After ‘Three-Plus Years Of Twists And Turns,’ Exculpatory Delivers Emotional Maiden Victory

Grace Merryman wasn't born when the Grateful Dead released its hit single Truckin' in 1970 but, boy, can she relate.

Sometimes the light's all shinin' on me

Other times, I can barely see

Lately, it occurs to me

What a long, strange trip it's been

When it comes to her 3-year-old homebred colt Exculpatory, a dramatic debut winner March 5 at Laurel Park, their journey just to get to the racetrack was as long and strange as it gets.

By Mineshaft out of the Broken Vow mare Elusory, Exculpatory was bred by Merryman and her husband Louis of Anchor and Hope Farm, located in Port Deposit, Md., and Finn's Nickel LLC. To hear Grace tell it, it was Louis' idea to breed to Mineshaft, the champion older horse and Horse of the Year in 2003.

The Merrymans went out on their own in 2017 with two stallions, and the first foal of 2018 turned out to be Exculpatory, who they lovingly referred to as Eli.

“Louis called and said, 'Hey, you've got to come see this guy. He's pretty fancy,'” Grace Merryman said. “We were head over heels with him from the get-go.”

Still, the Merrymans went ahead with their original plan to sell Exculpatory as a weanling and entered him in the book at Keeneland. Then, Grace Merryman got another, less positive, call from her husband.

“That August I'm up in Massachusetts visiting family and Louis calls. He said, 'I don't know what is going on. I think we're going to lose this colt. He is really sick,'” she said. “We did blood tests and tested for everything under the sun and nothing ever came back. I don't know if we ever really pinpointed what it was.”

Soon, Exculpatory had recovered and “looked like a million dollars – a big, robust colt.” Plans were back on for Kentucky.

“We thought, 'This is great. The plan is coming to fruition,'” Grace Merryman said. “'We'll sell him as a weanling and put a little cash in the coffers and go from there.'”

Exculpatory attracted several suitors at the sale and underwent several routine veterinary exams as part of the process.

“He had picked up some sort of virus and he flunked every scope that he got,” Merryman said. “He was quite popular and he was scoped several times and he flunked every time just because there was so much irritation. He also had a set of knees on him that looked like they belonged on two other crooked horses, so I don't think that helped matters at all.”

Louis Merryman, who had delivered Exculpatory to the sale, got back in his truck and went to fetch the horse after he didn't meet his reserve. Merryman arrived at 4 a.m., before the sales crew, loaded Eli himself without incident and settled in for the drive back to Maryland.

“Louis gets on the road with him and says, 'I don't know. This horse is really cool,'” Grace Merryman said. “'Maybe we should keep him.'”

Things were uneventful until the following March when, after a long day of work, the Merrymans were walking back to their farmhouse. Hearing a growing noise behind them, they turned to see that all their yearlings had gotten free – a gate was inadvertently left open – and needed to be rounded up.

All were quickly and safely back in place, none worse for wear – with one exception.

“The only horse with a mark on him was Exculpatory,” Grace Merryman said. “It was superficial, but three of his four legs had cuts, lacerations, scrapes – you name it, he was covered.”

Exculpatory had already been nominated to Fasig-Tipton's Saratoga selected yearling sale, and soon after the incident horsemen from the auction arrived to do their pre-inspection.

“They showed up in the morning and I was like, 'Well, here he is,' and I brought him out with three of his four legs completely wrapped,” she said. “They were like, 'Oh, he's a very nice, big-bodied colt. Maybe call when the bandages come off.' So we scrapped Saratoga.”

From there, Exculpatory was excused in the first round from the Maryland Horse Breeders Association's annual yearling show after showing up the day before “with half his hoof missing,” Merryman said. “We're like, 'Can this horse ever not maim himself?'”

Next up was the fall yearling sale at the Maryland State Fairgrounds in Timonium, but Exculpatory never made it. Like the rest of Anchor and Hope's yearlings, he was pulled from an Aug. 12, 2019 fire that destroyed the farm's main structure, a 2 ½-story barn that dated back 90 years. Damages were estimated at $500,000. No one, human or equine, was injured.

“I think we had kind of decided then that we were going to keep him,” Grace Merryman said. “After the fire, we did move all of our yearlings privately and we included him in the offerings. People would come to see him. In the morning, they'd stop to watch him because he'd be galloping around in his field with the river in the background and he just took your breath away. Then he'd walk up to the gate three-legged lame or something. We said, 'We get it. We'll keep you.'”

