drew mollica | Horse Racing Free Tips

When his barn at Saratoga was placed under quarantine due to an outbreak of Equine Herpesvirus, trainer Ken McPeek assumed his horses would be allowed to race starting Aug.1, the day the quarantine was due to be lifted. Instead, none of his entries for the Aug. 1, 4 and 5 cards were accepted because, McPeek was told, the horses were still under quarantine at the time entries were taken.

While it is too late to get his horses entered into the upcoming cards in question, McPeek, through his attorney Drew Mollica, has appealed and demanded a hearing over the matter, which Mollica charges, has caused his client “irreparable harm caused by the arbitrary and capricious denial of the ability to enter eligible horses trained by McPeek in races at Saratoga Racecourse …”

“Understanding that it is too late for these horses to run in these races, there are two very good reasons for doing what we are doing,” Mollica said. “First, McPeek feels aggrieved by the lack of respect shown for him and his owners and for fellow horsemen confronted with this situation. His position is that this just can't be. Secondly, we seek equitable relief, whatever that may be. We are seeking some relief. McPeek and his owners followed every protocol, did everything they were asked. They were committed to racing, trained for these races and had no opportunity to run. At some point, McPeek would like someone to be held accountable.”

Mollica listed seven horses McPeek had intended to run over the three days in question. He has not started a horse in Saratoga since July 15, the opening day of the meet.

Mollica said that McPeek and his owners were put on public notice by the commission that the horses affected by the quarantine would be released from quarantine and permitted to race starting Sunday, Aug. 1. Instead, the entries were denied. That led to Mollica reaching out to the stewards on July 30, some 3 ½ hours before the Aug. 3 card was drawn, in hopes that a hearing could be held and the McPeek horses could begin running as soon Aug. 4. He said he sent emails and placed phone calls to Gaming Commission steward Braulio Baeza Jr. and to the commission itself, none of which were returned.

“All New York horsemen need to know what the rules are,” Mollica said. “As I wrote in my letter, when the Gaming Commission created this protocol they were well aware that entries for August 1 and beyond took place prior to August 1. It's understood that if you are going to enter the population August 1, entries for August and beyond took place prior to August 1. To come up with an explanation that McPeek's horses were ineligible to run is completely illogical.”

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Jockey Carlos Montalvo is awaiting word from stewards at Monmouth Park in Oceanport, N.J., on whether he will be sanctioned for using his riding crop in a July 11 race en route to a three-length victory aboard M I Six in a maiden claiming event.

The New Jersey Racing Commission adopted strict rules that went into effect this year stating that the riding crop “shall only be used when necessary to control the horse to avoid injury to the horse or rider.” The crop is not allowed for encouragement.

Montalvo used the crop at least three times with his right hand on July 11, according to the Equibase chart footnotes, which read: “M I Six dueled two wide for the lead, drifted out entering the turn, had the rider go to a right-handed whip three times, then dueled with Military Drill in upper stretch, put a head in front and drew clear in the final sixteenth, ridden out.”

Montalvo told the Paulick Report he sensed M I Six was preparing to bolt to the outside fence, something he was told to expect by the gelding's exercise rider. Montalvo said he used the crop as a preventive device to protect himself, his fellow riders and the other horses in the race.

The jockey said he was called in to a July 16 hearing before having the benefit of a film review of the race with stewards. He was represented at the hearing by attorney Drew Mollica, who said Montalvo “should be congratulated for his actions, not sanctioned.” Montalvo faces a five-day suspension, $500 fine and M I Six could be disqualified from purse money.

This is the first known case in New Jersey where stewards have to determine whether the use of the riding crop was a legitimate safety issue.

Mollica said M I Six, a 4-year-old Mission Impazible gelding owned and trained by Riquelvis Grullon, was fractious throughout the saddling process and in the walking ring before the July 11 race. The aforementioned exercise rider testified at the hearing, Mollica added.

M I Six was subsequently entered in a July 21 race at Parx Racing in Pennsylvania but was a vet scratch.

The racing commission's presiding steward, Steven Pagano, declined to answer questions about the new regulation, referring all media inquiries to the office of the New Jersey attorney general. A spokesman from that office stated that “the new rule does not specify what kind of safety concerns would result in approved use of the riding crop by a jockey. The NJRC's presiding steward has been conducting meetings with the jockeys and exercise riders to explain the new riding crop rule and answer questions.”

Meanwhile, no hearing date has been set for Flavien Prat, the rider of Hot Rod Charlie, who was disqualified from a victory in the Grade 1, $1-million tvg.com Haskell Stakes on July 17. Hot Rod Charlie drifted in after moving to the lead in mid-stretch, causing Midnight Bourbon to clip heels and unseating jockey Paco Lopez. Mandaloun, beaten a nose by Hot Rod Charlie, was declared the winner.

Prat has been quoted as saying he felt as though he could have prevented Hot Rod Charlie from drifting in if he was permitted to use the riding crop.

The post Awaiting Monmouth Park Stewards’ Decision, Jockey Montalvo Claims Crop Use Was For Safety Purposes appeared first on Horse Racing News | Paulick Report.

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