The horse in question was the even-money favorite in the 10th race at Saratoga on July 30, 2022 and finished sixth. He is owned by Eclipse Thoroughbred Partners, Robert LaPenta, Gainesway Stable, Winchell Thoroughbreds LLC and Stonestreet Stables LLC.

The ruling, which was posted to the Gaming Commission's website, stated that phenylbutazone was present at a concentration in excess of 0.3 micrograms per milliliter in violation of 9 NYCRR 4043.3 (a) (26).

However, said Pletcher's attorney Andrew Mollica, there was no laboratory evidence presented that the horse had tested positive.

“The legal issue is predicated on the fact that there is no lab result in the evidence,” said Mollica. “The lab report reporting an overage was never put in evidence. Mr. Pletcher's position is that without the ability to examine the scientific evidence, the letter of Dr. (George) Maylin's is of no probative value.”

The parties are due back in court May 31, but a temporary restraining order has enjoined the Gaming Commission from invoking the penalty.

“The court found that Mr. Pletcher met all the requirements for likelihood to succeed on the merits–irreparable harm, and the balancing of the equities,” said Mollica.

Mollica said that a full review of the evidence presented will show the Gaming Commission cannot meet its burden that the horse had an overage on that day.

“There was no foundational evidence presented at the hearing that the horse had an overage and we look forward to litigating the case,” said Mollica.

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According to the Mar. 29 court order, the NYSGC had found that “based upon blood and urine samples taken after the race, that Pletcher was responsible for the positive finding of the drug Meloxicam in Forte. As a result of the disqualification, the owners of Forte were stripped of the first-place portion of the purse and, as a result of the drug administration finding, Pletcher's license to train horses was suspended for 10 days and he was fined $1,000.”

But, the court order explained, “Pletcher's Petition asserts that the Commission Order must be annulled and vacated because (1) Pletcher was found to have violated a rule that doesn't exist; (2) Pletcher was found liable based upon a standard outside of the Commission's rules; (3) that the subject rule is impermissibly vague; (4) the Commission fails to show that the finding against Pletcher was supported by substantial evidence; (5) the Commission Order inexplicably departs from precedent so as to make it arbitrary and capricious; (6) it adopts a Hearing Officer's report based upon an unlawful hearing wherein the Hearing Officer acted in excess of authority by permitting the owner representative of the second place horse to intervene in the hearing and to act in a prosecutorial role, despite not being admitted to the practice of law in the State of New York.”

The NYSGC, represented by the New York Attorney General, had opposed the motion for a preliminary injunction, asserting that since Pletcher raised the substantial evidence question, the entire proceeding, including any request for a preliminary injunction, must be transferred to and determined by the Appellate Division.

Supreme Court Justice Michael Cuevas disagreed, writing in the Mar. 29 order that the case must remain at the Supreme Court level.

“[T]his Court can only conclude that Petitioner has demonstrated a reasonable likelihood of success on the alleged due process violations and the alleged misinterpretation of existing rules or application of a non-existent rule,” Cuevas wrote.

“We are very pleased that the Supreme Court has decided to review what we believe are serious due process issues in this case,” Pletcher's attorney, Drew Mollica, told TDN. “We are also elated that the Supreme Court has taken the position that they will review the standard by which the Gaming Commission saw fit to disqualify Forte and sanction Mr. Pletcher.

“While it's early, the issues raised, including the participation of an unlicensed attorney to assist in prosecuting this matter, is something we look forward to litigating,” Mollica continued.

“Judge Cuevas has flagged these procedural legal issues that must be addressed before any appellate review. The procedural and legal issues will prove that not only should Forte not have been disqualified, but that any sanction of Mr. Pletcher is a miscarriage of justice,” Mollica said.

The finding of meloxicam, a non-steroidal anti-inflammatory drug, in Forte's system wasn't the entirety of the controversy when it was first made public nearly 11 months ago.

