HOF Rider Jerry Bailey Talks Jim Dandy And More On Writers’ Room

It was a good week to have a Hall of Fame jockey on the TDN Writers' Room, presented by Keeneland, as the Green Group Guest of the Week and especially to have that jockey be Jerry Bailey, who knows a thing or two about analyzing a race for an audience. Bailey pulled no punches when asked about whether or not he felt Forte (Violence) should have been disqualified in the Jim Dandy Saturday at Saratoga.

“I thought it was a bad call,” said Bailey. “I thought he was the best horse in the race, but I thought he should have come down. The rules of racing state that even if you are not clear of somebody and you change paths and you interfere with their progress, which you clearly did, then you should be disqualified. I mean, if you look at the chart, even the chart says he forced his way out. I'm paraphrasing here, `repeatedly bumping with the outside horse.' And then he came back in and it was negligent. So, yeah, I thought he should have come down.”

Bailey said that the danger went beyond this one race. “Look, you want a safer product out on the track as you can possibly get for both horse and rider. And I'll tell you from experience, I went through it myself. I won't name the riders, but there were two or three in New York that the stewards let get carried away and go over the line repeatedly, and then the line gets farther and farther away and it gets more severe. And what happens is the riders take it into their own hands. If the stewards are not policing the riders and enforcing the rules, then the riders are left to police themselves. And that is not a good situation.”

Bailey also relived his exploits on Cigar, his Derby wins on Sea Hero and Grindstone, and told tales about his days in the jocks' room.

Elsewhere on the Writers' Room, also sponsored by Stonestreet, NYRA Bets, Lane's End Farm, XBTV, WinStar Farm, West Point Thoroughbreds, and the Pennsylvania Horse Breeders, Randy Moss, Zoe Cadman and T.D. Thornton discussed (what else?) the Jim Dandy non-DQ, and the other big races of the weekend, previewed the upcoming Test, Whitney, and Saratoga Derby at Saratoga as well as the Clement L. Hirsch at Del Mar, and discussed the top news stories. Those included Jason Servis's four-year prison sentence, Santa Anita's decisions on improvement expenditures in light of the closing of Golden Gate, and HISA's policy change on provisional suspensions.

To watch the Writers' Room, click here. To view the show as a podcast, click here.

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The Week in Review: With Forte Non-DQ, NYRA Stewards Owe Public an Explanation

Why didn't the NYRA stewards disqualify Forte (Violence) from his win in a controversial running of the GII Jim Dandy S. Saturday at Saratoga? The wagering public bet $3,167,647 on the race and that doesn't include any of the horizontal wagers. After Forte and Irad Ortiz Jr. bulled their way off of the rail near the top of the stretch, bumped Angel of Empire (Classic Empire) and took away his path, it looked like the horse deserved to come down. But that didn't happen.

The bettors deserved an explanation. But none has been offered or, likely, ever will be.

Racing needs to do a better job with this. In the four major sports, when the umpires or referees review the replay of a play, they are required to announce their decision to the fans in the stands and those watching at home. They don't just tell you whether a player was safe or out, but why he was safe or out. The fan may or may not agree with the call, but, at least, they know why the officials ruled the way they did.

At Saratoga? Crickets.

Any time there is an inquiry or an objection, whether a horse is disqualified or not, the stewards should be required to come on in-house television and explain why they made the call that they did. It doesn't have to be that difficult or complicated. Something like, “the four horse bore in in the stretch, caused the jockey on the three horse to steady and cost that horse second-place, and that's why we disqualified the four horse and placed him third,” would suffice.

After the running of the 2019 GI Kentucky Derby, the Churchill Downs stewards disqualified Maximum Security (New Year's Day) and placed him 17th for interference. It took them an agonizing 22 minutes to reach a decision and they were not required to make their reasoning public. Worse yet, they met with the media and Kentucky Horse Racing Commission steward Barbara Borden read a brief and meaningless statement and refused to answer any questions.

The situation couldn't have been handled any more poorly, but at least they tried do better going forward. There have been instances at the Kentucky tracks when the stewards have gone on television to explain their rulings and the stewards there publish a daily report on the racing commission website which offers a brief explanation for any decisions they made during the course of a card.

The NYRA stewards could do the same thing, but they've apparently stopped trying. Starting in September of 2016, the NYRA website started posting what it called the Stewards' Corner, which offered explanations of the decisions made by the stewards during a race day.