Exculpatory was sent to Louis Merryman's father, stakes-winning trainer Edwin Merryman, now based at Fair Hill Training Center in Elkton, Md., to get him ready to race. Grace Merryman said her father-in-law's experience and horsemanship were invaluable.

“He gets the lion's share of the credit for getting this horse going. He broke him and he got him going. He let the horse grow into himself and develop and did all the groundwork to get him the foundation that he has,” she said. “I could never get too much out of him about how much he liked him but he'd always just say to placate his owner, 'He's a very nice horse. He's training well.'”

A guttural pouch infection kept Exculpatory from launching his career in December and it was around Christmas, the time when Fair Hill closes its main track, when Edwin Merryman suggested his daughter-in-law move a horse of his size to train over a dirt surface rather than the all-weather Tapeta, which is used year-round.

Merryman called Mark Reid, who she worked for at age 21 fresh out of college, and who is stabled at Pimlico Race Course. They talked about getting Exculpatory started at Laurel the first part of January.

“We get him down to Pimlico and Mark kind of goes over him and said, 'I think he might have lost too much fitness in his down time from the guttural pouch infection, I think we should search for a different race,'” Merryman said. “I said, 'OK.'”

Exculpatory was entered to make his debut in early February at Laurel but was withdrawn after spiking a fever when his infection flared up again. Another race Feb. 20 was scrapped when Eli had his gate card revoked.

“He'd been training great, he had managed to not hurt himself, and the gate crew calls,” Grace Merryman said. “They said, 'Hey, it's been a while since this horse has popped out of the gate. Can you just run him over for us so we can see him?

“Mark says OK, takes him over there, and he flunks big-time. He sucked back in and bolted out and veered off to the side and they said, 'Nope. He can't start on the 20th,'” she added. “On his next gate work he broke in company and broke like a dart, so they gave him his gate card back.”

Exculpatory finally made the races March 5, drawing the rail against seven other 3-year-olds – six of which had already run – in the 5 ½-furlong maiden special weight. He broke last and found himself lost and fighting kickback in the early going. He and jockey Sheldon Russell had one horse beat at the top of the stretch.

“In a 5 ½ [furlong] race he was 10 back in the stretch and I turned around to face the building,” Grace Merryman said. “I went down for the race. I was like, 'Oh my God, after all of this. After all this hype, he's going to be last.'”

It was easy to see when the light went on for Exculpatory. He gathered his stride in mids-stretch and Russell found himself with plenty of horse, little room and time running out. They carefully weaved through traffic down the lane and came with one final burst approaching the wire to win by a half-length as the betting favorite.

“Sheldon said that it definitely took him a minute to figure out that they were running and racing and then he started getting pelted pretty good with all the dirt and was kind of trying to jump over it,” Grace Merryman said. “But, once Sheldon was able to get him focused and in the race and in the groove he said Exculpatory exploded underneath him and, at that point, Sheldon was just trying to find a hole for him to get through.

“It was three-plus years of twists and turns,” she added. “We usually don't keep any of our yearlings. We try to get them out in the universe. Most of them are by our stallions and we want to get them out there, but he's just always been special to us and all the circumstances of what we've been through with him, particularly the fire, is just really neat for us to have our homebred, that we've been so head over heels for from the get-go, to do that for us. Definitely a morale boost to keep fighting the fight.”

In perhaps the ultimate twist, Merryman said following Exculpatory's win she has fielded offers to purchase the colt.

“A couple phone calls inquiring about him, which is funny. I've been trying to sell him since I knew he was coming and now there's people interested,” she said. “It's going to be a really hard thing for me to contend with offers coming in. We'll see what happens. I think anyone should know that wants to make an offer on him that I'm going to have to stay in for a little piece. This horse just means too much to us and I think I would be devastated if he was completely gone from us.”

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Shackled Love, Maythehorsebwithu Could Have Rematch In Federico Tesio

Shackled Love and Maythehorsebwithu, separated by half a length in Saturday's $100,000 Private Terms at Laurel Park, could wind up meeting again for their next starts in the April 17 $125,000 Federico Tesio at the Laurel, Md., racetrack.

The 1 1/8-mile Tesio, headlining a program of seven stakes worth $750,000 in purses, once again serves as a 'Win and In' qualifier for Triple Crown-nominated horses to the $1 million Preakness Stakes (G1) May 15 at Pimlico Race Course.

