Mike Marten | Horse Racing Free Tips

Southern California Jockey Fresu Suspended 32 Days for Whipping Violations

Jockey Antonio Fresu, currently second in the jockey's standings at Del Mar with 31 wins, has been suspended a total of 32 days by the California stewards for overuse of the whip. Fresu's suspension runs from Sept. 8 through Oct. 9. He was also fined $1,242.

The suspensions came in the form of six separate rulings from the California Horse Racing Board, including two issued Sept. 4. According to CHRB spokesman Mike Marten, while the CHRB issued the rulings, it was only enforcing rules set forth by the Horse Racing Integrity and Safety Authority (HISA). Fresu's agent Tom Knust said an appeal will be filed with HISA on Thursday.

The Daily Racing Form was the first to report the story.

Fresu is from Italy and began riding in Southern California in late April.

Under HISA rules, a jockey is limited to six strikes of the whip and only in increments of two strikes at a time. For each violation, a jockey is given points according to how many times he or she went over the six-strike limit.

“I am new in the country and where I rode before, you can use the crop more times,” Fresu said. “When I came here, I needed to change my style and keep count. Most of the times, I was just one over the limit. It's not so easy to keep count, especially when you are fighting for a win and are head to head with another horse. It's my own fault. The other jockeys adapted to these new rules. In the last couple of weeks, it happened three times in three days and I won every one of those races by a nose. It shouldn't have happened, but I don't think it's really fair. It's not like you're riding in a way where you get other people in trouble or in a bad spot. It's not doing something dangerous. So I think the penalty is a little harsh. Still, I want to change and I want to improve. I want to do my best and not make mistakes like this anymore.”

In the Sept. 4 ruling, Fresu was suspended 15 days for compiling 18 violations points. He was given another seven days in a Sept. 1 ruling for another 15 violations points and in an Aug. 31 ruling, he was suspended seven days for having 12 points. He was also given three one-day penalties for three other rides at Del Mar in which he violated the whip rules.

The days are served as calendar days and not racing days and Fresu will be allowed to ride in some designated stakes races during his suspension.

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Jamgotchian Sues CHRB Over Name Controversy

Thoroughbred owner Jerry Jamgotchian, who has a decades-long history as both a plaintiff and defendant in lawsuits involving horse racing entities, went after the California Horse Racing Board (CHRB) in federal court on Monday, claiming that his constitutional and civil rights were violated when the stewards at Los Alamitos Race Course denied entry to one of his horses this past summer over its purportedly controversial name.

Although the Oct. 17 United States District Court (Central District, Southern Division) civil complaint puts forth a legal argument based on whether the horse Malpractice Meuser (GB) {Helmet (AUS)}had the proper registration documentation to be allowed to race, the subtext of the case is predicated on claims that Jamgotchian's naming of the horse allegedly equates to intentional trolling or harassment of a Kentucky-based lawyer who shares that surname.

And even though that attorney was not specifically referenced in any of the court documents filed by Jamgotchian, the Louisville Courier-Journal reported as far back as May 28, 2021, that a court battle was brewing over Jamgotchian's desire to name horses that allegedly “tweak” the well-publicized legal troubles of trainer Bob Baffert.

At that time, reporter Tim Sullivan wrote that “Jamgotchian wants to call one of his colts Bad Test Bob-a jab at Baffert's recent rash of drug positives.” He also reported that Jamgotchian had paid “$1,000 to challenge the Jockey Club's refusal to sanction Malpractice Meuser, a name previously approved in the United Kingdom and inspired by one of Baffert's attorneys, Michael Meuser.”

As Jamgotchian stated in that Courier-Journal story, “As soon as we get through this, I'm going to federal district court and filing a civil rights action…And they're going to get smoked.”

Now, nearly a year and a half later, Jamgotchian has followed through on that threat of litigation, with the CHRB as the defendant. The colt's breeder, Theta Holding I, Inc., is a co-plaintiff.

The complaint alleges the CHRB violated First, Fifth and Fourteenth Amendment rights, plus federal civil rights and California state constitution rights. Among the remedies Jamgotchian seeks via jury trial are damages in excess of $250,000, plus a ruling allowing Malpractice Meuser to race in California.

Via spokesperson Mike Marten, the CHRB declined the opportunity to tell its side of the story, citing a policy of not commenting on pending litigation.

When the Bad Test Bob name got rejected by The Jockey Club, Jamgotchian told the Courier-Journal that it was not a jab at Baffert, but instead referred to “one Bob Dreyfuss of Chatsworth, Calif., and his test for COVID-19.”

In Monday's court filing, Jamgotchian asserted that under free speech laws, “Even if Malpractice Meuser's approved name might refer to a living or deceased individual with a name that includes 'Meuser, 'or refers to no one at all, it is not a valid ground to prohibit the use of such name.”

Jamgotchian's complaint stated that Malpractice Meuser had the proper Jockey Club certification from Great Britain, where the colt was foaled, and subsequently got registered as a “covered horse” once the new federal Horseracing Integrity and Safety Act requirements became active in 2022.

