“Ron's many years of experience in the racing industry make him an excellent candidate to fill the role of steward at Finger Lakes,” said Stuart S. Janney III, chairman of The Jockey Club.

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The horse identifier in the paddock at Albuquerque failed to catch the mix-up, as did the private veterinarian who treated the horse with furosemide on race-day. (Note: New Mexico still permits private veterinarians in the stalls for furosemide shots on race-day.)

For their roles in the mix-up, horse identifier Kenneth Mike LaRue was fined $5,000 and is unable to be licensed as a racing official in New Mexico; trainer Sherry Armstrong was fined $2,000 and suspended 15 days from Dec. 15-30; and owner Tom McKenna of Judge Lanier Racing was fined $2,000.

Previously owned by Judge Lanier Racing before being entered into a ThoroughbredAuctions.com dispersal sale, McCirca and McMissy are both bred by McKenna Thoroughbreds and sired by McKenna's Justice. Armstrong told the Paulick Report that the pair had been sent to her with nametags on their halters, apparently having been inadvertently swapped.

Armstrong sent out the filly she believed to be named McCirca for two races at Albuquerque on Aug. 22, 2020, and Sept. 16, 2020. Armstrong said she learned shortly after the Sept. 16 race that McCirca was actually another 4-year-old filly named McMissy.

One major difference between the two fillies: McCirca is a bay, while McMissy is chestnut.

The Judge Lanier Racing LLC Dispersal of Race Horses was held online Sept. 16, 2020, through Sept. 23, 2020.

McMissy, who was ordered disqualified from her sixth and last-place finishes in the Aug. 22 and Sept. 16 races, respectively, has since run twice for new owner Dylan Pyle and trainer Guadalupe Munoz, Jr. at Zia Park, on Nov. 4, 2020 and Dec. 22, 2020. The filly did not threaten in either race. Equibase does not list the starts in August and September on her past performances.

McCirca, now racing for owner/trainer Ruben Leyba, ran at Albuquerque on Aug. 29, 2021, finishing seventh in what was actually her first race since March 8, 2020. She raced again on Sept. 14, 2021, again finishing seventh, and again on Nov. 21, 2021, in which she lost her rider at the start and walked off the track.

Another New Mexico-based trainer, Justin Evans, was suspended 15 days and fined $5,000 for mixing up two horses from his stable entered in the same race at Albuquerque on Aug. 14, 2021. Evans criticized the equipment given to the horse identifier and the process used to confirm the identity of horses as they come into the paddock. The identifier received a $1,000 fine for the error involving the Evans horses.

“The thing the commission would like to see is all the racing officials that work in the state of New Mexico get some education on how to do their jobs right, and not be so lazy,” Izzy Trejo, executive director of the NMRC, told bloodhorse.com. “That's basically why these mistakes happen because people cut corners and they're lazy. I hate to be so blunt.”

The post Identifier, Owner And Trainer Issued Fines, Other Sanctions For New Mexico Horse Mix-Up appeared first on Horse Racing News | Paulick Report.

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NMHA President Roy Manfredi told the Paulick Report that the horsemen's attorney contacted Zia Park's attorney, who relayed that the county's only EMT had been pulled away by a family emergency, thus the track was unable to provide an EMT for morning training.

Racing at Zia Park is scheduled to begin on Sept. 26, but video posted on social media showing the track's backstretch appears to demonstrate a lack of preparedness for the meet. Manure is still piled up, and large weeds have taken over much of the backstretch area.

“When you see the condition of the backside, it doesn't appear they planned on running,” Manfredi said.

The contract between Zia and the NMHA dictates that trainers be allowed onto the backstretch on Sept. 9 to begin preparing their stalls, and that horses be allowed to ship in on Sept. 12 while training was to begin on Sept. 15. Now, the latest information indicates that it may not be until Saturday that the track is open for training.

In addition to the lack of an EMT, no outriders have arrived at the track to oversee safety during training hours. Both deficits are in direct violation of New Mexico Racing Commission rules.

