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Weekly Stewards & Commissions Rulings: Feb. 1-7

Weekly Stewards and Commissions Rulings, Feb. 1 – Feb. 7

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

California

Track: Santa Anita
Date: 02/06/2022
Licensee: Edwin Maldonado, jockey
Penalty: $750
Violation: Excessive use of the whip
Explainer: Jockey Edwin Maldonado is fined $750.00 for violation of California Horse
Racing Board rule #1688(b)(8) (Use of Riding Crop–more than six times–second offense within the past 60 days) during the fourth race at Santa Anita Park on Feb. 5, 2022.

Track: Santa Anita
Date: 02/06/2022
Licensee: Tyler Baze, jockey
Penalty: $1,000
Violation: Excessive use of the whip
Explainer: Jockey Tyler Baze is fined $1,000.00 for violation of California Horse Racing Board rule #1688(b)(8) (Use of Riding Crop–more than six times–third offense within the past 60 days) during the seventh race at Santa Anita Park on Feb. 5, 2022.

Track: Santa Anita
Date: 02/06/2022
Licensee: Drayden Van Dyke, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Drayden Van Dyke, who rode Disco Ball in the third race at Santa Anita Park on Feb. 5, 2022, is suspended for three racing days (Feb. 13, 18 and 19, 2022) for failure to make the proper effort to maintain a straight course in the stretch, causing interference which resulted in the disqualification of his mount from first to second. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rules–Careless Riding). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

Florida

The following rulings were reported on the ARCI's “Recent Rulings” webpage. All but one of the rulings, however, show “no penalty” for the medication violations. According to a spokesperson for the Florida Department of Business and Professional Regulation, the rulings that indicate “no penalty” are from samples collected prior to May 20, 2021, when the Division adopted new testing procedures on the back of litigation.
“As a result of litigation, the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering developed and adopted new administrative rules regarding testing methodologies, measurement uncertainties, and screening limits for racehorses. These new requirements have been in effect since May 20, 2021,” the spokesperson wrote.
“Cases involving samples collected prior to that date were resolved pursuant to negotiated agreements between the Division and trainers. Relying on these new requirements, the
Division continues to help protect the safety and welfare of racehorses and the integrity of the races themselves,” the spokesperson added.

Track: Gulfstream Park
Date: 01/31/2022
Licensee: Oscar Gonzalez, trainer
Penalty: $500 fine and 15-day suspension
Violation: Medication/drug violation
Explainer: Consent Order – 2021-053658 – F.S. 550.2415 – violation = clenbuterol. $500 fine 15-day suspension (dates to be determined). “SPECIAL MEISTER”
Track: Gulfstream Park
Date: 02/03/2022
Licensee: Benny Cadahia, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Stipulation and Consent Order – Case #2021-003167 – F.S. 550.2415 – violation = ALBUTEROL. NO PENALTY “ULTRACONFIDENT”
The following were displayed on the ARCI's “recent rulings” webpage but have subsequently been removed. The TDN, however, confirmed their veracity with the Florida Department of Business and Professional Regulation.

Track: Gulfstream Park
Date: 01/31/2022
Licensee: Peter Walder, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order Case #2021-003148 – F.S. -550.2415 – Violation = Clenbuterol. NO PENALTY “RESIDENT”
Track: Gulfstream Park
Date: 01/31/2022
Licensee: Peter Walder, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order Case #2021-013088 – F.S. 550.2415 – violation = Clenbuterol. NO PENALTY “HAPPY CHAMP”
Track: Gulfstream Park
Date: 01/31/2022
Licensee: Peter Walder, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order – Case #2020-03789 – F.S. 550.2415 – violation = clenbuterol. NO PENALTY. “CREA'S BKLYN LAW”

Track: Gulfstream Park
Date: 01/31/2022
Licensee: Darien Rodriguez, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent order – Case #2019-012095 – F.S. 550.2415 – violation = methocarbamol. NO PENALTY. “GENERAL PADDY”

