Judge’s Ruling Condemns Maryland Commission’s Hearing Procedures

Howard County Circuit Court Senior Judge Lenore Gelfman released a ruling on Feb. 9 that condemned the Maryland Racing Commission's hearing procedures over a lack of due process, the right to a fair and impartial hearing, reports The Racing Biz.

The case before Judge Gelfman was that of the Jan. 18, 2020 Geisha Stakes at Laurel, in which the winner, Artful Splatter, veered out into the path of the oncoming Anna's Bandit, who finished second. Stewards ruled no change in the order of finish, and Jerry Robb, trainer and co-owner of Anna's Bandit, appealed that decision with the MRC.

A hearing was held on Feb. 27, 2020, in which the commission upheld the stewards' decision. Robb's attorney, Lorraine Lawrence-Whittaker, filed an appeal with the circuit court alleging that the MRC hearing was flawed.

Judge Gelfman concluded that “the hearing before the MRC did not adequately protect Petitioner against the deprivation of one of his most essential and foundational rights,” that of due process.

Both the petitioner and the stewards are represented by counsel in these hearings, as is the Maryland Racing Commission. However, Judge Gelfman found issue with the fact that the MRC's counsel, Eric London, has also been presiding over the hearings.

“This court notes that Counsel for the MRC interjected himself repeatedly, leading to the conclusion that he, not the MRC, was the decision-maker,” Judge Gelfman wrote. “Counsel's participation and manner in the hearing deprived Petitioner of due process,” she said.

As for Robb's case, that has been remanded to the MRC for a new hearing.

The Racing Biz reports that the first hearing since the court's ruling was held on Feb. 25, and MRC chairman Emmet Davitt presided.

Read more at The Racing Biz.

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Bell’s the One Gearing Up For Return

Lothenbach Stables' Bell's the One (Majesticperfection), who became the first Grade I winner for trainer Neil Pessin in last year's Derby City Distaff ahead of a third-place effort to champion 'TDN Rising Star' Gamine (Into Mischief) in the GI Breeders' Cup Filly and Mare Sprint, breezed five furlongs in 1:00.60 (9/36) at the Fair Grounds Feb. 28. Pessin confirmed that the GI Madison S. at Keeneland Apr. 4, in which his charge was a pace-compromised third in the coronavirus-delayed 2020 renewal last July, is the jumping-off spot for the mare's 5-year-old campaign.

“She's doing very well and we are right on schedule to run at Keeneland,” the affable conditioner said Monday from New Orleans.

Following the Filly & Mare Sprint, where she was beaten by the nose of Serengeti Empress (Alternation) for second, Bell's the One was turned out for six weeks at Chesapeake Farm in Lexington. Pessin said she arrived at the Fair Grounds in early January, galloped for about a month and has turned in four breezes since.

“She's on a weekly training schedule, just depends on the weather and the track,” Pessin said. “We're pretty happy with where we are right now, so we do have some flexibility if needed. I'm not on a tight schedule. She'll be ready to rock and roll when Keeneland comes around.”

The trainer has no reservations about training up to the Madison.

“Very,” he said when asked about his level of confidence running in the Madison without a prep. “I have a lot of confidence in her. I'll be honest with you, if my filly runs her race–there has to be a little bit of a pace set-up for her at Keeneland–but with any sort of pace whatsoever, she ought to be tough. I don't think Gamine is coming and I'm really not worried about anything else.”

Pessin has never been one to rack up big numbers, but my any metric, 2020 was a banner year, with a victory in the GIII Winning Colors S. over an insufficient six-furlong trip in addition to the Derby City Distaff, where she got just the better of Serengeti Empress following a final-furlong throwdown.

“Well, winning the Derby City Distaff was nice, especially the fashion we did it,” he said. “Breeders' Cup, if we'd have been second–we had to wait a little bit turning for home and I think it cost us the nose. But with that being said, she ran a big race.