However, the racing commission and the horsemen's association are engaged in an ongoing legal battle, with the horsemen charging the regulatory body with depriving racehorse owners and trainers of their civil rights and other violations, and thus no direct contact between the parties is allowed.

“It's my contention that this is a racing commission problem, because they're in violation of racing commission rules,” said Manfredi. “We have had our attorney send a letter to the racing commission's attorney, asking them to step in, and we're waiting to hear back.”

Another issue brought forward by Zia Park, according to Manfredi, is the rise of COVID-19 cases in New Mexico. Governor Michelle Grisham is expected to announce new mandates on Thursday, Sept. 16, and Manfredi said the NMHA will issue directives to its members to follow those mandates.

If Zia Park continues to fail to meet the directives stipulated in its contract with the horsemen, the NMHA has the option to pull the simulcast signal from the track.

“We're not there yet,” Manfredi said.

Images showing the backstretch of Zia Park on Wednesday, Sept. 15

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Evans, who was handed a 15-day suspension and $5,000 fine for a case of mixed-up identities in the second race Aug. 14 at the Downs at Albuquerque, has had his application for a stay of that suspension denied by the New Mexico Racing Commission. The suspension is set to begin Aug. 26, and Evans' attorney has now filed a motion for a temporary restraining order in court. Evans is also appealing the stewards' ruling against him, which means the case now must go to a hearing officer. No date has been set for either proceeding.

Stewards and track management alike bristled at Evans' comments in the Blood-Horse on Aug. 24 in a story that was aggregated by the Paulick Report. Evans laid blame in part with the racetrack and the horse identifier for two horses – Extremely Wicked and Square Root – running in each other's saddle towels. The race was won by the horse winning the number nine saddle towel, which was supposed to be Extremely Wicked, while the number six horse, who was supposed to be Square Root, was third. Back at the test barn however, officials realized that Square Root was actually the winner and wearing the wrong number.

Both horses were disqualified, though the pari-mutuel results did not change.

Evans said earlier this week that both horses were “plain bays” but, in reality, presiding steward David Hooper said both horses have white markings. According to Jockey Club registration papers, which Evans had properly filed with the racetrack, Square Root has white marks on three of his four limbs, while Extremely Wicked has a small white spot on his forehead.

Both horses are 4-year-old geldings who Evans was saddling for the first time after acquiring them from trainers at Los Alamitos. Both horses had last run in maiden claiming races July 5 at Los Alamitos, with Extremely Wicked finishing second in race five and Square Root finishing fifth in race seven. Extremely Wicked had started there for Phil D'Amato, and Square Root for Doug O'Neill.

“It's clearly trainer responsibility,” said Hooper. “He needs to know the identity of his horses.”

Hooper said in a stewards' hearing regarding the incident, Evans also questioned whether the horses could have been mixed up between the finish line and the test barn. Don Cook, general manager of the Downs at Albuquerque, said that's not possible. The test barn escort is tasked with tagging whichever horses are to be tested (in this case, just the winner) and maintaining a visual on that horse until it arrives in the test barn. Hooper said the test barn tag is visible on the bridle of Square Root, who is wearing Extremely Wicked's gear, in the winner's circle photo.

Evans' regulatory history did have some bearing on the penalty assigned by the stewards, according to Hooper. The public-facing Thoroughbred Rulings database shows 66 items under Evans' name since 2007, but Hooper said the Association of Racing Commissioners International (ARCI) database available to stewards shows 144 violations, including transfer of violations between jurisdictions and originals. In the case of the Thoroughbred Rulings database, not every item is a separate ruling, as they are notices to the licensee and therefore include acknowledgements of a fine being paid. The public-facing database also includes all types of rulings, including minor offenses like forgetting a set of silks, and does not include non-Thoroughbred rulings.

“This is the 61^st year I've worked in this business,” said Hooper. “I've never seen a record like that. It was not in the ruling, but it was a very aggravating factor that someone has that much contempt for rules and regulations, in our consideration.”