A more concerning aspect was that the 2022 juvenile champion's positive test result was kept from the public for more than nine months, and wasn't revealed until May 9, 2023, when the New York Times first broke the story, citing as sources “two people who are familiar with the matter but are not authorized to speak about it.”

Two days later, the NYSGC formally announced Forte's disqualification from the Hopeful S. while imposing the fine and suspension upon Pletcher.

Pletcher promptly appealed his penalties, and Mike Repole, Forte's owner, appealed the colt's DQ.

The commission then stayed the penalties while the appeals process played out, and, as the Mar. 29, 2024, court order stated, “The commission also invited each other owner representative of a horse that received a share of the purse in the disputed race to appear in the joint hearing as an intervenor.”

Prior to the hearing, Pletcher had objected to the permitting of intervenors and their roles in the hearing.

At the July 20, 2023, hearing, eight witnesses testified and 44 exhibits were received into evidence.

The hearing officer then issued a report on Sept. 30, and on Dec. 4 the NYSGC adopted the report's findings of fact and conclusions of law in levying the penalties against Pletcher and in disqualifying Forte.

Mollica won a temporary restraining order for Pletcher on Dec. 21 by filing an Article 78 appeal. Article 78 appeals are lawsuits mainly used to challenge an action, or inaction, by agencies of New York State and local governments. The parties were in court to argue their points on Jan. 8, 2024.

TDN emailed a spokesperson for the NYSGC seeking comment on Friday's ruling but has not yet received a reply.

The next steps in the process are for the NYSGC to answer or otherwise move with respect to the petition within 20 days of the Mar. 29 order. Then Pletcher may reply to any counterclaim or new matter asserted in NYSGC's answer by May 10, when a status conference has been scheduled.

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Acting on behalf of Pletcher and owners Mike Repole and Vinnie Viola, attorney Drew Mollica filed an Article 78 appeal. Article 78 appeals are lawsuits mainly used to challenge an action, or inaction, by agencies of New York State and local governments.

The New York Gaming Commission has alleged that Forte tested positive for meloxicam, a non-steroidal anti-inflammatory drug, widely prescribed to treat osteoarthritis and rheumatoid arthritis, and sold under the brand name Mobic. Forte was disqualified and Pletcher was issued a 10-day suspension and fined $1,000.

The Forte team has used Dr. Steven A. Barker, considered one of the foremost experts in equine drug testing and research, as a witness and Barker has said that 500 picograms or .5 nanograms of meloxicam was detected in Forte's system. Barker said he believes that such a low level of the medication would not impact a horse's performance and that the small amount is indicative of environmental contamination.

A hearing was granted by the Gaming Commission, which voted unanimously to uphold a recommendation from a hearing officer. After that decision, Forte's legal team took the next step and went to court. The case is scheduled to resurface on Jan. 9, at which time the court can issue a permanent injunction.

“We look forward to appellate review of one of the most unfair, egregious hearing processes and commission orders that I have ever seen,” Mollica said. “The facts will show that not only did Mr. Pletcher break no Gaming Commission rule, the rule by which he was charged has no applicability at all and the hearing was constitutionally flawed.”

Mollica also argued that the amount found in the horse's system did not merit a violation. He said that Dr. George Maylin, the director of the New York Equine Drug Testing Programs, agreed with that finding and stated as much when going before the hearing officer.

“The scientific finding alleged by the Gaming Commission did not meet the standard of a violation,” Mollica said. “Dr. George Maylin, the nation's foremost equine pharmacologist, testified as much at the hearing. It should be noted that Dr. Maylin did not testify for the prosecution, in this case the Gaming Commission, but testified for the defense. That speaks volumes. We look forward to an impartial review of this matter. After reviewing the transcript of the hearing all I can say is that this was a travesty of justice.”

Once the positive finding was revealed Repole has been adamant that the disqualification was unwarranted and vowed to fight.

“I spent $20 million last year on horses, I can spend $20 million fighting this case,” he said in May. “I think long-term this is going to be good for racing. This whole process, though sad and pathetic, has been a great learning experience for me.”

