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Weaver Trained Horse Tests Positive for Metformin

According to the Horseracing Integrity and Welfare Unit (HIWU) a horse trained by New York-based conditioner George Weaver has tested positive for the banned substance metformin. Weaver has asked for a test on a split sample and will be allowed to continue to train pending the results of that test.

The horse in question is Anna's Wish (Dailed In) and the alleged violation occurred after she was tested following the March 16 Cicada S. at Aqueduct in which she finished third. Metformin is listed as a banned substance by HIWU, which means Weaver faces a possible suspension of up to two years. The “banned” category is the most serious class of drug offences under Horseracing Integrity and Safety Act (HISA) rules.

Metformin is a drug used to treat diabetes in people. With more than 20 million patients taking it, metformin ranks as the nation's third-most-prescribed human medicine, according to the consumer healthcare website Healthgrades.

Weaver joins Mike Lauer, Jonathan Wong and four other trainers who have had horses test positive for metformin. The metformin positives have been controversial because of the number of people who take it for diabetes, which raises the possibility of environmental contamination.

“This is a clear case of external contamination,” said Weaver's attorney, Drew Mollica. “The facts will show that Mr. Weaver had no hand in this and bears no fault for the alleged violation. We will seek a split sample and once those results are in we believe we will be able to offer clear and convincing evidence that Mr. Weaver bears no fault. At some point, HISA slash HIWU must accept the fact that these universally prescribed medications exist in the environment. The attempt to destroy a man's career predicated on a prevalent substance and in a case where he bears no fault should not only shock the conscience, but it should also shock the entire racing community.”

According to Mollica, Anna's Wish's groom takes metformin.

“The groom who cares for the horse is on the medication,” he said. “This is a clear case of contamination. The consequences that HIWU seeks to impose are career killers with no basis in reality.”

A former assistant to Todd Pletcher, Weaver has been on his own since 2002. According to The Jockey Club's online rulings database, Weaver has had just two prior positives, one for acepromazine and the other for promazine sulfoxide. In both instances, he was not suspended but was fined $300.

For his career, Weaver has had 6,467 starters and has won 983 races. His career earnings are $50,753,128.

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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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Pletcher-Forte Team Granted Temporary Restraining Order On Hopeful DQ

The Schenectady Supreme Court issued a temporary restraining order Thursday that put a halt on the New York Gaming Commission's efforts to disqualify Forte (Violence) from his win in the 2022 GI Hopeful S. at Saratoga and suspend trainer Todd Pletcher.

Acting on behalf of Pletcher and owners Mike Repole and Vinnie Viola, attorney Drew Mollica filed an Article 78 appeal. Article 78 appeals are lawsuits mainly used to challenge an action, or inaction, by agencies of New York State and local governments.

The New York Gaming Commission has alleged that Forte tested positive for meloxicam, a non-steroidal anti-inflammatory drug, widely prescribed to treat osteoarthritis and rheumatoid arthritis, and sold under the brand name Mobic. Forte was disqualified and Pletcher was issued a 10-day suspension and fined $1,000.

The Forte team has used Dr. Steven A. Barker, considered one of the foremost experts in equine drug testing and research, as a witness and Barker has said that 500 picograms or .5 nanograms of meloxicam was detected in Forte's system. Barker said he believes that such a low level of the medication would not impact a horse's performance and that the small amount is indicative of environmental contamination.

A hearing was granted by the Gaming Commission, which voted unanimously to uphold a recommendation from a hearing officer. After that decision, Forte's legal team took the next step and went to court. The case is scheduled to resurface on Jan. 9, at which time the court can issue a permanent injunction.

“We look forward to appellate review of one of the most unfair, egregious hearing processes and commission orders that I have ever seen,” Mollica said. “The facts will show that not only did Mr. Pletcher break no Gaming Commission rule, the rule by which he was charged has no applicability at all and the hearing was constitutionally flawed.”

Mollica also argued that the amount found in the horse's system did not merit a violation. He said that Dr. George Maylin, the director of the New York Equine Drug Testing Programs, agreed with that finding and stated as much when going before the hearing officer.

“The scientific finding alleged by the Gaming Commission did not meet the standard of a violation,” Mollica said. “Dr. George Maylin, the nation's foremost equine pharmacologist, testified as much at the hearing. It should be noted that Dr. Maylin did not testify for the prosecution, in this case the Gaming Commission, but testified for the defense. That speaks volumes. We look forward to an impartial review of this matter. After reviewing the transcript of the hearing all I can say is that this was a travesty of justice.”

Once the positive finding was revealed Repole has been adamant that the disqualification was unwarranted and vowed to fight.

“I spent $20 million last year on horses, I can spend $20 million fighting this case,” he said in May. “I think long-term this is going to be good for racing. This whole process, though sad and pathetic, has been a great learning experience for me.”

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Reeves Responds to Gaming Commission’s Appeals Dismissal

Dean Reeves, the owner of recently disqualified Brick Ambush (Laoban), issued a statement Tuesday, following the Gaming Commission's decision to not allow appeals relating to last Saturday's Great White Way S. at Aqueduct. The statement read:

“After receipt of the letter from the NY Gaming commission and further discussion with our attorney Drew Mollica, our trainer Danny Gargan, Patti and I have decided to not to pursue any further action regarding the disqualification of Brick Ambush in the 9th race at Aqueduct on Dec. 16th, 2023.

We maintain our belief that Brick Ambush caused no interference in the race, however, we recognize that all owners who enter a race must adhere to the rules of racing in the State of New York, However it is our hope that by shining light on this unfortunate disqualification we, in someway, help to improve our industry moving forward for the betterment of all of us who love this sport, not only owners, trainers, and jockeys, but those who wager as well.

Patti and I have enjoyed racing in New York, and we value our relationship with everyone at NYRA.

We would like to thank the racing community for all their support and encouragement as a result of this disqualification.”

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