scopolamine test was a result of environmental contamination due to inadvertent exposure to jimsonweed in hay/straw.”

BloodHorse reported that Ruis's attorneys had filed a response arguing that none of the grounds raised in the appeal are relevant.

When asked about the contents of the letter, Darrell Vienna, who represents Ruis, told the TDN that the CHRB issued the disqualification order “because they were ordered to do so by the court.”

The court did not demand that the CHRB hold another hearing on the matter, Vienna added. “It just issued an order to disqualify the horse, Justify, and to redistribute the purse,” he said.

“If the Justify parties have issue with that, that issue should be addressed at the Superior Court, in my opinion,” said Vienna. “If the court orders a subordinate agency to do something, they must do it.”

According to last week's notice of appeal, Justify's first-place finish in the Santa Anita Derby accrued the owners a combined $585,000, while Smith and Baffert each received $58,450.

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Gaming Commission Will Not Allow Appeals in Great White Way Stakes

Whether or not the stewards made the right or wrong calls when disqualifying Brick Ambush (Laoban) and not disqualifying Antonio of Venice (Laoban) in the $500,000 Great White Way Division of the New York Stallion Series run Saturday at Aqueduct is something the New York Gaming Commission is not going to lose any sleep over.

Two owners reached out to the Gaming Commission to file an appeal of the stewards' rulings on the race. The first came from Dean Reeves, whose Brick Ambush (Laoban) was disqualified from second and placed last. The disqualification cost the owner $100,000 in purse money. Thomas Albrecht, the managing partner of the group that owns The Big Torpedo (Big Brown) also sought an appeal, asking that the race winner Antonio of Venice (Laoban) be disqualified for interference. The Big Torpedo crossed the wire fourth, but was placed third because of the disqualification of Brick Ambush. That raised the possibility that if Antonio of Venice was not disqualified and Brick Ambush was restored as the official second-place finisher then Big Torpedo would be dropped back to fourth, which would have cost his owners $30,000.

On Tuesday, the Gaming Commission reached out to both owners and essentially ended any hopes they may have had that the order of finish of the race would be changed after their appeals were heard and the stewards were forced to explain a decision for which there doesn't appear to be an explanation. The reason why? According to the Gaming Commission, the decisions of the stewards are final and not subject to appeal.

Here was the Gaming Commission's response to the two owners:

“On December 17, 2023, the New York State Gaming Commission received correspondence from the connections of two horses that participated in the 9th race at Aqueduct Race Course on December 16, 2023. Specifically, the connections and/or their representatives sought to appeal the stewards' disqualification of the horse Brick Ambush and the stewards' declination to find interference by the horse Antonio of Venice. The correspondence collectively states disagreement with the decision of the stewards.”

“The Commission responded to the connections today (attached), advising them that the decisions to disqualify Brick Ambush and to not find interference by Antonio of Venice were judgment calls “based on questions of fact, which the stewards are empowered to make pursuant to Commission Rule 4039.20 (9 NYCRR §4039.20), and the decision(s) (are) therefore not appealable to the Commission, pursuant to Rule 4039.5. New York Courts have long held that stewards' placement decisions are questions of fact that cannot be appealed. See, e.g., In the Matter of the Seventh Race of June 12, 1996 at Belmont Park [May I Inquire] (NYSRWB 1996), confirmed, Matter of Moshera v. Bilinski, 244 A.D.2d 555 (2d Dep't 1995); see also Discenza v. N.Y. Racing Ass'n, 134 Misc. 2d 3, 7-8 (N.Y. Civ. Ct. 1986); Shapiro v. Queens County Jockey Club, 184 Misc. 295, 300 (N.Y. Mun. Ct. 1945). For these reasons, the stewards' decision is final and the New York State Gaming Commission cannot consider your appeal.”

Attorney Drew Mollica, who represents Reeves, ripped into the Gaming Commission over its decision.

“I'm going to do the research of the law but for this commission to stand by that technicality speaks volumes about the level of insensitivity and incompetence that permeates this industry,” he said. “We could still go to court. I'm not so sure the rules actually say that but let me do some research. To stand behind this kind of technicality bypasses the bigger issue. They are saying we can do what we want when we want, and that is farcical and they should be embarrassed.”

The controversy resulted from a pile-up at the quarter-pole, where three horses were involved in a bumping incident that caused each one to steady to varying degrees. Antonio of Venice, who was on the rail, came out and appeared to start a chain reaction that caused The Big Torpedo and Solo's Fury (Solomini) to take up. Solo's Fury was essentially eased after the incident and finished last.

While this was going on, Brick Ambush sat outside the other three horses, never bumped anyone, stayed in the same path and appeared to have nothing to do with the incident. The inquiry was posted shortly after the horses crossed the wire and, briefly, the No. 1, who was Antonio of Venice, was blinking on the toteboard. But after a lengthy review of the race, the stewards did not take down Antonio of Venice, ruling instead that it was Brick Ambush who caused the problems and placing him last. In addition, they gave Brick Ambush's rider Junior Alvarado a three-day suspension for careless riding.

