Weekly Stewards And Commissions Rulings, Sept. 5-11

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.

The TDN also posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These include decisions from around the country.

California
Track: Del Mar
Date: 09/10/2023
Licensee: Antonio Fresu, jockey
Penalty: One-day suspension
Violation: Exceeding number of designated race rides
Explainer: Jockey Antonio Fresu is suspended for 1 additional suspension day (October 14, 2023) pursuant to California Horse Racing Board rule #1766 (Designated Races – participated in more than one designated race on September 9, 2023).

NEW HISA/HIWU STEWARDS RULINGS
The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity & Welfare Unit's “pending” and “resolved” cases portals.

This does not include 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
Colonial Downs
Ismerio Villalobos – violation date Sept 8; $250 fine but no further records of the ruling

Horseshoe Indianapolis
Miguel Angel Perez – violation date Sept 6; $250 fine but no further records of the ruling
Richard Edgardo Eramia – violation date Sept 6; $250 fine but no further records of the ruling

Remington Park
Jane Pamela Elliott – violation date Sept 5; $250 fine but no further records of the ruling

Pending ADMC Violations
Date: 08/17/2023
Licensee: Norm Casse, trainer
Penalty: Pending
Alleged Violation: Intra-articular injection
Explainer: A possible violation of Rule 3314–Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method–on the horse, Mo Flight. This is also a possible violation of Rule 4222–Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 08/13/2023
Licensee: Jennifer Nunnally, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Seraphimzale. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/12/2023
Licensee: Robert Klesaris, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Battalion, who won at Laurel Park on 8/12/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/10/2023
Licensee: Carlos Lopez, trainer
Penalty: Pending
Alleged Violation: Intra-articular injection
Explainer: A possible violation of Rule 3313–Use or Attempted Use of a ControlledMedication Method and/or Controlled Medication Substance during the Race Period–on the horse, I said Hey. This is also a possible violation of Rule 4221–Alkalinization or Use of an Alkalinizing Agent (TCO2)

Date: 08/10/2023
Licensee: Carlos Lopez, trainer
Penalty: Pending
Alleged Violation: Intra-articular injection
Explainer: A possible violation of Rule 3313–Use or Attempted Use of a ControlledMedication Method and/or Controlled Medication Substance during the Race Period–on the horse, Brodytheoxman. This is also a possible violation of Rule 4221–Alkalinization or Use of an Alkalinizing Agent (TCO2)

Date: 08/08/2023
Licensee: Michael Pappada, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Tapentadol–a banned substance–in a sample taken from Truckin Tommy, who finished third at Presque Isle Downs on 8/8/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 08/06/2023
Licensee: Cesar De Alba, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Dexamethasone–Controlled Medication (Class C)–in a sample taken from Scary Fast Smile, who finished seventh at Del Mar on 8/6/23. This is a possible violation of Rule 3312–Presence of a Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 08/04/2023
Licensee: Devarus Douglass, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Pickle Feet. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/04/2023
Licensee: Jaime Cruz, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Detomidine–Controlled Medications (Class B)–in a sample taken from Animal Princess, who finished third at Delaware Park on 8/4/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/03/2023
Licensee: James Toner, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Commandeer, who won at Colonial Downs on 8/3/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/18/2023
Licensee: Jeffrey Englehart, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Acepromazine–Controlled Medications (Class B)–in a sample taken from Wait A Minute. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/14/2023
Licensee: Carla Gaines, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Acepromazine–Controlled Medications (Class B)–in a sample taken from Summer Lake. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/01/2023
Licensee: Domenick Schettino, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Levamisole–Controlled Medication (Class B)–in a sample taken from Fast Study, who finished second at Belmont Park on 7/1/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 06/18/2023
Licensee: Chris Allen Hartman, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Acepromazine–Controlled Medications (Class B)–in a sample taken from Necker Island, who won at Ellis Park on 6/18/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolved ADMC Violations
Date: 08/04/2023
Licensee: Jorge Maravilla, trainer
Penalty: 7-day period of Ineligibility, beginning on September 12, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points.
Explainer: For the presence of Gabapentin–Controlled Medications (Class B)–in a sample taken from Stretch Run, who finished seventh at Santa Rosa on 8/4/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/29/2023
Licensee: Andy Mathis, trainer
Penalty: Disqualification of the Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a $500 fine; imposition of 1.5 Penalty Points.
Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Like No Other, who finished eighth at Del Mar on 7/29/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/13/2023
Licensee: Christophe Clement, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points.
Explainer: For the presence of Dantrolene–Controlled Medications (Class C)–in a sample taken from My Royal Vow. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/09/2023
Licensee: Jackie Riddle, trainer
Penalty: Disqualification of the Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a $500 fine; imposition of 1.5 Penalty Points.
Explainer: For the presence of Methocarbamol–Controlled Medication (Class C)–in a sample taken from Drinkroundthetruth, who finished second at Ruidoso Downs on 7/9/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers.