Neither Shackled Love nor Maythehorsebwithu were among the 326 horses nominated to the Triple Crown for $300 by the initial Jan. 23 deadline. Horses can be nominated again by Monday, March 29 for a $6,000 fee.

Trainer Gary Capuano said that ZWP Stable, Inc. and Non Stop Stable's Maryland homebred Shackled Love, a son of 2011 Preakness winner Shackleford, emerged from the race well. It was the first stakes attempt for the bay gelding, who was the second-longest shot in the seven-horse Private Terms at odds of 21-1.

“He's good. He came out of the race good. It was a good race, a good effort,” Capuano said. “He's a good-feeling, nice kind of horse. He's definitely been improving quite a bit.

“It's amazing how things sometimes work out,” he added. “We stuck him in and looked at the race. His numbers fit with the race and he's been improving, so it was worth taking a shot. He had a good post position, the whole thing. It looked like he could be competitive in there if he ran his race.”

After winning in debut last fall at Delaware Park, Shackled Love had lost four straight races with back-to-back seconds entering the Private Terms. He pressed pacesetting even-money favorite Maythehorsebwithu from the gate, took a narrow lead in mid-stretch and dug in to the wire.

“He had been training good. It was a solid field and his numbers had been improving each race even though he's been beat,” Capuano said. “He got beat by a couple of those but he's been improving and training well, so it was worth taking a shot at it. We would have liked going through another condition first, but it works out better this way. If you're going to lose your condition you might as well lose it in a stake for $100,000. It's all good.”

Next up for Shackled Love is the Tesio, a race Capuano won in 2003 with Cherokee's Boy, also bred and owned by ZWP Stable. Cherokee's Boy won 19 times, 14 in stakes including the 2005 Salvator Mile Handicap (G3), from 48 starts and more than $1 million in purse earnings, and ran eighth in the Preakness.

“I would think so, as long as he comes out of race good and trains good. I don't see why we wouldn't,” Capuano said. “There's no other races for 3-year-olds, you have to run in a stake anyway. He's in the same boat as Shackqueenking and Brittany's horse. You have to run in the stake or you don't run for a while.”

Pocket 3's Racing's Shackqueenking, nose winner of the 1 1/16-mile Howard County to cap his juvenile season, moved into a contending position on the far turn but was unable to gain any ground and wound up fourth, beaten a total of 3 ½ lengths.

“He ran good. He just hung there the last part. He had every opportunity turning for home, but the other two they were just running comfortable,” Capuano said. “He's got a tendency to hang a little bit the last eight of a mile anyway, so we tried to get him moving so we could get some momentum and he did that but then he just kind of hung there the last part. He got beat three or four lengths which wasn't terrible.”

Michael Dubb and Bethlehem Stables' Maythehorsebwithu was making his two-turn debut in the about 1 1/16-mile Private Terms off a dominant four-length score over multiple stakes winner Kenny Had a Notion – trained by Capuano's older brother, Dale – in the one-mile Miracle Wood Feb. 20.

Ridden by Sheldon Russell, Maythehorsebwithu set a pace of 23.97 and 47.44 seconds before grudgingly yielding the lead, then came back on again after being passed.

“I thought he had him and then you see Gary's horse like, 'No, not now. I've got you.' It was a good horse race. You have to give them both a lot of credit. They both ran big,” trainer Brittany Russell said. “Absolutely, we're delighted. Another big effort. He's consistent and he runs hard every time, so what's not to be happy about?”

Maythehorsebwithu has done his best running at Laurel, with two wins and two seconds from four starts. He was beaten a neck by Kenny Had a Notion in the seven-furlong Spectacular Bid Jan. 16 to kick off his sophomore season and is also headed toward the Tesio.

“More than likely. We'll get him back to the track and see how he is. I'm definitely going to give him an easy couple weeks here, if he allows it,” Brittany Russell said. “This morning, he was laying down in his stall. He was exhausted. That's probably the first time I've noticed him do that after a run. We'll just let him kind of catch his breath and make a plan, but why wouldn't we try? He's doing nothing wrong in the afternoon.”

Russell reported that Madaket Stables, Ten Strike Racing, Michael Kisber and Black Cloud Racing Stable's Whereshetoldmetogo was doing well after opening his 6-year-old campaign with a victory in Saturday's $75,000 Not For Love for Maryland-bred/sired horses that marked his third consecutive win, all in stakes.

Despite never switching over to his right lead, Whereshetoldmetogo ran six furlongs in 1:09.82 to win the Not For Love by 2 ½ lengths as the 1-5 favorite in a field of seven.