Track: Gulfstream Park
Date: 01/31/2022
Licensee: Ricko Maragh, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order Case #2019-002516 – F.S. – 550.2415 – NO PENALTY. “VINNIE VAN GO”
Track: Gulfstream Park
Date: 01/31/2022
Licensee: Anthony Quartarolo, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order – Case #2019-015584 – F.S. 550.2415 – violation = dexamethasone. NO PENALTY. “MISS HEART”
Track: Gulfstream Park
Date: 01/31/2022
Licensee: Amador Sanchez, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order – Case #2020-022161 – F.S. 550.2415 – violation = methocarbamol. NO PENALTY “MI TRES POR CIENTO”

Track: Gulfstream Park
Date: 01/31/2022
Licensee: Amador Sanchez, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order – Case #2020-054352 – F.S. 550.2415 – violation = clenbuterol. NO PENALTY “AYCAPOTE”

Track: Gulfstream Park
Date: 01/31/2022
Licensee: Amador Sanchez, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order – Case #2021-005604 – F.S. 550.2415 – violation = methocarbamol. NO PENALTY “DIAMONDS ENJOY”
Track: Gulfstream Park
Date: 01/31/2022
Licensee: Amador Sanchez, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order – Case #2021-016608 – F.S. 550.2415 – violation = flunixin, phenylbutazone. NO PENALTY “COLTONSTHEADMIRAL”

Track: Gulfstream Park
Date: 01/31/2022
Licensee: Peter Walder, trainer
Penalty: N/A
Violation: Medication/drug violation
Explainer: Consent Order – Case #2019-027648 – F.S. 550.2415 – violation = clenbuterol. NO PENALTY “DIZZY GILLESPIE”

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O’Neill Summoned to Explain Substance Administration at Los Al

Two-time GI Kentucky Derby-winning trainer Doug O'Neill has been summoned to a stewards' hearing to address a California Horse Racing Board (CHRB) complaint that revolves around a potential illegal administration of a substance prior to races four months ago at Los Alamitos Race Course (LARC).

According to an Oct. 22 CHRB complaint, back on July 5, “Investigators received information from Los Alamitos track security steward, Michael Kilpack, regarding seeing someone at trainer Doug O'Neill's barn possibly giving an illegal substance to a horse that had already been entered in a race at LARC.”

The complaint continued: “Investigators conducted a barn inspection at trainer Doug O'Neill's barn…. During the barn inspection, investigators did not observe any pre-race 'Detention Stall Sign' posted on any of the stalls prior to the post time of the race for which the horses were entered.”

Investigators then “interviewed assistant trainer Sabas Rivera, [who] stated he had given 'BleederShield' and 'Un-Lock' to the horses yesterday, which was 24 hours prior to race.”

TDN could not reach O'Neill on Monday to get his side of the story. Darrell Vienna, an attorney who has represented O'Neill in past cases before the CHRB, said via phone that he has not yet had an opportunity to discuss this new complaint with O'Neill.

BleederShield is advertised as a “pre-race or event formula for horses that bleed due to respiratory stress.” According to an online product description, its active ingredient is yunnan baiyao, which is a Traditional Chinese Medicine herbal formula used for wound healing, as a pain reliever, and to stop bleeding in both animals and humans.

Un-Lock is advertised as “a unique combination of muscle-supporting amino acids…plus electrolytes and essential vitamins.”

The substances are non-FDA approved and while it's not illegal to give them to horses in general, it is illegal to administer to a horse within 24 hours of a race.

Two months ago, on Sept. 6, O'Neill got fined $2,000 for a pair of Class 4, Penalty Category C methocarbamol positives at Santa Anita Park from May and June, one in a race and the other in a workout. A 4C categorization represents the least-severe side of the scale on the Uniform Classification Guidelines for Foreign Substances list published by the Association of Racing Commissioners International.

Separately, back in March, O'Neill negotiated a CHRB settlement agreement that included a $7,500 fine and the serving of 10 days of a 30-day suspension over a 2B positive lidocaine test triggered by one of his trainees in October 2020.

Violations of the following CHRB rules are alleged in this latest complaint: Rule 1845(c)2(A) pertains to posting the detention stall signage. Rules 1843.5(a), (c) and (h) deal with the administration of substances after a horse is entered to race. Rule 1887(a) is the “absolute insurer” regulation that dictates a trainer's responsibilities.

The CHRB complaint does not constitute a ruling against O'Neill. It is a “notice to appear” before the Los Alamitos stewards. No date for the hearing was listed on the complaint, which was signed electronically by the CHRB's equine medical director, Jeff Blea, DVM.