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Saturday’s Cross Country Pick 5 Pays $3,774 To Winners

Saturday's Cross Country Pick 5 featuring action from four tracks paid $3,774.50 for selecting all five winners for the 50-cent wager. The total pool was $53,291 for the sequence that included races from Monmouth Park, Woodbine Racetrack, Ellis Park, and historic Saratoga Race Course in Saratoga Springs, N.Y.

Monmouth, located in Oceanport, New Jersey, kicked things off when Dream About Me defeated favorite Endless Front by a half-length in a 1 1/16-mile maiden turf contest for fillies and mares 3-years-old and up in Race 8. Trainer by Jimmy Toner and ridden by Isaac Castillo, Dream About Me rallied from seventh to complete the course in a final time of 1:45.48. She paid $13.20 on a $2 win wager.

Woodbine's Race 7 saw Hazelbrook record a 1 3/4-length win under Jason Hoyte in a 6 1/2-furlong maiden claiming contest for fillies and mares 3-and-up on the all-weather track. Hazelbrook, conditioned by Lorne Richards, paid $5 as she posted a final time of 1:16.42 at the Rexdale, Ontario-based course.

Action switched back to Monmouth for the wager's biggest upset when Trilogy edged Strong Breeze by a head to win a 5 1/2-furlong turf sprint for 3-years-old and up at 18-1 odds for trainer Ronald Abrams. Trilogy, piloted by Nik Juarez, returned $39.40. The Northern Afleet gelding posted a final time of 1:05.73.

Ellis Park was the site of the lone favorite to post a victory when Amiche won by 1 1/2 lengths in a one-mile turf maiden race for fillies and mares 3-and-up in Race 8. Trained by Cherie DeVaux and ridden by Brian Hernandez, Jr., Amiche went gate-to-wire in clocking in at 1:35.06 at the track in Henderson, Kentucky. She paid $3.60.

Baby Yoda closed the sequence at the Spa with an impressive 4 1/4-length win in a 6 1/2 furlong main track allowance sprint in Race 10. Trained by Hall of Famer Bill Mott, Baby Yoda, under Jose Ortiz, surged to the wire in 1:14.33, returning $14.40. Baby Yoda earned a 114 Beyer Speed Figure for the win.

The minimum bet for the multi-track, multi-race wager is 50 cents. Wagering on the Cross Country Pick 5 is also available on track, on ADW platforms, and at simulcast facilities across the country. Every week will feature a mandatory payout of the net pool.

The Cross Country Pick 5 will continue each Saturday throughout the year. For more information, visit NYRABets.com.

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Toner Has High Expectations For Seasons Ahead Of Saturday’s Boiling Springs Stakes

Jimmy Toner thought enough of Seasons as a 2-year-old last year that he tried the Tapit filly in a Grade 1 race in just her second career start. And that was Plan B, said the veteran trainer.

Plan A was the Breeders' Cup, a goal that never materialized.

Now he has the Kentucky-bred filly embarking on her second start at 3, still convinced that her potential and talent could lead to something special. Seasons, who has only raced on turf in her three career starts, will be on the grass again for Saturday's $75,000 Boiling Springs Handicap, the feature race on Monmouth Park's 12-race card.

The Boiling Springs, at a mile and a sixteenth, has attracted a field of seven 3-year-old fillies.

“After she broke her maiden in her first start at Saratoga last year (in a Maiden Special Weight race at a mile and a sixteenth on the turf on Aug. 9) we were trying to make the Breeders' Cup with her,” said Toner. “The way it turned out the options that were there left us with option B. There was another race at Saratoga but it was too close to her first one. So we sent her to Woodbine for the (Grade 1) Natalma. She ran a bang-up third.

“After that she came up with some minor issues and we just couldn't make it to the Breeders' Cup. So we gave her time off. Next thing you know we look up and it's May, so we had to get started on her again.”

Seasons, out of the multiple Grade 1-winning turf mare Winter Memories, returned with an impressive second-place finish in the Hilltop Stakes at Pimlico on May 14, beaten a neck after stumbling badly at the start and rallying from 10th.

“She ran a huge race that day,” said Toner. “She went down to her nose at the break and finished well. She just missed. It really was a big race.