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Repole, who did not have a horse in the race, recently announced the formation of The National Thoroughbred Alliance (NTA), an organization he hopes can bring needed change to a sport he has said is rudderless and in steep decline.

“I'm asking for the immediate resignation of both the Chairman/CEO and President of The Jockey Club and I appeal to the board members of The Jockey Club to terminate the operating leadership,” Repole wrote. “The industry needs help, we are in an extreme crisis. Let's take action!!!!!”

Neither Gagliano nor Janney responded to a request for comment at deadline for this story.

The Jockey Club employs Samantha Randazzo, one of the three stewards working at the NYRA tracks. Other than that, it was unclear why Repole placed the blame for controversy on The Jockey Club. He did, however, make it clear that he is frustrated with the organization and labeled it the “old guard.”

In a roughly run race, there was an incident near the quarter pole in which three horses came together, bumped and were steadied. At the time, Brick Ambush was racing well outside of that trio, kept a straight path and did not make contact with another horse. The consensus since the race is that the stewards mistakenly took down the wrong horse.

Race winner Antonio of Venice (Laoban) may have started the pile-up when he came off the rail under Manny Franco after being blocked. It's also possible that the stewards mistook Brick Ambush for Solo's Furry (Solomini), who may have come over a path or two. Brick Ambush was racing outside of Solo's Fury, who was eased after the incident, and the jockeys of both horses wore green silks.

Brick Ambush's owners Dean and Patti Reeves attempted to appeal the decision, but were informed by the New York Gaming Commission that disqualifications are final once the race is made official and cannot be reversed.

The disqualification cost the owners second-place money of $100,000.

Not only did the stewards disqualify Brick Ambush, they handed his jockey, Junior Alvarado, a three-day suspension for careless riding.

“Dean and Patti Reeves are great owners and wonderful people,” Repole wrote. “This sport is very fortunate to have them. The events at Aqueduct last Saturday were brutally unfair to them. Their horse should have been placed first, instead he was disqualified. The bettors, the fans, the trainers, jockeys and owners were blatantly hurt in this situation. With no governing body in place or people policing the sport, they can't even appeal an atrocious ruling.

“The more I dig deeper into this situation, the more I place the blame on the operating leaders, Chairman/CEO and President of The Jockey Club,” Repole wrote. “I have an incredible respect for the great leaders on the board of The Jockey Club. They have great passion for this sport. Let's unite and work together and rebuild The Jockey Club into a trusting organization that can represent and govern this wonderful sport while working with all people associated in the industry to make racing better. We all need to have an immense sense of urgency and we must move quickly.”

The post After Great White Way Stakes Fiasco, Repole Calls for Jockey Club Leaders to Resign appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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“After receipt of the letter from the NY Gaming commission and further discussion with our attorney Drew Mollica, our trainer Danny Gargan, Patti and I have decided to not to pursue any further action regarding the disqualification of Brick Ambush in the 9th race at Aqueduct on Dec. 16th, 2023.

We maintain our belief that Brick Ambush caused no interference in the race, however, we recognize that all owners who enter a race must adhere to the rules of racing in the State of New York, However it is our hope that by shining light on this unfortunate disqualification we, in someway, help to improve our industry moving forward for the betterment of all of us who love this sport, not only owners, trainers, and jockeys, but those who wager as well.

Patti and I have enjoyed racing in New York, and we value our relationship with everyone at NYRA.

We would like to thank the racing community for all their support and encouragement as a result of this disqualification.”

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The case has moved slowly since the Sept. 2022 race. It took a eight months for the New York Gaming Commission to make the finding public and when it did the stewards disqualified Forte, fined Pletcher $1,000 and suspended him for ten days. Pletcher and owners Mike Repole and Vinnie Viola appealed the stewards' ruling, which meant the matter was sent to a hearing officer, Clark Petschek. The session with the hearing officer was held in July and Petschek issued his report on Sept. 30. Petschek upheld the original findings of the stewards, the fine, the suspension and the disqualification.

