Weekly Stewards & Commissions Rulings – Dec. 27-Jan. 2

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. With the Horseracing Integrity and Safety Act (HISA) having gone into effect on July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.

California

Track: Santa Anita

Date: 12/31/2022

Licensee: Kazushi Kimura, jockey

Penalty: Three-day suspension

Violation: Careless riding

Explainer: Jockey Kazushi Kimura, who rode Luminiferous in the first race at Santa Anita Park on December 30, 2022, is suspended for 3 racing days (January 7, 8 and 13, 2023) for altering course without sufficient clearance and causing interference in the stretch. 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.

NEW HISA STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal, except for the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously. One important note: HISA's whip use limit is restricted to six strikes during a race.

Violations of Crop Rule

Gulfstream Park

Leandro Moises Briceno – violation date December 29; $250 fine, suspension not yet available, eight strikes

Tampa Bay Downs

Urbardo Jose Casique – violation date December 28; $250 fine and one-day suspension, seven strikes

Jose Luis Alonso – violation date December 28; $250 fine and one-day suspension, nine strikes

Richard M Mitchell – violation date December 30; $250 fine and one-day suspension, nine strikes

Turfway Park

Alice Beckman – violation date December 20; $250 fine and one-day suspension, seven strikes

Joseph De Jesus – violation date December 29; $250 fine and one-day suspension, seven strikes

Perry Wayne Ouzts – violation date December 29; $250 fine and one-day suspension, seven strikes

Alice Beckman – violation date December 30; $250 fine and one-day suspension, seven strikes

Oaklawn Park

Isaac Castillo – violation date December 30; $250 fine, wrist above the helmet

Angel Rodriguez – violation date December 30; $250 fine, wrist above the helmet

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Taking Stock: The Good, The Bad and The Ugly of 2022

Sergio Leone's 1966 masterpiece, “The Good, the Bad, and the Ugly,” was the last and best of a trilogy of Leone spaghetti westerns that upended the traditional genre.

Before Leone and other Italian directors like Sergio Corbucci set about redefining the Old West in Europe, traditional domestic westerns featured clean-cut leads like John Wayne, Alan Ladd, Gregory Peck, Gary Cooper, and Jimmy Stewart in films by directors like John Ford and Howard Hawks that clearly delineated the good from the bad and ugly. Not so Leone, who made the genre surreal and messy, and for him the good wasn't as easily distinguishable from the bad and ugly.

Clint Eastwood, Leone's star, was an anti-hero gunslinger with five-day stubble on a perpetually squinting face, a cigarillo between his lips, and a signature poncho draped over his tall frame.

When he flipped the poncho over his left shoulder, he was ready to draw the Colt Navy holstered on his thigh, and when he did, any gunfight was over in the blink of an eye. He was faster than fast–and unbelievably so.

Racing in 2022 was messy and surreal and was a Sergio Leone film in my mind, not a John Ford movie with clear-cut heroes and bad guys. Flightline was the star, playing the Eastwood role. No one was faster.

Here's the year's Good, Bad, and Ugly, boiled down in three acts.

The Good
The Good was Flightline (Tapit), wasn't it? He was good, but not so in the traditional sense for some, because he didn't race often like their racing heroes from the past. His detractors have grumbled, too, that he's not competing in 2023 because his connections are cashing out on his massive stud value. Some conspiracy theorists on social media have gone so far as to insinuate the $4.6 million share purchased by an undisclosed buyer at auction at Keeneland was engineered by the colt's ownership group to inflate his value. In reality, the share was bought fair and square by Travis Boersma, the billionaire co-founder of Dutch Bros. Coffee, with Coolmore the underbidder. In fact, Boersma has since purchased another share in Flightline.

As for how good Flightline was, the results of the recent Gl Malibu and Gll San Antonio add to the tale: Taiba (Gun Runner), beaten 8 3/4 lengths in third by Flightline in the Gl Breeders' Cup Classic, won the former by 4 1/4 lengths; and Country Grammer (Tonalist), second by 19 1/4 lengths to Flightline in the Gl Pacific Classic, won the latter by 4 1/2 lengths. At the time, the Pacific Classic impacted me in a way I haven't felt in a long time, and when Lane's End asked me to write the entry for Flightline for its annual stallion brochure, I wrote of that race in particular and said, in part:

He was a hot Santa Ana wind blowing in from the San Diego mountains that day. He not only fried the competition in the Pacific Classic but also the ability to think straight in the immediate aftermath. It was difficult to coherently put into words what was seen and felt as Flightline crossed the line. There was something unsettling about it, something that asked, “Is this real?”