“She's a quality filly. We're trying to get black type with her and hopefully we can in this race.”

Owned by LNJ Foxwoods and Phipps Racing Partnership (her breeder as well), Seasons has trained sharply at Fair Hill Training Center in Elkton, Md. for this start. Paco Lopez has the mount.

“She came out of her last race good and she has been working great,” said Toner. “She has a presence about her. Most good horses do. It's their awareness about everything. And she has done everything right.

“We wanted to make sure she had enough time between races and this was the perfect spot to come back in. We're looking for a good effort and hopefully she runs well.”

Toner has started just three horses at the meet so far but has won with one, with Traffic Song prevailing in a Maiden Special Weight race. Two years ago, the veteran conditioner won the Grade 1 United Nations with Hunter O'Riley and the Cliffhanger Stakes with Hawkish at Monmouth Park.

Miss Leslie, Orbs Baby Girl, Shantisara, Ravir, Marlborough Road and Por Que No round out the field for the 42nd edition of the Boiling Springs. Shantisara, trained by Chad Brown, will be making her U.S. debut.

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Breeders’ Cup Presents Connections: Kimmel Acknowledges Bittersweet Start To 2021

The racing results from Jan. 23 were bittersweet for veteran trainer John Kimmel. He sent out Pacific Gale to the first graded stakes win of her career at the age of six, but Kimmel was unable to celebrate the mare's win with his close friend and her late owner, Mike Morton.

Morton passed away suddenly in December, collapsing in the middle of the night. He'd had horses in Kimmel's barn for over seven years, and the two grew particularly close after the death of Kimmel's own father in 2018.

“He was almost like a father figure for me in many ways,” said Kimmel, 66. “He had more experience than me in so many things, and he always had a story to tell. He loved talking, this guy, and we talked pretty much every day for the last seven years.

“You always knew it wasn't going to be a short call when the phone rang, but he was such an interesting man. He grew up in the Bronx with nothing, came from pretty much nothing. Each of our conversations usually came accompanied by some sort of story of something he did as a kid, like being a bat boy for the Yankees, or having polio.”

Morton had purchased Pacific Gale for $72,000 at the 2017 OBS 2-year-old sale, and it took several years for the filly's talent to show up on her resume. Racing under the name of Morton's wife, Tobey, Pacific Gale usually finished on the board in her races but had only three wins from 27 starts entering Saturday's contest at Gulfstream Park.

This time, however, the daughter of Flat Out stepped up to win the G2 Inside Information by 2 ¾ lengths.

“I'm sure he's looking down and I hope he had a big bet,” said Kimmel shortly after the race. “He loved to bet on his horses and it's a very generous price she has on the board (16-1). My congratulations to Tobey. I know it's a difficult time but hopefully this filly can put a smile on her face.”

Later in the same afternoon, Kimmel watched via simulcast as his assistant saddled Chester and Mary Broman's Mr. Buff for an easy win in the Jazil Stakes at Aqueduct. Now a 7-year-old gelding, Mr. Buff has won 16 of his 43 lifetime starts for earnings of nearly $1.3 million.

“He's probably the winningest horse I've ever trained,” said Kimmel. “It's a great story in its own right: I also trained his grandsire and sire, and for all the expensive stud fees Mr. Broman has paid in his breeding program, the fee to breed Mr. Buff was one dollar.”

Kimmel trained Friends Lake to win the 2004 Florida Derby, then his son, Friend or Foe, to win a trio of New York stakes races. Both were Broman homebreds, but the owner/breeder did not want to support another stallion in New York, so Friend or Foe was sent to a woman in Maryland to become a jumper on the condition that Broman could breed three mares a year to him for $1.

One of the first mares Broman sent to Friend or Foe was the graded stakes-placed Speightful Affair (Speightstown).

Mr. Buff was foaled in 2014, and while he's yet to add a graded stakes score to his tally, the gelding is regularly competitive in the older dirt division. Kimmel thinks it's just a matter of time before Mr. Buff wins his first graded race, but that it will require sticking to the race tactics that have worked for the horse.

“I think the main thing is that whoever's ridden him on those days has been so concerned about being on the lead, but really the most important factor with him is that when he breaks he needs to find his own rhythm, really drilled it into (jockey) Kendrick (Carmouche's) head. If you take him out of the comfort zone he seems to run out of gas, and he has a much harder time changing his leads.

“Last race he sat back, and his lead transition turning for home was perfect. I think in the future that if whoever's riding him will apply that concept, he certainly runs races that are fast enough that he can be competitive in graded stakes races.”