It is within the commission's right to reject the hearing officer's recommendations but, instead, it voted unanimously to uphold them.

It was noted that the owners of Hopeful runner-up, Bill and Corrine Heiligbrodt, appeared at the hearing to support the decision to disqualify Forte.

“They could have made the decision the day after the hearing,” Repole said. “I guess they must have done a lot of extensive work the last six, seven months. Instead, they took six months to state the obvious. We knew what was going to happen. We got just what we expected. They did what they thought they needed to do. We knew there was a zero percent chance this was going to get overturned.”

It's unlikely that Tuesday's ruling by the New York Gaming Commission will be the last word on the Forte matter. The Forte team can now take their case to the courts and will like file an appeal within the New York court system. Repole has vowed to spend whatever it takes to get the Hopeful decision overturned.

“We plan on taking this further and we knew we were going to get to this point,” he said. “Under HISA rules, this isn't even a violation. We are super confident that common sense will prevail and people will realize we put in this governing body in HISA to make sure people are ethical and play by the rules of the sport. Any real process that follows common sense will easily see it the same way and we will prevail.”

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“A short time before that, I didn't know if I'd ever be in the winner's circle again,” the 34-year-old trainer said. “To come back and win with a horse who we didn't have much in the way of expectations for and win in that kind of fashion, especially in Saratoga, was a special win. I felt like I had won a graded stakes race.”

In the moment, everything seemed normal again. His barn was full, he had just won a race in Saratoga and his reputation as one of the best young trainers on the NYRA circuit was in tact. But there was nothing normal about the first five days of July when Handal was issued a provisional suspension issued by the Horseracing Integrity Unit (HIWU), which meant he faced what could have turned into a career-crippling permanent suspension of up to two years.

“My world was ending,” he said.

Toward the end of training hours on June 30, he was approached at his barn by members of the HIWU team. He was told that a horse he trained named Barrage (War Dancer) had tested positive for a banned substance called Zeranol after finishing second in an optional-claiming allowance at Belmont May 28. Under HIWU rules, when a trainer has a positive test for anything on the banned substance list, they are suspended almost immediately, before a split sample can be reviewed and before the charged trainer is allowed to have a hearing. Handal's suspension began July 1.

He had been suspended and evicted from the grounds. He had to turn his horses over to someone else and faced having to spend two years on the sidelines. Under HIWU's policy of suspend now, ask questions later, it was unclear what could be done to overturn the suspension and how long that process might take. Handal feared the worst.

“It was horrible,” he said. “It felt like you just got a letter from the doctor saying you've got cancer and you've only got a few months to live. My heart dropped. I wasn't sad, upset or mad. I was in shock. I didn't know how to react.”

Handal was sure that he didn't do anything wrong. He had been training since 2014 and the worst thing on his record was a $500 fine issued by the Delaware Thoroughbred Racing Commission when a horse of his tested positive for Phenylbutazone and Flunixin. He said he didn't even know what Zeranol, which is synthetic nonsteroidal estrogen, approved for use to promote growth in livestock, including beef cattle, was.

“I have always played by the rules and I take pride in that. I care about my horses,” he said.

Handal turned to lawyer Clark Brewster, who, in racing circles, is best known for defending Bob Baffert through his many ordeals with Churchill Downs, NYRA and the Kentucky Horse Racing Commission. Brewster quickly came up with an explanation as to how the Zeranol got into the horse's system. After receiving a report from UC Davis, which tested the horse, Brewster saw that there was also a finding of Zearalenone, a common feed contaminant. He said that, therefore, mycotoxins in the feed had caused the positive. Handal, he argued, could not be blamed for having contaminated feed. HIWU agreed. On July 5, the provisional suspension was lifted.

Handal's nightmare was over. Thinkaboutit was his third starter and his first winner since the suspension was overturned.