Evans has been licensed as a trainer since 1999 and is a multiple stakes-winning conditioner. He was 48th in national trainer rankings by wins last year.

Hooper said the stewards have no suspicion that there was an ill intent in the incident, since both horses were the first and second betting choices in the morning line and at the time the race went off.

Of course, the mix-up should have been caught in the paddock by the horse identifier. Grooms are not permitted to wear smocks this racing season due to strict COVID-19 biosecurity protocols in place in New Mexico, which Evans believed contributed to the confusion. Cook said he pulled surveillance footage from the paddock ahead of the race in question and verified that the horse identifier did scan the microchips on both horses. Cook explained that the identifier is tasked with using a scanner to read the horse's microchip and match the number on the chip reader with the 15-digit number listed on his program for the horse. In this case, all but the final four digits were the same in both horses' microchips.

“I take full responsibility for that,” said Cook. “[The identifier] works for me.

“It's horrible. It makes everybody look bad, especially the racetrack.”

Hooper said the identifier did not familiarize himself with the horses' markings in advance of the race, although he had the opportunity to do so, since entries are taken a week out from race day. He confirmed the horse identifier was fined for his role in the mix-up.

Cook said the microchip readers in use at the Downs at Albuquerque meet the standards laid out by the New Mexico Racing Commission and are new. He also said that beginning with today's race program, there will be two people present in the paddock to read and verify microchip numbers. Previously, the horse identifier was the only official whose work was not subject to a check and balances process to avoid mistakes.

“Hopefully this will never, ever happen again.”

Cook said Evans' entry and stall status at the racetrack will depend in part on the outcome of his petition for stay of the suspension.

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The New Mexico Horsemen's Association filed suit against the New Mexico Racing Commission in federal court late Monday, charging the regulatory body with depriving racehorse owners and trainers of their civil rights and other violations. The horsemen seek compensatory damages, legal fees and other relief the court deems appropriate.

“The horsemen finally said, 'Hold it. How many constitutional laws can you continue to violate? How many statutes can you continue to ignore?'” said Gary Mitchell, attorney for the New Mexico Horsemen's Association (NMHA). “The horsemen said, 'Enough. We don't have any other place to go but federal court. We need this to stop.'”

The NMHA, which represents about 4,000 Thoroughbred and Quarter Horse horsemen in New Mexico, already has two lawsuits pending in state court against the New Mexico Racing Commission (NMRC).

Previously precluded from communicating with the commission, contacting any commissioners or attending the regulatory agency's public meetings on, the NMHA turned to the federal court–filing against the NMRC, as well as the individual commissioners–under Section 1983 of the Civil Rights Act and the New Mexico Tort Claims Act. The action creates the potential for individual members of the commission to be held personally liable.

“The commissioners are deliberately attempting to do away with the horsemen's association,” Mitchell said. “We're prepared to prove, in court, that this is being done intentionally. They haven't hesitated to do everything in their power to shut out New Mexico's horsemen, and ultimately shut down the NMHA.”

The NMHA filed suit in the Second Judicial District Court in Bernalillo County in December to stop the commission's years-long practice of taking horsemen's purse money to pay the racetracks' liability insurance on jockeys and exercise riders, in clear violation of state law. The NMHA stated the funds amount to over $8 million. The horsemen returned to court in May after the commissioners ordered tracks to shut off the NMHA's revenue stream, derived from access to funds horsemen have earned from purses.

According to the NMHA, the funds in question are used to pay medical fees for its members, the NMHA's Political Action Committee and administrative costs, including the oversight of the purse account for the horsemen and the state's five racetracks.

“We have never taken money from the purse funds to benefit our organization,” Mitchell said. “In fact, we took our own money to pay for the accounting, collection, management, dispersal and annual audits of how this money is handled. The taxpayer was not paying for us to do all of this. We were doing it for free, paying for it through contributions from our members, and the commissioners now say 'stop.'”