Joan Didion, that great American writer from California, once said this about the Santa Ana winds: “The Pacific turned ominously glossy during a Santa Ana period, and one woke in the night troubled not only by the peacocks screaming in the olive trees but by the eerie absence of surf. The heat was surreal. The sky had a yellow cast, the kind of light sometimes called 'earthquake weather.'”

Didion's words capture the otherworldly essence and collective disbelief of what was witnessed at Del Mar. It had been, after all, only Flightline's fifth race. Previously, he'd dominated a field of Grade l winners by six lengths in the one-mile Gl Metropolitan H. at Belmont. His only other stakes outing before the Met Mile came in the seven-furlong Gl Malibu S. at Santa Anita, which he won by 11 1/2 lengths.

In the days following the Pacific Classic, as the magnitude of accomplishment settled in, journalists waxed lyrically about Flightline's performance, but the most telling verdicts came from unsentimental makers of figures and ratings: 126 from Beyer, the fastest in almost 20 years and the second-best ever; -8 1/2 from Thoro-Graph, the best in its history; -2 from Ragozin,
an indicator of highly elite class; and a ranking of 143 from the internationally respected Timeform, which places Flightline tops among American horses of all time and within range of the publication's highest-ever weighted horse, Frankel, at 147.

Flightline was clearly special.

The Bad
The handling of HISA was bad–twice over. There's no way to sugarcoat this. The bill was first passed without industry consensus when Sen. Mitch McConnell, Republican and then Majority Leader in the senate, tacked it on to the year-end spending bill in 2020, and after a part of it was found unconstitutional last year, Sen. McConnell, now Minority Leader, once again attached an amendment to it to the spending bill last month with corrective language that's supposed to address the issue the Fifth Circuit Court of Appeals found objectionable, which is that government power was delegated to a private entity without adequate government supervision.

Sen. McConnell, in this role, plays the part actor Lee Van Cleef did in the Leone film, the hired gun Angel Eyes. Part of the entry for Angel Eyes in Wikipedia reads: “A ruthless… mercenary… always finishes a job for which he is paid.” Who hired–lobbied is the polite word–Sen. McConnell? Pro HISA advocates, including The Jockey Club, a mostly Republican organization. And why is this ironic and even surreal? Because many of the constitutional issues being litigated in courts around HISA are anti-Republican stances about states' rights and regulatory measures. And many of the federal justices ruling on these issues were named to the bench by Republican Presidents, whose appointments were supported by Sen. McConnell and most Republicans.

What happens if another conservative judge rules against HISA in one of several suits on the table at the moment? You already know: Sen. McConnell will be back to tack another amendment to the spending bill a year from now. He's got plenty of Democrats in the senate who will support him on this, but his own party is highly critical of him for putting forth measures that are anathema to conservatives.

Sen. McConnell and his posse should have had this right from the beginning, with industry consensus and a clear understanding that any challenges to HISA would come from McConnell's own party and be adjudicated by justices put in place by them.

The Ugly
Who will be the champion 3-year-old colt of 2022? Will it be Epicenter (Not This Time), who won one Grade l race last year, or will it be Taiba, the winner of three? I tweeted this recently from the WTC company account, @Sirewatch:

“In the matchup for Eclipse 3yo between Epicenter vs. Taiba, the winner is Ron Winchell. He owns Epicenter and is a major shareholder in Gun Runner, the sire of Taiba.”

Winchell is a leading man from a John Ford film, a John Wayne type of winner.

Taiba is owned by Amr Zedan, a Saudi businessman, and trained by Hall of Famer Bob Baffert, both of whom are Sergio Leone characters, perhaps a composite in this case of the Eli Wallach role of Tuco, a wanted Mexican bandit in “The Good, the Bad, and the Ugly.”

Things certainly got ugly for Zedan and Baffert after their Medina Spirit (Protonico) tested positive for betamethasone after the 2021 Gl Kentucky Derby, and events have snowballed from there, including the Churchill Downs ban of Baffert and the subsequent lawsuits filed by Zedan and Baffert in response. All of this translated to negative publicity and quite likely cost Medina Spirit an Eclipse Award.

The champion 3-year-old colt of 2021 was Godolphin's Essential Quality, who won two Grade l races, the same as Medina Spirit. Except Medina Spirit also defeated older horses by winning the Gl Awesome Again – something his rival didn't do – and finished ahead of Essential Quality the two times they met, in the Derby (Essential Quality was fourth) and the Breeders' Cup
Classic (Medina Spirit was second to Knicks Go and Essential Quality was third).