“He's the greatest. We love him. He ran so good. It's tough because you watch these races sometimes where you're the heavy favorite like that and it just seems like you're not a lock,” Russell said. “Things can happen. Regardless, he steps up and gets the job done. Left lead and all, he did it.”

Next up for local sprinters is the $100,000 Frank Y. Whiteley going seven furlongs on the Tesio undercard April 17. Whereshetoldmetogo won the Whiteley, contested at six furlongs and rescheduled to Nov. 28 amid the coronavirus pandemic.

“I haven't spoken to anybody yet but I would love to keep him home,” Russell said. “He obviously likes it here, and keep a good thing going.”

Joel Politi's Littlestitious, a determined half-length winner of Saturday's $100,000 Beyond the Wire for 3-year-old fillies, remains at Laurel after shipping in from Louisiana for trainer Tom Amoss to earn her second career stakes victory.

Laurel has been under restrictions after a horse tested positive for the equine herpesvirus March 8, but no additional cases of EHV1 have been identified by the Maryland Jockey Club.

“She came out of the race in good shape. I spoke to the barn early this morning. We're trying to determine what stage we're in with the herpes [virus],” Amoss said. “That's going to have a lot to do with what our plans are. We know that we're there for another week, minimum with the horse, but that's just a logistics thing.

“Other than that, she came out of the race in good shape. We're really pleased with the way she ran. We think that there's a real future there as the races go a little further in distance and she transitions back to two turns, which is what we're going to do in the next start.”

The next local race for 3-year-old fillies is the $125,000 Weber City Miss, contested around two turns at about 1 1/16 miles April 17 and an automatic qualifier to the $250,000 Black-Eyed Susan (G2) May 14 at Pimlico.

Littlestitious, under Sheldon Russell, came with a steady run down the center of the track after tracking pacesetting favorites Street Lute and Fraudulent Charge, and edged the latter in the final sixteenth of a mile to win by a half-length. Street Lute, a six-time stakes winner including five in a row, wound up third as the 3-5 favorite in her first race beyond seven furlongs.

“I had great respect for the favorite in that race. I mean, what a record she had going in. I did not know how the race was going to play out [but was] confident in the sense that I thought our horse would run her race, but whether it was good enough against the other horses there, that was unclear,” Amoss said. “Watching the race unfold and watching the way she ran, I give a great deal of credit to the rider. He rode her really, really well.”

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Shackled Love Gives Jockey Charlie Marquez First Stakes Win In Private Terms

ZWP Stable and Non Stop Stable homebred Shackled Love pressed Maythehorsebwithu from the gate, forged a narrow lead in mid-stretch and dug in gamely when the even-money favorite surged again near the wire to spring a 21-1 upset of Saturday's $100,000 Private Terms at Laurel Park.

The 32nd running of the Private Terms at about 1 1/16 miles is the second step in Laurel's series of stakes for 3-year-olds following the one-mile Miracle Wood Feb. 20 and preceding the 1 1/8-mile Federico Tesio April 17, a 'Win and In' qualifier for Triple Crown-nominated horses to the 146th Preakness Stakes (G1) May 15 at Pimlico Race Course.

A gelded bay son of 2011 Preakness Stakes (G1) winner Shackleford, Shackled Love ($45.60) completed the distance in 1:43.56 over a fast main track to become a stakes winner in his first try. It was also the first career stakes win for rider Charlie Marquez, Maryland's leading apprentice of 2020 who turned 18 Jan. 25.

“I'm just so excited. I'd like to thank the trainers and owners and everybody that's gotten me here from when I first started,” Marquez said. “I'm lost for words. I don't really know what to say.”

Shackled Love was a late addition to the Private Terms field, having been entered for a race March 12 before the program was cancelled as a precaution after a horse at Laurel tested positive for EHV-1. Trainer Gary Capuano also saddled stakes winner Shackqueenking, another son of Shackleford.

“He ran such a game race last time out and he ran a pretty decent number. He's got some staying power, so we thought we'd take a shot,” Capuano said. “He drew a good post and there was nothing coming up right away. He's got some talent.”

Maythehorsebwithu, a four-length winner of the Miracle Wood trying two turns for the first time, got out quickly and assumed the lead from Post 2, going the opening quarter-mile in 23.97 seconds and the half in 47.55 with Shackled Love at his right hip. Shackqueenking ranged up into a contending spot in third around the turn racing on the far outside but was unable to keep up with the top two as they straightened for home.