He continued, “They wish to get their hands on this money and use it how they see fit–which is basically to pay the costs of running the racetrack, thereby allowing more money to go into the casinos' pockets. Sadly, the commission, which is supposed to be fair and equal to everybody, sees no obligation to be fair to the horsemen.

“Allowing gaming at racetracks in New Mexico was done to save racing,” Mitchell said. “The racetracks cannot have gaming unless they have racing. The law is very clear about it. The gaming compact is clear about it. The Gaming Control Act is clear about it. The Horse Racing Act is clear about it.”

Additionally, the NMHA states that funds have been directed into owners' earnings based on race results.

“When the race is run, the purse is paid and that now becomes the winning horseman's money,” said long-time racehorse owner and NMHA President Roy Manfredi. “By their actions, the racing commission has taken away the NMHA's ability to provide financial assistance to horsemen in need. That's the same as saying you cannot donate to the March of Dimes, the NRA or any other organization, simply because your employer doesn't like the March of Dimes or the other organization. Once the money is paid to an individual who owns a horse, that money is theirs and they can do whatever they want with it. During the pandemic, the NMHA provided $100,000 in alfalfa and grain to the horsemen when we weren't able to run.”

“All we've ever asked them to do is just follow New Mexico state statute, which are laws. This commission considers them suggestions.”

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“The horsemen finally said, 'Hold it. How many constitutional laws can you continue to violate? How many statutes can you continue to ignore?'” said Gary Mitchell, attorney for the New Mexico Horsemen's Association (NMHA). “The horsemen said, 'Enough. We don't have any other place to go but federal court. We need this to stop.'”

The NMHA, which represents about 4,000 Thoroughbred and Quarter Horse horsemen in New Mexico, already has two lawsuits pending in state court against the New Mexico Racing Commission (NMRC).

Instead of working with horsemen to settle the dispute, the NMRC subsequently barred the NMHA from communicating with the commission, contacting any commissioners or attending the regulatory agency's public meetings. With no alternative after being deprived of any forum before the commission, the NMHA sought relief in federal court against the NMRC, as well as the individual commissioners, under Section 1983 of the Civil Rights Act and the New Mexico Tort Claims Act. A highly unusual step for a state horsemen's association, the action creates the potential for individual members of the commission to be held personally liable.

Mitchell said the commission is trying to silence the largest advocacy group under its jurisdiction.

“The commissioners are deliberately attempting to do away with the horsemen's association,” Mitchell said. “We're prepared to prove, in court, that this is being done intentionally. They haven't hesitated to do everything in their power to shut out New Mexico's horsemen, and ultimately shut down the NMHA.”

The NMHA filed suit in the Second Judicial District Court in Bernalillo County in December to stop the commission's years-long practice of taking horsemen's purse money to pay the racetracks' liability insurance on jockeys and exercise riders, in clear violation of state law. The transfer of purse money to pay track operating expenses has cost horsemen to date more than $8 million.

The horsemen were back in court in May after the commissioners ordered tracks to immediately shut off the NMHA's revenue stream, derived from access to funds horsemen have earned from purses.

The funds in question are used by the NMHA to pay medical fees for its members, the NMHA's Political Action Committee and administrative costs associated with a proper accounting for all expenditures. That includes the critical role of overseeing the purse account for the horsemen and the state's five racetracks.

“We have never taken money from the purse funds to benefit our organization,” Mitchell said. “In fact, we took our own money to pay for the accounting, collection, management, dispersal and annual audits of how this money is handled. The taxpayer was not paying for us to do all of this. We were doing it for free, paying for it through contributions from our members, and the commissioners now say 'stop.'”

Mitchell also questioned the commission's motivation.

“They wish to get their hands on this money and use it how they see fit – which is basically to pay the costs of running the racetrack, thereby allowing more money to go into the casinos' pockets,” he said. “Sadly, the commission, which is supposed to be fair and equal to everybody, sees no obligation to be fair to the horsemen.