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Battula Banned 2 1/2 Years, Fined $7,500 for Monmouth Drug Confiscation

Aparna Battula, the jockey-turned-trainer who has not started a horse since New Jersey Racing Commission (NJRC) investigators confiscated 83 injectable medication vials and 36 needles from her Monmouth Park tack room July 29, 2019, had her training license suspended 2 1/2 years and was fined $7,500 in a post-appeal commission ruling on those violations during the board's May 19 meeting.

Commissioners voted 4-0 to impose a penalty that was slightly stiffer than the two-year ban and $6,500 fine recommended by a New Jersey administrative law judge (ALJ) after Battula had appealed her original suspension.

But the new penalty pales in comparison to the nine-year suspension and $18,500 fine the Monmouth stewards originally voted to impose in a June 2020 ruling against Battula.

During Wednesday's NJRC meeting, executive director Judith Nason said the commission had withdrawn one charge at the appeal stage “because a confirmatory test for a substance came back negative.” The Asbury Park Press subsequently reported that the purported drug had been initially believed to be erythropoietin (EPO), which carried a five-year suspension and $5,000 fine. Nason also said the ALJ merged several other counts into one for the purposes of determining penalties.

Nason read into the record that testing confirmed the other confiscated vials contained flunixin, dexamethasone and methocarbamol. Nason said that Battula had admitted in interviews with investigators that the illicit pharmaceuticals were hers, and Nason said the trainer had admitted to injecting one horse, Banker's Island (Shackleford), with banamine and ACTH at Monmouth prior to the raid on her stable.

When caught with the contraband, Battula had been about to start a 15-day ban resulting from a separate dexamethasone positive incurred May 19, 2019, at Monmouth.

“Although the final decision accepts most of the ALJ's findings and conclusions, it rejects the ALJ's use of the criminal merger doctrine and her recommended penalties,” said NJRC chair Pamela Clyne, reading the proposed motion prior to the vote. “The final decision finds that the appropriate penalties for possession of the vials, needles and drugs are a one-year and six-month suspension and a $5,000 fine.”

Clyne continued: “The final decision also adopts the ALJ's imposition of a one-year suspension and a $2,500 fine for injecting the horse at Monmouth Park in July 2019. Considering the trainer's penalty history, which includes two other drug positives, the final decision concludes that the appropriate penalties in this matter are suspensions totaling two years and six months and fines totaling $7,500. Finally, the final decision also clarifies that the rule prohibits possession of the injectable bottles as well as possession of the prohibited drugs that may be in them.”

Battula's attorney had argued that the drugs were planted by a disgruntled former employee.

Battula, who was 31 at the time of the violations, had only been training since 2015, with a 7-13-14 record from 75 starters and earnings of $250,541. Prior to that she was a jockey between 2011 and 2013.

According to a 2013 Horse Illustrated profile, Battula, a North American Racing Academy attendee, had been the first female from India to earn a jockey's license in America after having attained a bachelor's degree in biotechnology in India.

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4C Methocarbamol Complaint Issued Against Mandella for Graded Stakes Positive

Trainer Richard Mandella has been summoned to a stewards' hearing to answer a California Horse Racing Board (CHRB) complaint of an over-threshold test finding for methocarbamol, a Class 4 and Penalty Category C skeletal muscle relaxant that turned up in the post-race test of Jolie Olimpica (Brz) (Drosselmeyer) after the multiple graded stakes winner ran third in the GIII San Simeon S. at Santa Anita Mar. 13.

According to the May 7 complaint, split-sample blood testing confirmed the presence of the drug.

Methocarbamol's 4C categorization is on the least-severe side of the scale on the Uniform Classification Guidelines for Foreign Substances list published by the Association of Racing Commissioners International (ARCI).

Mandella, a Hall-of-Fame conditioner who has been training since 1974, shows three low-category medication fines of $500 each in the ARCI's rulings database: One for phenylbutazone and flunixin in 2018 at Santa Anita, one for methocarbamol at Santa Anita in 2011, and one for naproxen at Arlington Park in 2007. Fines for two scopolamine positives in 1994 were rescinded after a lengthy investigation.

In California, a trainer's first violation within a 365-day period for a Category C drug violation can result in a minimum fine of $500 to a maximum fine of $1,000 (absent mitigating circumstances).

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