He continued, “Overall, having a horse like her in the barn is very exciting, makes you want to get up in the morning. I do wish she'd have been a finalist in the [Eclipse] balloting, because I do think she belonged on the list. We ran against Serengeti [Empress] twice, we beat her a nose and she beat us a nose. I feel we could have beaten her in the Breeders' Cup with a little more luck. I hope we get a shot to win one or two more Grade Is this year and she stays healthy and everything goes well.”

As for the rest of this year, Pessin said that the team will chart a course backwards from this year's Filly & Mare Sprint at Del Mar Nov. 6 following her first two starts. From there, her future remains an open question.

“I would say it depends on how healthy she stays and how well she runs,” Pessin said. “Bob breeds his own, but that doesn't necessarily mean she'll go straight to the breeding shed when this year is over.

“I want to do whatever is best for her,” Pessin added. “If I think she is 100% good to go for another year, then it'd be up to Bob and [racing manager] Drew [Nardiello] whether to race her or not. But I won't race her unless she's 100%.”

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‘I Can’t Believe It’: 300-1 Shocker Provides ‘Massive Thrill’ In Australian Guineas

There are shock results, and then there are shock results. In a triumph described as “surreal” by his connections, Lunar Fox became one of the longest-priced G1 winners of all time anywhere in the world with a 300-1 victory in the Australian Guineas at Flemington.

“I can't believe it – it hasn't sunk it,” said jockey Michael Dee after landing his fifth G1 success. “To be honest, I didn't give him much hope and no one else really did either! It's obviously a massive thrill and I can't believe it has just happened.”

Australian sources were left racking their brains to find an equivalent – but all were agreed this was certainly the biggest price to succeed at the top level for at least 35 years, going back to 250-1 winner Abaridy in the Caulfield Guineas of 1986.

Blinkers seemed to make a profound difference to Lunar Fox, who had come 12th of 14 on his previous outing in the G3 CS Hayes Stakes at the same venue just two weeks ago.

The son of Foxwedge wore down front-running favorite Tagaloa in the closing stages and the line came just soon enough to deny Cherry Tortoni, who flew home from the rear, by a half-length.

Trainer's representative Holly McKechnie was queried by Racing Victoria stewards about the horse's improvement.

Holly McKechnie (representing trainer Paul Preusker): “It's a bit surreal at this stage. I can't believe it. He's always had a lot of ability, this horse. Obviously last start he ran below par and we couldn't really find any issue. We've done the old trick with the blinkers and it seems to have done the job. Last time was just out of character. He's always trying this horse. Getting to the outside and the additions of blinkers certainly helped him.”

Michael Dee (jockey): “All I could do today was do my job and do it to the best of my ability and hopefully the horse ran well in doing so. Having the blinkers on today and just a massive improvement. They drilled it into me before the race to stay off the fence. From the gate we were able to get the perfect run three-wide and work into it.”

This story originally appeared on Horse Racing Planet and is reprinted here with permission.

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Miss Chapin Delivers Oscar Performance Colt At Mill Ridge Farm As Part Of National Museum Of Racing’s Foal Patrol Season 4

Miss Chapin, a 20-year-old mare owned by Mrs. Jerry Amerman, delivered a colt by stallion Oscar Performance at 2:23 a.m. on Feb. 26 at Mill Ridge Farm as part of the National Museum of Racing and Hall of Fame's Foal Patrol Season 4.

This is the first foal of the season delivered on Foal Patrol. Both the mare and foal are healthy and doing well.

Miss Chapin, a daughter of Royal Academy, delivered her Oscar Performance colt eight days after her expected foaling date of Feb. 18. There are four mares participating in Foal Patrol Season 4, as well as the stallion Tapit at Gainesway Farm. The next mare scheduled to deliver is Miss Always Ready at Three Chimneys Farm in Versailles, Ky. Both Janae (Safari North, Versailles, Ky.) and To the Moon Alice (Old Tavern Farm, Saratoga Springs, N.Y.) are scheduled to deliver in April.

Foal Patrol is a one-of-a-kind interactive web project. Season 4 features a collection of live cameras where people can view real-time streams of several mares and their foals and the stallion Tapit. The live camera feeds will be available according to each horse's daily schedule, set by the farm. For more information, please visit www.foalpatrol.com.

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