The case may be over, but questions remain. Before HIWU took over the process of drug testing and issuing fines and suspensions after a positive has occurred, Handal's case would have been treated differently. This would have been handled by the New York Gaming Commission and it would have allowed Handal to have a hearing before a suspension could go into effect. Presumably, Brewster could have presented his findings at that hearing, the Gaming Commission would have accepted that the positive was the result of environmental contamination and Handal would not have been sanctioned and the original positive would not have been reported. He wouldn't have been put through four days of hell.

“They are shooting first and asking questions later and that needs to be addressed,” he said. “I don't know if specifically HISA and HIWU is trying to attack horsemen. But when this was planned out, it might have seemed ok on pen and paper, but, in action, it really doesn't work.”

He hopes that HIWU will reconsider the policy of issuing provisional suspension immediately after the finding of a banned substance comes in and before someone can have a hearing. HIWU showed that it can be flexible when it announced last week that there will be a lesser set of penalties going forward when a trainer violates rules regarding inter-articular injections.

“They have already revised some rules, so it doesn't seem like they are so close minded that they won't be open to making changes,” Handal said. “And they listened to our case. At the end of the day, they could have dragged it out, but they reacted quickly and swiftly and realized that it should have been handled as an atypical finding. They corrected themselves right away.”

Being a trainer in Saratoga can be challenging, especially if you're not named Chad Brown or Todd Pletcher. Handal won just four races at the meet last year, and, while his stable is improving every year, he's won just one graded stakes race. He's got that to worry about. But a two-year suspension that hung over his career when it appeared that he did nothing wrong, that is no longer an issue and he's winning races again. He will gladly take it.

Saratoga Handle Declines Sharply Over First Three Days

While it's far too early to panic, business at Saratoga was slow over the first three days of the meet. After the track broke records for total handle for the meet in 2022 and 2021, could Saratoga's numbers finally be evening out?

A total of $65,527,927 had been bet on the meet through Saturday. That's a decline of 21.3% from 2022 when $83,241,031 was wagered through the comparable period.

As far as the first two days of the meet go, there were extenuating circumstances. On opening day, NYRA had to speed up post times in order to get the card in before a storm struck. That could have been why handle was off 6.2%. On Friday, the races were washed off the turf, and handle was, understandably, dismal. They bet $13,366,687 on the card, a 45.2% decline from 2022.

The real concern is the numbers posted Saturday, when an 11-race card included three graded stakes and the races stayed on the turf. In what looks like an apples-to-apples comparison to 2022, the handle was $31,744,186. That's a 14.4% decline from 2022 when $37,068,005 was bet on the card.

And don't blame the Chad Brown factor in the GI Diana S. Brown had four of the five starters in this year's field, which some argued made it an unappetizing betting race. In 2022, Brown had four of the six starters.

The post The Week in Review: After a Nightmare, Ray Handal Returns to the Winner’s Circle appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Via text message, Pletcher said he is appealing the penalty. He declined to comment further.

The Paulick Report was first with the story.

The horse in question, Capensis (Tapit), was the even-money favorite in the 10th race at Saratoga on July 30, 2022 and finished sixth. He is owned by Eclipse Thoroughbred Partners, Robert LaPenta, Gainesway Stable, Winchell Thoroughbreds LLC and Stonestreet Stables LLC. He has not run since winning the Sept. 6, 2022 GIII Virginia Derby. A gray colt, he sold for $2 million at the 2020 Keeneland September sale.

The ruling, which was posted to the Gaming Commission's website on Sunday , states that phenylbutazone was present at a concentration in excess of 0.3 micrograms per milliliter in violation of 9 NYCRR 4043.3 (a) (26).

Pletcher is also dealing with another suspension handed down by New York regulators. He was fined $1,000 and suspended 10 days after tests revealed that his trainee Forte (Violence) tested positive for Meloxicam following his win in the GI Hopeful S. last summer at Saratoga. Pletcher has appealed that suspension, as well.