“I felt like I was robbed, like I was mugged,” Reeves said.

On the Stewards' Decisions page on the NYRA website, here is how the stewards described the race and their reasoning for taking down Brick Ambush:  Steward's inquiry. At the 1/4 pole #12 Brick Ambush (Junior Alvarado) came in, causing a chain reaction. The #11 Solo's Fury (Jose Lezcano) pushes down into the #7 The Big Torpedo (Javier Castellano). After reviewing the video and speaking with the riders, the stewards disqualified the #12 Brick Ambush for interference and place him behind the #11 Solo's Fury.”

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‘Cold’ Gets Hot: $75 Longshot Put Up Via DQ To Win Maryland Million

The longest shot on the board got elevated to victory via disqualification of the 5-1 rival who beat him by a neck in the featured $150,000 Classic S. on the 38th annual Jim McKay Maryland Million program Saturday at Laurel Park.

Ain't Da Beer Cold (Freedom Child), dismissed by the betting public at 36-1, led the field until the quarter pole under Jevian Toledo when Market Maven (Super Ninety Nine) seemingly put him away. But Ain't Da Beer Cold refused to quit, digging in and reclaiming the lead a half-furlong later.

Just after the dueling duo crested the eighth pole, Market Maven slanted inward after Carlos Lopez delivered two stern right-handed cracks of the whip. Then that gelding dropped farther toward the inside, bumping the rail-running Ain't Da Beer Cold once. The two continued in lockstep, bobbing noses as the line loomed, with the stubborn Ain't Da Beer Cold refusing to relinquish a slim advantage until the all-out Market Maven wore him down in the final six jumps to the wire.

The stewards never lit the inquiry sign but Toledo claimed foul, leading to the reversal of the finish positions and a jubilant trip to the winner's circle for the breeders/owners Matt Spencer and Kelly Jo Cox, plus co-owner Bonuccelli Racing and trainer Kenny Cox.

Ain't Da Beer Cold was a difficult horse to figure on paper. The 5-year-old had been beaten an aggregate 99 1/4 lengths in his last five starts. He had finished eighth in two previous editions of the Maryland Million Classic and hadn't won a race since the summer of 2022 at the Timonium fair.

“We just went in there hoping he would show up,” Cox said. “He's had terrible form. We've had a bunch of excuses, and I don't like making excuses.”

But after conferring with the owners, Cox decided to give Ain't Da Beer Cold one more shot in the Classic prior to a winter turnout.

“This is better than the [GI] Preakness [S.],” Spencer said post-win. “It's a dream come true. This horse is all heart. Toledo says he's going to the lead and let's see what happens. Let's see how far he can go. Thankfully we got put up. I didn't think it was going to happen. The racing gods were good to us today.”

The victory was Toledo's fourth on the Oct. 14 Maryland Million card and his third in that afternoon's eight stakes.

Timed in 1:52.39 over a dirt track that had been downgraded to “good” by rain after first being rated as “wet fast” and then “fast,” it was the slowest Maryland Million Classic since that stakes began being carded at 1 1/8 miles in 2009.

Yet the rain showers weren't enough to water down the turf course condition from “firm,” nor did the moisture dampen the chances of front-runners, who swept the two grass route stakes.

The $125,000 Turf over nine furlongs produced a deja-vu result. Last year Wicked Prankster (Mosler) cleared the field, looked certain to be swallowed up late, then resurged to win this same stakes by three-quarters of a length. Wicked Prankster had been 0-for-5 since, but the betting public backed him to second choice in the wagering (2.8-1) to repeat.

Jockey Yomar Ortiz, riding the 5-year-old for the first time for owner/trainer Sam Davis, sent his gelding to the lead and made sure he stayed on under pressure, again winning by three-quarters of a length, stopping the timer in 1:48.28.

“Sam told me to break good and get to the front, take it easy and relax,” said Ortiz. “I had a lot of horse left at the quarter pole. Turning for home, I knew I had it.”

Country Life Farm & Broken Trust Fund bred Wicked Prankster.

It was the same running style and same three-quarters winning margin in the $125,000 Ladies S. at nine furlongs on the lawn. Precious Avary (Divining Rod) shot straight to the front and never looked back in 1:49.53, extending her lifetime mark on the turf to 3-for-3 for owner/breeder Smith Farm & Stable, trainer Tim Shaw, and jockey Silvestre Gonzalez.

Off at 3.3-1 odds, the 3-year-old filly is a New Jersey-bred with a Maryland sire, so that gives her dual access to Maryland Million conditions and New Jersey-bred opportunities. Over the summer, Precious Avary won two restricted allowances and a “J-bred” stakes at Monmouth Park.