This is what was posted for the 10th race on July 9, 2022.

“Stewards' inquiry into the stretch run. Late stretch #12 Heymackit'sjack (Irad Ortiz Jr.) drifts out under left handed crop forcing #5 Feathers Road(Jose Lezcano) to take up. After reviewing the video and speaking to the riders involved, the Stewards felt that #12 Heymackit'sjack did cost #5 Feathers Road a placing. #12 was disqualified from 2nd and placed 4th. The race was made official  4-1-5-12.”

That was the last item posted to the Stewards' Corner. Every decision since has gone unexplained. Why?

Such information is especially important in a situation like the Jim Dandy, a race in which the consensus seems to be that they made the wrong call. Here is the New York Gaming Commission rules regarding when a horse comes over and bothers another horse: “A horse crossing another may be disqualified, if in the judgment of the stewards, it interferes with, impedes or intimidates another horse, or the foul altered the finish of the race.”

Isn't that exactly what happened when it comes to Forte and Angel of Empire? Ortiz clearly came over, bumped and pushed Angel of Empire out, and could have cost him a placing. Despite the incident, Angel of Empire finished third and lost by just a half-length.

Worse yet, on Thursday at Saratoga, Ortiz was involved in an incident very similar to what happened in the Jim Dandy and, this time, was taken down. It happened in the seventh race, a $25,000 claimer, and Ortiz was riding a horse named Eyes on Target (Exaggerator). Ortiz got his horse hemmed in on the inside, but muscled his way out in the stretch, came over a couple of paths and bothered two horses. Eyes on Target was disqualified and placed eighth. Why was Thursday's incident cause for a DQ, but the Jim Dandy incident was not?

The stewards are allowed to make mistakes and dealing with Ortiz cannot be easy. He might be the most talented jockey in the sport, but he has no problem crossing the line. Many believe he does what he does because the NYRA stewards don't hold him accountable. Which takes us back to the Jim Dandy? Do they give Ortiz more leeway than other jockeys? Are they less inclined to take a horse down in a major race like the Jim Dandy than in a $25,000 claimer on a quiet Thursday afternoon? Or did they have a good reason for not taking Forte down, one that, when explained, might have shed some light on why they ruled the way they did?

Wouldn't it be nice to know?

Judge Mary Kay Vyskocil is a Rock Star

When Jason Servis was sentenced to four years in prison Wednesday by Judge Mary Kay Vyskocil of the United States District Court for the Southern District of New York, it marked the final chapter in the long and sordid affair that began in March of 2020 when more than two dozen individuals were arrested on charges related to using performance-enhancing drugs on race horses. Getting caught was the worst thing that could have happened to these cheats. The second worst was that their cases were heard by Vyskocil.

One after another, they paraded in and out of her courtroom in lower Manhattan with their excuses and mea culpas, some of which included the defendants breaking down in tears. From the judge, they asked for some compassion and some leniency. They never got any. Not a one of them.

“You cheated, you lied and you broke the law,” Vyskocil told Servis. “You did endanger the horses in your care. Luckily, they didn't break down. You tried to gain an unfair advantage. I hope you accept that, but I don't think that you do. At the end of the day, unquestionably, you undermined the integrity of horse racing.”

It was what we had come to expect from the judge. She got it. These people were lairs and cheaters who broke the law and there was no defending what they did. And they were people who put the lives of the horses they were entrusted with in danger by using potent drugs that had the capability of doing great damage to the animal. She bristled any time one of the defendants told the court how much they loved their horses.

“You also demonstrated, Mr. Navarro, a collective, callous disregard for the well-being of the horses,” she told Jorge Navarro before sentencing him to five years in prison. “The bottom line is you likely killed or endangered the horses in your care.”

She said she would have liked to give Navarro more than five years, but that was the maximum sentence she was able to hand down. Servis also got the maximum sentence. Now, Navarro is rotting away in a federal prison and, in November, Servis will begin serving his term. They got what they deserved and that's because they came before a judge who clearly understood what had transpired and how awful these crimes were.

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Servis Sentencing Delayed from May 18 to July 26

The sentencing for barred trainer Jason Servis, the final–and most notoriously prominent–defendant in the 2020 racehorse doping conspiracy scandal, was rescheduled by a judge's order on Thursday, from May 18 to July 26.