In addition, Pletcher is facing two possible violations in Florida, where, according to Florida Gaming Control Commission Division of Pari-Mutuel Wagering records posted online, he had a Class IV and Class V drug positive in December. According to reports, the Pletcher-trained Mind Control (Stay Thirsty) tested positive following the Sept. 24 Parx Dirt Mile, in which he was initially awarded the victory through disqualification. That case is also pending.

Asked why the New York case was just now coming to light, Brad Maione, the Director of Communications for the New York Gaming Commission said the following in an email to the TDN.

“By practice and procedure, when there is a possible rule infraction or violation, the Stewards set a time to meet, providing an affected party the informal opportunity address the matter. Following the meeting, the Stewards collectively evaluate potential rule infractions and, if appropriate, the State Steward will issue a ruling.

“Changes to the split-sample procedures have been instituted to reduce the ability of an affected party to game the system. Absent extraordinary circumstances, a trainer advised of a positive drug violation will now be afforded no more than two-weeks to identify and make arrangements for the split-sample to be tested…

Finally, you should be aware that the procedural processing of split-samples has remained constant since initiation. The Commission does not announce medication infractions until considered by the judges or stewards. As of Friday morning, there were three Thoroughbred and two Standardbred split-samples outstanding at a qualified, accredited independent laboratories. The Commission is awaiting return of their findings.”

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“They gave me stalls in barn 28,” Dutrow said. “They allowed me to come back [Tuesday]. It was mid-day and I went straight to the barn to set things up. I will have a couple of horses by the end of the week and hope to keep adding from there. I'm back and all is good. I just want to look forward. I don't want to look back at what happened. How does it feel? Great.  Just great.”

Dutrow said he will welcome his first horse on Thursday, one that will be arriving from Ocala by van. He was not sure when he will make his first start, but said he will look to claim horses right away.

“Everything has been cleared up,” he said. “There are no more rules or regulations standing in the way. It's all good.”

Showing some of the same bravado that was one of his trademarks before he lost his license, Dutrow said he was ready to celebrate after finishing work on Wednesday.

“I'm sweating after working,” he said. “I'm going to go take a shower and then have a couple of beers. I love it.”

While he so far has commitments to train just a handful of horses, he expects that his numbers will grow quickly.

“I'm ready to claim, ready to buy,” he said. “Then I'll be ready to win. I can't wait to start training horses again. I think after Saratoga is over I should have 25 to 35 horses. But who knows? I want to start claiming horses, but that's not always so easy since so many of the claims come down to shakes. But my intention is to have as many racing as I can and as quickly as I can. We'll be as aggressive as we can be.”

At the height of his career Dutrow was winning 150 or more races a year and dealt with some of the best horses in the sport, including GI Kentucky Derby and GI Preakness S. winner Big Brown (Boundary) and GI Breeders' Cup Classic winner Saint Liam (Saint Ballado).

When asked if he could start winning at that rate and in major races again, Dutrow replied: “I'm hoping so, that I can do as well as I did. I'm going to try.”

Dutrow, 63, said he was pleased with his barn assignment because it included a lot of empty stalls, which he hopes to fill.

“They put me in a good barn,” he said. “If I had a van load of horses coming in I'd have spots for them right away. In this barn, there's a lot of room for me to grow.”

Dutrow's last start came on Jan. 16, 2013 at Aqueduct. In 2011, he had his license revoked for 10 years by State Racing and Wagering Board, the predecessor of the New York Gaming Commission. He was charged with a number of violations that included the finding of syringes loaded with unauthorized medication in the desk draw of his barn. He fought the case until exhausting all his legal challenges early in 2013 and had his license revoked for 10 years. Upon the end of what amounted to a 10-year ban, Dutrow applied to the Gaming Commission for a license, which was granted in late February.

“Following a review by the bureau of licensing in consultation with the division of racing, the review found that Mr. Dutrow satisfied the penalty imposed by the Racing and Wagering Board and his record is bereft of transgressions during his period of revocation,” Gaming Commission Executive Director Rob Williams said at the time. “Accordingly, the bureau has determined to issue a license to Mr. Dutrow to participate in New York horse racing.”