But, the suit stated, when Jamgotchian wanted to enter Malpractice Meuser at Los Alamitos, “The sole reason for denial of the entry was the lack of a certificate of registration for Malpractice Meuser from The Jockey Club of New York, a private club which is not a governmental entity. [And] the sole reason, in turn, the New York Private Club refused to issue a certificate of registration was the name Malpractice Meuser.”

Malpractice Meuser has raced twice in his career, but has now been off for over a year. He finished third in his Mountaineer Park debut on June 30, 2021, then fifth at Indiana Grand on Oct. 14, 2021, for trainer Eric Reed and jockey Sonny Leon.

Both times, the court filings stated, “There was no public disturbance due to the name of Malpractice Meuser when he raced.”

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Baltas Hearing Rescheduled, Entries Denied by Los Al Stewards

Last month, the California Horse Racing Board (CHRB) issued a complaint against trainer Richard Baltas alleging that between Apr. 15 and May 8 this year, 23 horses in his care had been administered on race-day a substance containing the plant extracts higenamine and paenol in violation of the board's rules.

A hearing on the complaint, originally scheduled for early and then possibly late July, is now set for Aug. 3 with the Del Mar stewards beginning at 9 a.m., according to CHRB spokesperson, Mike Marten, in an email Friday afternoon.

In that same email, the CHRB wrote that Baltas–whose license remains active pending the hearing–had attempted to enter horses during the daytime Thoroughbred meet at Los Alamitos, but that the stewards denied those entries on June 28.

That meet runs June 25 through July 10.

The stewards' decision was based on two CHRB rules, one for good cause and the second giving stewards' discretion over entries and declarations, wrote Marten.

“All entries and declarations are under the supervision of the stewards, and they may, without notice, refuse the entries of any person or the transfer of any entries, and they may also, in their discretion, limit entries by providing that no horse shall be listed for more than one race in any one day,” CHRB Rule 1580 states.

According to Marten, Baltas has appealed that decision by the stewards, with an appeal hearing not yet scheduled.

The TDN reached out to Baltas by text but did not receive a response before publication.

According to the original complaint, surveillance video at Santa Anita caught Baltas' employees allegedly administering the substance to the horses on the days they were entered to race.

In California, trainers face tight restrictions about what medications and supplements can be given to a horse within 48 and 24 hours of a race.

A subsequent analysis of the substance by the University of California, Davis, allegedly found the presence of higenamine and paenol, both of which are plant extracts.

According to the United States Anti-Doping Agency (USADA), Higenamine is a chemical found in a variety of plants, and can act as an anti-asthmatic to open up airways.

Higenamine is also becoming more commonly found in dietary supplements for human athletes, as per USADA's website.

A CHRB investigation was triggered on May 8, when the Baltas-trained Noble perfection was a late scratch from the 10th race at Santa Anita.

At the same time, 1/ST Racing, which operates Santa Anita, banned the trainer from running and working horses at 1/ST-owned facilities. On May 7, the Baltas-trained Speedcuber suffered a sesamoid injury, and was euthanized two-days later.

Baltas had no runners at Santa Anita between 1/ST's announcement and the end of the meet, on June 19.

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McAnally Trainee Disqualified Over CBD Positive; Separate Hearing To Determine Sanctions

Roses and Candy, winner of the third race at Del Mar on Nov. 22, 2020, has been disqualified by the California Horse Racing Board after testing positive for a metabolite of the Class 1 drug 7-Carboxy-Cannabidiol, reports the Thoroughbred Daily News. A separate hearing will be held to determine whether any sanctions will be handed down to the mare's trainer, Hall of Famer Ron McAnally.

Better known as CBD – and marketed widely for a variety of health benefits to humans – Cannabidiol is found in a number of equine products, including tincture oil, pellets, liniment spray and poultices. While it is believed to work as an anti-inflammatory there is limited research on the possible benefits of CBD in horses and its use remains controversial. Because it is not included in the CHRB's classification list of drugs, it becomes a Class 1/Penalty Class A by default, according to CHRB spokesman Mike Marten.

The TDN reports that under CHRB rules, first-time violations of penalty class A can lead to a minimum one-year suspension or maximum three-year suspension, with a maximum fine of $25,000, absent mitigating circumstances.

The Association of Racing Commissioners International lists Cannabidiol as a Class 2/Penalty Category B substance, and the CHRB began the process of changing CBD's classification in early 2021. On Jan. 21, the CHRB pushed back the proposed rule change to make Cannabidiol a Class 3/Penalty Category B drug to the February meeting, at which point it went out for public comment.

The complaint was not made public until May 17, 2021.

CBD is now listed as a Class 3/Penalty Category B drug, for which first-time violations can result in a fine of no more than $10,000 and a minimum 30-day suspension, absent mitigating circumstances.

According to a report in Daily Racing Form, jockey Geovanni Franco, who rode Roses and Candy to victory Nov. 22, admitted to McAnally assistant Dan Landers that he used a product containing CBD the day of the race. Roses and Candy won the day's third race. Geovanni rode another winner on the same card three hours later that did not test positive.

Read more at the Thoroughbred Daily News.

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