“Allowing gaming at racetracks in New Mexico was done to save racing,” Mitchell said. “The racetracks cannot have gaming unless they have racing. The law is very clear about it. The gaming compact is clear about it. The Gaming Control Act is clear about it. The Horse Racing Act is clear about it.”

The NMHA challenges the commission's contention that the horsemen's organization is taking money designated for purses, pointing out that the money in question has transitioned into owners' earnings based on race results.

“When the race is run, the purse is paid and that now becomes the winning horseman's money,” said long-time racehorse owner and NMHA President Roy Manfredi. “By their actions, the racing commission has taken away the NMHA's ability to provide financial assistance to horsemen in need. That's the same as saying you cannot donate to the March of Dimes, the NRA or any other organization, simply because your employer doesn't like the March of Dimes or the other organization. Once the money is paid to an individual who owns a horse, that money is theirs and they can do whatever they want with it. During the pandemic, the NMHA provided $100,000 in alfalfa and grain to the horsemen when we weren't able to run.”

“All we've ever asked them to do is just follow New Mexico state statute, which are laws. This commission considers them suggestions.”

The horsemen seek compensatory damages, legal fees and other relief the Court may deem appropriate.

The post ‘Enough’: New Mexico Horsemen File Federal Lawsuit Against Commission appeared first on Horse Racing News | Paulick Report.

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The New Mexico Horsemen's Association has taken additional legal action against the New Mexico Racing Commission after the regulatory body ordered the defunding of the organization that represents about 4,000 Thoroughbred and Quarter Horse owners and trainers in the state.

On May 20, the racing commission ordered tracks to withhold the 1% of purse money that goes to the horsemen's association for administrative costs, about $400,000 a year. Additionally, the commission ordered a halt to the $5 per-starter fee NMHA member owners pay toward medical expenses for horsemen and their employees, as well as a $2 per-starter fee utilized for legislative advocacy.

The horsemen's association responded three days later with its second suit in less than six months filed against the commission in the Second Judicial District Court in Bernalillo County. On Dec. 2, the NMHA went to court to ensure that the state's laws governing the distribution of purse monies are followed.

Horse owners have been charged a $100-$150 starter fee to cover certain track operation costs, including staffing the starting gate. The amount of money siphoned from purses to the racetracks dating to 2004 totals more than $8.4 million, which the horsemen's association is asking to be refunded to the purse account.

“I think we've been very reasonable in trying to negotiate settlements of litigation, and the commission has refused to negotiate in good faith” said Gary Mitchell, the attorney representing the horsemen's association. “It's a matter of people communicating, getting together, but the arrogance of the commissioners stands in the way.”

“This is a small state where we all know one another, as lawyers, as horsemen and as track owners,” Mitchell said. “There's no reason why somebody leading this couldn't get everybody together and say, 'We can iron out these problems.' We do need to figure out some way to insure jockey and exercise riders, outriders and people who work on the tracks, including grooms and such so these people will be safe and have insurance to cover their injuries and work loss. But we have no idea what the tracks are doing. We have no idea what the policies read. We just know that it's cost us a small fortune in purses, over $8 million.”

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On that date, the NMRC unanimously passed a motion that the NMHA “is to immediately discontinue the practice of requiring its membership to pay the 1% purse diversion, the $5.00 Starter Fee and the $2.00 PAC [Political Action Committee] fee stemming from their participation in horseracing in New Mexico. The motion also is to instruct all five (5) racetracks to not provide those improper funds to the New Mexico Horsemen's Association.”

According to a letter written by NMRC in-house counsel Richard Bustamante, “stopping that improper diversion of purse money will translate to the addition of approximately $700,000.00 a year to purse money.”

The Commission's order cannot stand for several reasons, the court filing by the Horsemen alleges. They contend horsemen were not afforded Due Process, the commission has no authority or jurisdiction over donation by horsemen owners to the horsemen, and the order was made in retaliation.