The resilient Zedan and Baffert are somehow back again with Taiba, but how will voters respond this time? Will they snub Zedan and Baffert again and go with Epicenter, who had a fine campaign that included a win in the prestigious Gl Travers? Or will they jettison both dirt colts and go for Godolphin's Modern Games (Ire) (Dubawi {Ire}), who won two Grade l races on turf against older horses? Don't scoff, there's been some chatter about that on social media among potential voters.

Owner and handicapper (and economics professor) Marshall Gramm recently noted on Twitter the similarities of Taiba, Epicenter, and Modern Games to the trio of Snow Chief (three Grade l wins), Ferdinand (one), and Manila (three, all on turf) from 1986. Snow Chief won the Eclipse that year, but Manila, an outstanding turf horse, was the best of the three. Back then, however,
turf racing didn't have the same stature it now seems to hold with some voters.

These days it's hard to agree on anything. Consensus is elusive. The Good, the Bad, and the Ugly are seemingly interchangeable, depending on viewpoint. And facts seem to matter less than opinion. That's the chaos that Leone captured in 1966, and it's very much alive now.

Welcome to 2023.

Sid Fernando is president and CEO of Werk Thoroughbred Consultants, Inc., originator of the Werk Nick Rating and eNicks.

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Stories I Hope To Be Writing in 2023

Another year is in the books, and it featured the usual combination of good news and bad news. Flightline (Tapit) wowed us, even if it was for just three races. The impossible victory by Rich Strike (Keen Ice) in the GI Kentucky Derby was an unforgettable moment. Then again, the Horse Racing Integrity and Safety Act went off the rails and the acrimony surrounding it turned even uglier. With more guilty pleas and sentencings during the year, we still haven't been able to fully escape the nightmare that is Servis-Navarro.

So what will 2023 bring for horse racing? Honestly, I have no idea. But here are the stories I hope to be writing in 2023. Wishful thinking? Absolutely. But you never know.

The Champion 3-Year-Old Will Race at Four: A day after 3-year-old Glow Worm (Whatasire) won the GI Breeders' Cup Classic, his owner John Q. Horseowner announced that his three-time Grade I winner will race as a 4-year-old in 2024. The news stunned the breeding and racing industries, which have grown accustomed to owners choosing breeding over racing because that's where the real money is made.

“Money, I have,” Horseowner said. “Sure, I could make many millions if I retired Glow Worm now but what would I do with it? I already have a yacht, a private jet and 11 homes. I don't need any more. What I don't have in my everyday life is the kind of thrill I get every time Glow Worm runs. That's priceless. Who knows, maybe I'll run him at five, as well.”

Movement Toward Penny Breakage Catches On: Thanks to a bill submitted by upstate New York Assemblyman George Whatagoodguy, it appears that penny breakage will be coming to the New York racetracks before the year is over. The bill enjoys bipartisan support and has the backing of Governor Kathy Hochul.

“I play the horses and I have seen firsthand what a great deal this has been in Kentucky for horseplayers since they went to penny breakage,” said the Democratic lawmaker. “It has put millions back into the pockets of the people who are the backbone of this game, the bettors. Slot machines have put hundreds of millions into the pockets of racetrack owners, horse owners, trainers, you name it…everyone but the player. Isn't it about time they get a break?”

New York could be the first of several states to go to penny breakage. Pat Cummings of the Thoroughbred Idea Foundation reports that bills similar to the one introduced by Whatagoodguy are in the works in at least four other states.

Wayne Lukas Wins Jockey Club Gold Cup on 88th Birthday: What a better a way to celebrate his 88th birthday than with a win in the GI Jockey Club Gold Cup at Saratoga. The rejuvenated Wayne Lukas pulled that off Saturday at Saratoga when winning the prestigious Gold Cup with Ageisjustanumber (Son of Into Mischief). It was Lukas's 43rd win on the year and his eighth graded stakes win. Approaching his ninetieth birthday, he is having his best year since 2005.

“I didn't forget how to train a horse,” Lukas said. “I just needed some owners to overlook my age and give me a chance with some good horses. I want to thank the 73 co-owners of Ageisjustanumber for believing in me and giving me a chance. It's on to the Breeders' Cup.”

Owner Takes Responsibility After Trainer Caught Doping: That trainer Jesse James was suspended for five years after a horse of his tested positive Friday for performance-enhancing drugs was hardly a surprise. Suspicions have surrounded James throughout a year in which he has won with 38% of his starters and with 71% of his starters coming off a claim.

But what no one expected was that his primary owner, Al Culpable, would come forward and admit he was part of the problem.

“I know what everyone expects me to say, that I thought Jesse was a good, honest, hard-working guy and that I had no idea he was cheating,” Culpable said. “If you believe that (expletive) you must also believe that I am stupid. I'm not. Did Jesse ever admit to me that he was doping my horses? No. But I knew exactly what was going on and he never could have done what he did if I didn't keep claiming horses and sending them to him.