Of course, Kimmel has been in the racing game long enough to know that talent isn't always enough to win races. Still, he wouldn't change his decision to abandon his veterinary practice for a trainer's license 30 some-odd years ago.

“Unless you were actually involved in a specialty of some sort, like surgery or reproduction, working at the track as a vet just became extremely routine,” said Kimmel, who graduated from the University of Pennsylvania School of Veterinary Medicine in 1980. “I could train my assistant to do about 95 percent of the work; there was very little challenge and very little reward.

“As a trainer, every day is different. There may be lots of disappointment, but there are also lots of rewards, lots of positive things that keep you energized and involved.”

Telling his father, legendary Thoroughbred owner Caesar Kimmel, about his decision to step away from veterinary medicine was another matter entirely.

“Jimmy Toner was training my dad's horses then, and I think he wanted to test out my ability level before he even sent me a horse,” Kimmel remembered. “As time went on he got Jimmy to send me a horse he didn't think much of, Chachi Man, and I won with him first time out at Calder. Eventually he started to believe I knew what I was doing, and we had a really good run for quite some time.

“It was quite an enjoyable thing to work with your father; I couldn't get fired!”

Among the pair's best horses together were G2 Pennsylvania Derby winner Timber Reserve, G1 winner Flat Fleet Feet, G1 winner Hidden Lake, and G2 winner Miss Golden Circle.

“He really enjoyed the horse racing business; it was his favorite thing to do,” Kimmel said of his father. “He used to sit in his office at Rockefeller Plaza writing names down that he thought he could get by The Jockey Club. Ed Bowen was over there, and they always had a funny relationship.

“They interviewed him on television one time, and they wouldn't even let him say some of the names of his horses! It was a lot of fun back then, but it was a very different time, of course.”

One of the horses most often attributed to Kimmel's father's penchant for risque names is the filly Bodacious Tatas. In fact, she was actually owned by the younger Kimmel in partnership with Dennis Drazin.

“Dennis named that horse,” Kimmel said, laughing. “We put that name in at The Jockey Club for three consecutive years, and finally bingo, it went through.”

The 1985 filly was sired by Distinctive Pro, a son of Mr. Prospector in which the younger Kimmel and Drazin had purchased a share. The young partners had wanted to buy a share in Mr. Prospector himself several years earlier, but Kimmel had been unable to convince his father of the horse's stallion potential.

“You see how that worked out,” Kimmel quipped.

When the chance to have a share in one of his sons arrived, Kimmel and Drazin jumped on it with both hands. They bought a few mares to breed to him, including the dam of Bodacious Tatas, Key to Paree.

Bodacious Tatas won her debut at Monmouth Park, encouraging Drazin to bring in a couple of his friends. They paid $100,000 for half-interest in the promising, provocatively-named filly.

“The first time the two new owners come to the races, of course it's a rainy, horrible day,” Kimmel recalled. “Bodacious ran bad, and I remember jockey Craig Perret came back and said, right in front of the new owners, 'Nope, it's not the track, she's just a piece of sh*t.'

“She ran one bad race after another after that, and eventually the two owners wanted us to buy them out. We did, and then ended up sending her to New York for longer races with wider turns, and she must have won by 10 lengths the first time up there!”

The next year, Bodacious Tatas easily defeated the favored mount of Perret in Monmouth's G2 Molly Pitcher Handicap at odds of 13-1. The filly wound up earning over $430,000 on the track.

These days, Kimmel's numbers are down from the 100-plus horses he had in the barn 20 years ago, but he still maintains an active group of approximately 40 horses split between New York and South Florida over the winter months.

“I've done a little bit of everything, from breeder to pinhooker, vet, bloodstock agent, consignor, and even hotwalked back when I was a kid,” Kimmel said. “I like to be really hands on, and I think I have past performances that are not paralleled by too many people in the business, with 10 Grade 1 winners I developed.”

Perhaps part of Kimmel's longevity in the Thoroughbred business can be attributed to his commitment to physical activity. His alarm goes off at 4:15 a.m. each morning, and he spends most of the day at the barn or riding the stable pony on the track. Still, Kimmel finds time to go biking or swimming several afternoons each week.

During the winter he spends dark days fishing on his boat, and he takes special care to plan an annual vacation that includes skiing by helicopter.

“I'm in my mid-60's, but I think I have another trip or two left in my bones,” Kimmel said. “At a resort, you can ski fresh powder maybe one or two times before it gets all tracked up. When you're going into untouched country by helicopter, you can ski powder run after run after run.”

Age is just a number, after all.

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