The May 4 court order got handed down four years to the date that the Servis-trained Maximum Security (New Year's Day) crossed the finish wire first in the GI Kentucky Derby. The colt was subsequently disqualified for in-race interference.

Unbeknownst to Servis at the time, federal investigators had already begun compiling a trove of wiretapped phone conversations between Servis and other now-convicted horsemen, veterinarians, and pharmaceutical suppliers, 31 of whom were arrested and charged in a series of coordinated law enforcement sweeps in March 2020.

Even after being implicated by other guilty-pleading conspirators, Servis had maintained his innocence and held out for a trial until Dec. 9, 2022.

As part of a negotiated plea deal with the government, he then pled guilty to a felony charge of misbranding and adulterating a chemical substance (described by prosecutors as similar to the bronchodilator clenbuterol but stronger), and to a misdemeanor, of misbranding and adulterating a purportedly performance-enhancing chemical called SGF-1000.

Prosecutors had alleged (and other convicted conspirators had admitted their roles in) Servis's administration of SGF-1000 to Maximum Security during the first half of 2019, when the colt rose from being a $16,000 maiden-claimer to a Grade I winner.

Judge Mary Kay Vyskocil of United States District Court (Southern District of New York) granted the sentencing date change at the request of Servis's attorney.

“I make this request for the following reasons,” attorney Rita Glavin wrote in a May 3 letter to the court. “First, the Apr. 27, 2023, Presentence Investigation Report contains numerous defense objections to certain factual assertions, as well as the Government's responses to the defense objections. Because of (i) the number of disagreements and (ii) the issues around those disagreements, the defense needs additional time to review documents and respond.

“Further, given the extent of the disagreements, the parties have scheduled time to meet and engage in a good faith effort to resolve as many disagreements as possible, such that if there remain disagreements, they can be streamlined and narrowed for the Court.

“Finally, I am lead counsel on another matter proceeding to trial in June 2023, which is why we seek a date later in July,” Glavin wrote.

The presentence investigation report is generally a public document that is available for anyone to access on the court's electronic docket. But the disputed one Servis's attorney referenced was not listed there as of deadline for this story.

Servis, 66, faces four years in prison when he is sentenced.

Prior to his plea deal, Servis had been scheduled to go on trial on two felony counts: Conspiracy to misbrand and adulterate performance-enhancing drugs, and conspiracy to commit mail and wire fraud. He would have faced 25 years in prison on those two counts if convicted.

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More Than Three Years After Original Indictments, A New Name Surfaces

In the case involving high-profile thoroughbred trainers Jorge Navarro, Jason Servis and more than two dozen others, Standardbred horseman Brandon Simpson has pled guilty to one count of drug adulteration and misbranding conspiracy for his role in a scheme to provide horses with performance-enhancing drugs.

What makes the Simpson case unusual is that his guilty plea came some three years after the original charges against Navarro, Servis et. al. were unsealed and there was no mention of Simpson's name in the indictments released at that time. Court records released this week show that Simpson came to the government's attention as early as mid-November, 2020 when the government and Simpson's attorneys agreed on a bail package. What happened over the next several months and why was Simpson's name omitted from the original indictment remain unanswered questions. The Simpson development also raises the question as to whether or not more new names will surface in the near future when it comes to those being indicted as part of the drugging scandal.

Simpson both trained and drove, winning 1,643 races as a driver and 375 as a trainer. He last drove in 2017 and it appears that around that time he accepted a job as an assistant to trainer Rene Allard. Allard is among the bigger names caught up in the scandal and is currently serving a 27-month prison sentence after he previously plead guilty to one felony count of misbranding and altering drugs.

In a particularly troubling chapter in the Allard scandal, the Federal Bureau of Investigation intercepted a phone conversation in which two other alleged conspirators discussed the deaths of horses trained by Allard after they had been given illegal drugs. One reference caught on wiretap described the trainer's operation as the “Allard death camp.”

Court documents released this week detailed Simpson's activities, which included purchasing drugs at a pharmacy in South Carolina and then shipping them to a training center located in the Southern District of New York. Simpson also, the government claims, “administered prescription drugs to racehorses under Simpson's and others' control without a valid veterinary prescription, for the purposes of enhancing the horses' race performance.”

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