Florida department of business and professional regulation

Another real-life story from the pages of “Only In Florida.”

On Aug. 11, 2020, the Division of Pari-Mutuel Wagering (DPMW) filed a complaint against trainer Peter R. Walder after the state's testing laboratory at the University of Florida detected 74.5 picograms of clenbuterol in the post-race blood sample of Crea's Bklyn Law, winner of the 11^th race at Gulfstream Park in Hallandale Beach, Fla., on July 11.

The lab notified DPMW director Louis Trombetta on July 28. Typically, a case will then get assigned to an attorney within the Florida Department of Business and Professional Regulation, a complaint is filed and a state investigator is directed to serve the trainer with the complaint.

Under Florida law, the state has 90 days from the date the alleged violation occurred to begin prosecution. If the state has not begun to prosecute the case within 90 days, it's dropped. According to Florida Statute 550.2415 (4), “Service of an administrative complaint marks the commencement of administrative action.”

Walder said he was never served with the complaint because he was out of state when process servers began to visit his stable at Gulfstream Park last summer.

“A detective came to my barn a few times and my assistant told them, 'He's in Saratoga.'” Walder said. “They called and said they need to see me, that they need to give me some papers.”

Officials could have hired a process server in New York to serve Walder with the complaint, but apparently never did.

“They knew where I was,” Walder said. “I was at my barn every day in Saratoga, barn 15. Do you think I'm going to go running to them so they can serve me?”

At one point, Walder said, an investigator “tried handing something to my assistant (at Gulfstream Park), but that wasn't me.”

As the clock starting winding down to the 90-day cutoff, Walder added, officials became more agitated. “One guy cursed out my assistant, calling him a liar and saying I was hiding somewhere in the barn. They couldn't find me because I wasn't there, but it's not like I was hiding.”

On Oct. 8, Walder said, while at Monmouth Park in New Jersey, he contacted a state official in Florida and said he would be returning to Gulfstream Park that weekend. The following day, Friday, Oct 9, was the 90^th day after the alleged July 11 violation. By Saturday, Oct. 10, the case would have to be closed.

Or would it?

Patrick R. Fargason, deputy communications director for the Florida Department of Business and Professional Regulation, said the Crea's Bklyn Law case remains open, despite Walder's insistence that he has not been served with the complaint.

“The administrative complaint in this case was effectively served,” Fargason wrote in an email, without further explanation.

That's news to Walder.

“I've never signed anything,” he said. “The law states that they have to give (the complaint) to the trainer. By their letter of the law, the 90 days is up.”

Walder has another clenbuterol complaint, this one filed on Feb. 5 for Resident, who was found to have 246 picograms of the bronchodilator in a urine sample taken after the horse won the seventh race on Dec. 27, 2020, at Gulfstream Park.

Attorney Bradford Beilly is handling that case for Walder and said he has requested a split sample after the complaint was served within 90 days of the alleged violation.

Walder, who's won the last seven races at Gulfstream Park in which he's had a runner, said he stopped using clenbuterol at the end of 2020. Gulfstream instituted house rules prior to the championship meet that began Dec. 2 requiring a prescription for its use and a negative drug test prior to being entered to race for any horse administered the drug.

“I don't use it anymore,” Walder said. “You can't get it from the manufacturer anymore and I refuse to use the compounded stuff.”

Walder said some will try to connect his win streak with clenbuterol. He insists that is not the case, that he's always been a streaky trainer and has gone through both long slumps and hot spells. Walder said he's one of a handful of trainers who “aggressively” play the claiming game. “I'm getting good rides and have patient owners and great help,” he said. “You can't do anything without good help.”

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Despite winning on 4-year-old filly Dreaming Diamonds on March 20, Pablo Morales knew something wasn't right with the left foot he'd injured six days earlier in a starting-gate mishap.

An X-ray revealed a break, sending the 31-year-old jockey to the sidelines for seven weeks.

At the time, Morales was four victories shy of 2,000 for his career. He rode one race on May 8, but quickly realized he had not recovered sufficiently to compete at the level to which he is accustomed.

Determined to reach 2,000 before the current Tampa Bay Downs meeting ended, Morales set his mind to the task.

“I dedicated myself for 10 days to strengthening the area, jogging a lot and doing a lot of Equicizer work,” he said, referring to the mechanical horse controlled by a rider's movement.

“When I came back (on June 3), I felt such a difference.”

Two dates extensions granted by the Florida Department of Business and Professional Regulation made it possible for Morales to hit the milestone at Tampa Bay Downs, and he made the most of his opportunity. The Lima, Peru product hit the mark in today's second race, a mile-and-a-sixteenth maiden special weight contest on the turf, on 4-year-old filly Sanguine for owner Augustin Stable and trainer Jonathan Thomas.

After racing in fourth place early, Sanguine and Morales moved smartly to the lead nearing the far turn and held off a late challenge from Aunt Dorothy to win by two-and-three-quarter lengths. Sanguine paid $4.60 to win as the betting favorite. “I knew she was the best horse in the race,” Morales said of the daughter of Quality Road. “I'm glad (Thomas) put the confidence in me to ride her.”

The occasion was recognized with a ceremony that included his rival jockeys in the winner's circle after the race.

“”It's a big accomplishment to me, because when I started. … you never think you're going to even make it to 1,000. Making it to 2,000, it's hard to believe,” Morales said. “I've been thinking about it a long time and it's not an easy task, so I'm very proud and I'm very thankful for all the help I've gotten through my career. I just want to keep on going.”

He got a good start in that regard in the fifth race, helping 3-year-old filly Leishlanick break her maiden for owner Wills Jarrett and trainer Angel M. Rodriguez.

Given the circumstances surrounding his injury and the COVID-19 (coronavirus) pandemic that has affected all aspects of daily life, Morales accepted achieving the feat in front of an empty grandstand, with his wife Erin and their two children, agent Paula Bacon and other relatives and friends watching from home.

“It definitely would have been sweeter with them here, but I really waited too long. I couldn't care less if I was the only person here,” he said, laughing.

But they were foremost in his thoughts beforehand and afterward. “Paula has made a big difference in my career, and I think I have made a difference in hers,” he said. “We are a great team. I give all the thanks to my wife, my parents and my brothers and sister, and my kids (Sophia and Camilo), who watch me every race. My parents are in town with me, so we'll go buy a steak after the races and celebrate a little.”

Morales, a five-time riding champion at Presque Isle Downs in Erie, Pa., plans to return there for the meeting beginning July 27.

Morales is fourth in the 2019-2020 Oldsmar standings with 61 victories. He has won two graded stakes, capturing the Grade II Super Derby in 2005 at Louisiana Downs on The Daddy and the Grade III Sam F. Davis Stakes here last year on Well Defined.

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