“I have had some time to think about this and I am truly sorry. Despite what I did, I truly love this sport and I have damaged it. Shame on me. I am getting out of the game and will be donating $1,653,176 to Thoroughbred aftercare. That's the amount of money my horses earned with Jesse this year.”

New York Gaming Commission Exonerates NYRA Staffer: After NYRA clocker Henry Chroniker reported the wrong time for a workout that took place earlier this week on the Belmont training track, Chroniker worried that he was about to face a stiff fine and suspension from the New York Gaming Commission. The horse, Pie-O-My (Sopranos), worked four furlongs in :49.12.

Chroniker inadvertently transposed the numbers and reported the work as :49.21, a difference of .09 seconds. A similar offense from a clocker last year resulted in a hefty fine and a long suspension and the Gaming Commission has a history of punishing NYRA employees for what many considered to be very minor offenses. But that won't happen to Chroniker.

“We looked at this and realized it was a case of 'no harm, no foul,'” said the Gaming Commission's steward. “We realize that sometimes you have to use common sense and be reasonable when it comes to cases like this. Chroniker had worked here a long time and his record has been spotless. He deserved the benefit of the doubt. Accidents happen.”

Inspired by Beverly Park, Top Stable Vows to Race More Often: When Beverly Park (Munnings) reached the halfway point in the year with 19 starts trainer Phil Eclipseworthy took notice.

“I thought if this horse could race 30 times in a year and remain sound and productive every step of the way, why couldn't I run my horses more often?” Eclipseworthy said. “After all, wouldn't my owners make more money if their horses raced more often?”

With that in mind, Eclipseworthy has announced plans for his top colt Theydontmakeemliketheyuseto (Another Son of Into Mischief). He plans to run him in the GI Whitney, the GI Jockey Club Gold Cup and the GI Breeders' Cup Classic.

“That will be three races in four months and that's a brutal schedule,” Eclipseworthy said. “Normally, I think three starts a year, and not three in four months, is about all a horse can handle. But I like what that fella Lynn Cash has been doing with Beverly Park. He was a $5,000 claimer and now, with the way he's been handled, has made boatloads of money. I'm keeping my fingers crossed that Theydontmakeemliketheyuseto can hold up to the taxing schedule I have laid out for him.”

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Weekly Rulings, Dec. 19-26

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.

With the Horseracing Integrity and Safety Act (HISA) having gone into effect on July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week, while we wait to see what the new year will bring regarding the legislation.

California
Track: Santa Anita
Date: 12/26/2022
Licensee: Ryan Curatolo, jockey
Penalty: One-day suspension, $250 fine
Violation: Excessive use of the whip
Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Jockey Ryan Curatolo, who rode Founder's Day in the fifth race at Los Alamitos Race Course on December 18, 2022, is suspended for one (1) day (January 2, 2023), and fined $250.00 for one (1) strike over the limit. Furthermore, Jockey Ryan Curatolo is assigned three (3) violation points that will be expunged on June 26, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – second offense since October 22, 2022. Jockey Ryan Curatolo has accrued a total of six (6) points.

Track: Santa Anita
Date: 12/26/2022
Licensee: Abel Cedillo, jockey
Penalty: One-day suspension, $250 fine
Violation: Excessive use of the whip
Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Jockey Abel Cedillo, who rode A New Peace in the eighth race at Los Alamitos Race Course on December 18, 2022, is suspended for one (1) day (January 2, 2023), and fined $250.00 for two (2) strikes over the limit. Furthermore, Jockey Abel Cedillo is assigned three (3) violation points that will be expunged on June 26, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – first offense. Jockey Abel Cedillo has accrued a total of three (3) points.

NEW HISA STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal, except for the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously.

One important note: HISA's whip use limit is restricted to six strikes during a race.

Violations of Crop Rule

Gulfstream Park
Frank David Villalobos – violation date December 24; $250 fine and one-day suspension, seven strikes

Tampa Bay Downs
Richard Bracho – violation date December 21; $250 fine and one-day suspension, seven strikes
Jose Batista – violation date December 23; $250 fine and one-day suspension, nine strikes
Alberto Burgos – violation date December 23; $250 fine and one-day suspension, seven strikes
Madeline Jane Rowland – violation date December 23; $250 fine and one-day suspension, eight strikes

Voided Claims

Gulfstream Park
Cantillate – ruling date 12/17/2022

Penn National
Bourbon Frontier – ruling date 12/20/2022

Tampa Bay Downs
Miss California – ruling date 12/21/202

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