“I expected to be close. The inside, Sheldon Russell, I thought he was going to be close and I thought my outside had a little bit of pace [Zertz],” Marquez said. “We were walking up front, so I wanted to push the pace a little bit and give my horse the confidence that he needed.”

Shackled Love stuck a head in front at the top of the stretch but jockey Sheldon Russell and Maythehorsebwithu was stubborn on the inside and came back for more, grudgingly giving way in the final yards. It was two lengths back to Excellorator in third, with Shackqueenking fourth by another length.

Zertz, Royal Number and Commodore Perry competed the order of finish.

“The race kind of set up the way we thought. We thought Sheldon on the inside was going to show some speed, and we had speed. It was just [Zertz], we didn't know what he was going to do,” Capuano said. “We thought that the pace would set up just about like that. Shackqueenking had a good shot turning for home and he just kind of hung. The other two just kind of kicked on.”

Shackled Love broke his maiden in debut last fall at Delaware Park but had lost his last four races, all at Laurel, beaten in separate entry-level optional claiming starts in December and January by Maythehorsebwithu and Royal Number. The Tesio in five weeks is a likely landing spot.

“I think so,” Capuano said. “As long as he comes back good, we'll try that.”

Private Terms raced in the colors of Mr. and Mrs. Stuart Janney's Locust Hill Farm, winning 12 races, nine stakes and more than $1.2 million from 1987-89 including the 1988 Federico Tesio (G3) and Wood Memorial (G1) and 1989 Mass Cap (G2). His track record of 1:47 1/5 in winning the 1989 Never Bend Handicap at Pimlico still stands. He sired Grade 1-winning millionaires Soul of the Matter and Afternoon Deelites.

Notes: Jockey Sheldon Russell scored a natural hat trick Saturday with Littlestitious ($10.20) in the $100,000 Beyond the Wire, Glory March ($4) in Race 4 and Whereshetoldmetogo ($2.40) in the $75,000 Not For Love. Both Whereshetoldmetogo and Glory March are trained by his wife, Brittany Russell … Five-pound apprentice Charlie Marquez doubled aboard Six Pack Sara ($6.20) in Race 2 and Shackled Love ($45.60) in the $100,000 Private Terms … Jockey Victor Carrasco also won twice, with Cordmaker ($8.60) in the $100,000 Harrison E. Johnson Memorial and Kiss the Girl ($6) in the $75,000 Conniver … There will be a jackpot carryover of $13,587.89 in the 20-cent Rainbow 6 for Sunday's nine-race program (4-9). Multiple tickets with all six winners Saturday each returned $282.58.

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Panamanian Alexander Chavez Rides First U.S. Winner At Laurel

Corrales Racing's Car Lady accelerated through an opening along the rail and sped off with a last-to-first victory in Saturday's opener at Laurel Park in Maryland, giving jockey Alexander Chavez his first win in the United States.

Bred by Andy Stronach and trained by owner Jose Corrales, Car Lady ($7) ran 1 1/8 miles in 1:52.22 over a fast main track to win the claiming event for older fillies and mares by 7 ¾ lengths, her second career victory.

Chavez, 22, had been riding at Presidente Remon racetrack in his native Panama before coming to the U.S. Car Lady, a 4-year-old daughter of Grade 1 winner Colonel John, was his first mount.

“It was a dream to be able to ride in the United States, and today the dream came true,” Chavez said through an interpreter. “It feels very good. I am very happy.”

Car Lady trailed the field through a half-mile, saving ground on both turns as Walk It Out Nanny posted splits of 24.40 and 49.49 seconds. Chavez stayed patient nearing the stretch and put Car Lady in cruise control as they opened up on their rivals once in the clear.

“The whole way around I felt like I could win the race,” Chavez said. “I had plenty of horse.”

In his only other mount Saturday, Chavez finished fourth on Corrales owned-and-trained Tatica, a 30-1 long shot, in Race 4, a 5 ½-furlong maiden claimer for 3-year-old fillies. He is named in three of nine races Sunday at Laurel, all for Corrales.

Chavez said he began riding horses at age 8 and was introduced to the track by a former jockey in Panama, ultimately attending its famed Laffit Pincay Jr. riding academy. An uncle at home was friends with fellow Panamanian Corrales, leading to their introduction.

“I was watching the races in Panama and loved Laurel Park, so I came directly here,” Chavez said. “Jose is the first trainer to help me here, but I would love to ride for everybody.”

“I love it here,” he added. “My dream is to stay here and do well.”

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