“I knew if she ran similar on the lead at Monmouth she would be tough today,” Gonzalez said. “She broke sharp with her ears perked and was happy. I was thinking she'd sit second as there might be speed from the outside, but she went on. Around the turn I asked her for run and she went about her business.”

The two juvenile stakes, both carded at six furlongs, produced clockings only one-hundredth of a second apart, with the fillies (track “fast”) fractionally edging the boys (track “good”).

The $100,000 Lassie S. for 2-year-old-fillies stood out from a “bombs away” perspective, with Miss Harriett (Blofeld), the lone first-time-starter in a field of 13, igniting the tote board at 62-1.

Piloted by Jean Briceno, Miss Harriett forced the pacemaker from post 12, took over at the quarter pole, braced for the challenge of the dead-aim favorite, lost the lead at the sixteenth pole, then determinedly clawed it back in the shadow of the wire to score by a neck in 1:12.23.

The win represented the third straight Maryland Million juvenile stakes score for Blofeld, whose progeny swept both 2-year-old events in 2022. Miss Harriett was bred by David Baxter, is owned by Narrow Leaf Farm, and is trained by Brandon McFarlane.

The companion $100,000 Nursery S. for 2-year-old males featured a polished performance by Catahoula Moon (Golden Lad) that belied his relative inexperience and 4-1 odds.

Locked and blocked but full of run behind a wall of five horses at the head of the stretch, Xavier Perez deftly guided Catahoula Moon's distinctively jagged-blazed head off of heels of the frontrunners, then knifed the colt through an opening to pulse on past, leaving the field (and Perez's dropped crop) 4 3/4 lengths behind in 1:12.24.

Bred by Angela Coombs, Catahoula Moon is owned by Super C Racing and trained by John Robb.

In the $100,000 Distaff S. at seven furlongs, even-money Intrepid Daydream (Jess's Dream) seized the lead at the top of the stretch and sprinted clear to run her lifetime record to 6-3-1 from 12 starts. The three-length triumph in 1:24.62 was her third straight win for breeder/owner Paul Fowler Jr. and trainer Gary Capuano. Toledo rode.

The 4-year-old filly might have had a more difficult time drawing into the race than she did winning it, requiring scratches to get in.

“I didn't know we were going to be in. I was rushing around trying to get here and see the race,” Fowler said. “She ran like we expected. She usually shows speed and today she took back a little bit, relaxed and went on with it. It's pretty amazing, because it's a long road.”

In the $100,000 Sprint S. at six furlongs, Seven's Eleven (Bandbox) pressured the pacemaker, then brushed and bumped with that rival in upper stretch before strong-arming him into submission and widening a winning margin to five lengths in 1:10.49.

The 3-year-old gelding is a homebred for Cottonwood Stable. Carlos Mancilla trains, and Angel Cruz rode. The gray was coming off an 8 1/2-length allowance romp over seven furlongs and had little trouble shortening to three-quarters of a mile at 4.9-1 odds.

In the $100,000 Turf Sprint S. over 5 1/2 furlongs, Witty (Great Notion), a 4-year-old half-brother to last year's GI Breeders' Cup Turf Sprint victress Caravel (Mizzen Mast), pounced from last at the quarter pole and barreled up a wide-open rail, blasting past four contenders at the sixteenth marker to run his record to 6-7-0 record from 18 starts. The winning time was 1:02.64.

Bred, owned, and trained by Elizabeth Merryman, Toledo was aboard for the 1 ¼-length score at 7-10 odds.

Witty's victory represented the continuance of an impressive 14-year streak set by Great Notion, the state's leading stallion by progeny earnings every year since 2018 (and the runaway leader so far this season). His offspring have now won at least one Maryland Million Day stakes in every running of the event since 2010.

Witty's older sister, Caravel, will try to complete a sibling stakes double at Keeneland on Sunday. She's the 9-5 morning line favorite in the GII Franklin S.

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Bejarano’s Trip To Spa Results In Three-Day Suspension

Rafael Bejarano's trip from Kentucky to New York to ride just one mount Saturday in the GI Alabama S. resulted in disqualification from fifth to sixth and a subsequent three-day suspension issued Sunday by the Saratoga Race Course stewards for “careless riding.”

The incident involved Bejarano and the 4-1 Taxed (Collected) swerving inward and cutting off the 5-1 Gambling Girl (Dialed In) and Irad Ortiz, Jr. about 70 yards into the 10-furlong stakes.

The Equibase chart stated Bejarano's filly “stumbled at the start recovering inwards a step, raced to the outside of Gambling Girl, and tucked directly in front impeding that rival.”

Gambling Girl “bobbled heavily” and “lost two to three lengths of ground,” the chart stated.

Ortiz objected after finishing sixth and the stewards lit the inquiry sign before making the DQ official.

Bejarano opted not to appeal his days, and will serve them Aug. 26, 27 and 30.

Riding primarily at Ellis Park this summer, the 41-year-old Bejarano is currently tied for second in the standings there in wins. He ranks third in purse earnings.

 

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