According to the Appeal and Motion to Stay filed by the NMHA: “The true motive behind the order/directive is to deprive the Horsemen of all or a large portion of funding because the Horsemen objected to racetracks using 'purse monies' for operational expenses [insurance], Horsemen objected to the Commission canceling race meets and/or shortening race meets, Horsemen refused to pay from purse money the operational expenses of the racetracks, and Horsemen were demanding racetracks keep the tracks and backsides in good, clean and safe condition.”

In addition, the NMHA plans to amend its current civil lawsuit against the NMRC to include additional causes of action for both discrimination against the NMHA and for ethics violation of public officials based on alleged conflict of interests of commissioners.

On Dec. 2, 2020, the NMHA filed a lawsuit against the Commission seeking the return of more than $8 million it alleges the Commission has been collecting improperly from horsemen since 2004 to pay liability insurance for jockeys.

That complaint, a petition for declaratory judgement and relief, also alleges that the commission has improperly ordered horsemen to pay a “gate fee or starter's fee” every time a horse races.

“The costs of operating the 'gate' are and always have been an expense of the association putting on the race, that is a cost or expense of the racino and not the owner or trainer of the horse entering the gate for a scheduled race,” the complaint states, adding that “there is no provision in New Mexico law that allows the Racing Commission to access a fee to horsemen for the starter's gate.”

Finally, the Dec. 2 complaint alleges that the New Mexico Racing Commission improperly demands the Horsemen's Association pay a fee for a license. “The Horsemen's Association does not race horses, or train horses and is a benevolent, non-profit organization and no license is required,” the complaint alleges.

The commission subsequently filed a Motion to Dismiss for lack of jurisdiction and failure to state a claim, to which the horsemen responded on May 3, 2021.

A portion of that response reads: “In a stunning admission, the New Mexico Racing Commission admits they have taken the Horsemen's purse money, and now suggest the Horsemen have no remedy, not even in the Courts of New Mexico. The Commission suggests the Horsemen can come to them and seek relief, which is akin to asking the fox to return the chicken.”

The response concludes: “Horse racing in New Mexico was saved when each racetrack was allowed to institute casino gaming. The plan, as set forth by statute, was that certain proceeds from casino gaming would go to purses for horse racing. Casino gaming was meant to save horse racing, not the other way around. The New Mexico legislature clearly wrote the money was to be used for purses. Purses are not defined as operating costs of the racetrack/casinos. The rule-regulation of the Commission is not in compliance with the statutes. There is no administrative remedy for the Horsemen and they have attempted, to no avail, to get the Commission to stop allowing racetracks/casinos to use part of the purse money for operating costs. The Horsemen are correct about what the money can be used for, that is, for purses. The Horsemen request the law be complied with and the Court determine not only that it has the jurisdiction but the Horsemen have no remedy but through the Courts.”

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Newly named Chairman of the New Mexico Racing Commission, Sam Bregman, said: “We are very excited to get live horse racing going again in the state of New Mexico. We look forward to getting the industry back on track starting with the April 23, 2021 opening day at SunRay Park in Farmington, NM.”

The New Mexico Racing Commission intends to make decisions regarding the SunRay Park purse schedule, condition book, post times, racing officials, and wagering format at the upcoming March 18, 2021 regularly scheduled monthly meeting.

At its Feb. 18 meeting, the NMRC officially cancelled the 2020-2021 race meet at Sunland Park just outside El Paso, NM, which never began as scheduled on Dec. 26 because of COVID-19 restrictions in the state.

Ruidoso Downs, The Downs at Albuquerque, and Zia Park all have dates on the calendar for 2021 as well.

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“We are very excited to get live horse racing going again in the state of New Mexico,” said newly-named Chairman of the New Mexico Racing Commission, Sam Bregman. “We look forward to getting the industry back on track.”

The New Mexico Racing Commission intends to make decisions regarding the SunRay Park purse schedule, condition book, post times, racing officials, and wagering format at its upcoming monthly meeting on Mar. 18.

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