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The latest chapter is the story of NYRA clocker Richie Gazer.

Back in May, Gazer was handed a 30-day suspension and fined $2,500 “for altering a published work of a horse to make the horse eligible to race.” The horse in question, Papi On Ice (Keen Ice) was originally credited for a five-furlong workout on May 1 in the time of 1:04.60. At the time, the horse was on NYRA's “poor performance” list, the result of his having been eased in a Mar. 19 race and then losing by 26 3/4 lengths in a Apr. 16 race. In order to get off the list and to be able to race again, he needed a published four-furlong workout in:53 or faster. Oddly, the rule, which is a NYRA rule, requires that the work must be at four furlongs and at no other distance. When made aware that the work had to be a half-mile in order for the horse to get off the list, Gazer changed the distance to four furlongs and the time to what was Papi On Ice's split for a half-mile, :51.33. The Gaming Commission then stepped in and cited a rule that prohibits “improper, corrupt or fraudulent acts or practices in relation to racing or conspiring or assisting others in such acts or practices,” pretty harsh language for a case where all the clocker did was shorten the distance of a workout by an eighth of a mile.

Gazer refused to roll over, hired a lawyer and filed an appeal. A seven-hour hearing was held and the hearing officer recommended that the case be thrown out and that Gazer should not be penalized. It appeared that Gazer had won. But the case took a 180-degree turn last week when the Gaming Commission rejected the hearing officer's recommendation and voted 6-0 to uphold the original suspension. Karen Murphy, the lawyer representing Gazer, told the TDN that in the 30 years she has been dealing with New York racing regulators never before had she had a commission reject a decision from a hearing officer. Why even use a hearing officer if you are going to ignore what they have to say?

This all comes down to a matter of common sense. Gazer used his when he approved changing the distance of the workout, which was necessary to allow the horse to race and, otherwise, affected nothing. The rule is in place to keep clockers from playing games, giving a horse a five-furlong workout in 1:03 when they actually went in :58. That's not what happened here.

But common sense is in short supply when it comes to the Gaming Commission. Perhaps by the very letter of the rule, Gazer was guilty of some sort of infraction. The best way to handle this would have been to issue a warning and to tell him not to do it again. Use common sense. Don't fine him, suspend him and try to sully his reputation with outlandish charges of corruption and fraud. Don't go to such great lengths that the commission, by a 6-0 vote, ignored the findings of a hearing officer.

“Everybody is horrified,” Murphy said. “Richard Gazer has been doing this for 40 years and is respected by everyone. You should be pinning a medal on someone like him, not telling the world he is fraudster.”

It's all part of a troubling pattern. Since April, the Gaming Commission and its steward, Braulio Baeza Jr., have sanctioned four NYRA employees a total of five times and levied fines totaling $14,500. In most cases, it was nothing more than a case of the person making an honest mistake.

In June, Frank Gabriel, the New York Racing Association senior vice president of racing operations, was fined $4,000 for “failing to follow proper claiming protocol” resulting in the track stewards voiding the claim of the horse Battalion (Tiznow) on May 28. There was a mixup regarding the claim of the horse. The horse was claimed for $25,000 by trainer Rob Atras, but the claim was not relayed to the clerk of scales, so the horse was not brought to the test barn. That led to the voiding of the claim.

Someone made a mistake. It happens. And never mind that Gabriel had nothing to do with this. Nonetheless, Baeza saw reason to sanction him because, he told the Daily Racing Form, Gabriel was the head of the racing department.

NYRA Racing Secretary Keith Doleshel has been fined twice since April, on one occasion $2,000 for “failing to conduct business in a professional manner.” According to NYRA, here's what happened: “Due to an unintentional administrative error, an unauthorized agent claimed a horse. . . . NYRA subsequently discovered the error and notified the NYSGC of its findings.” A horse was claimed at Saratoga by someone who was not licensed by the Gaming Commission or registered with the Jockey Club. But, again, it was an “unintentional error” committed by someone who has never previously been accused of being unprofessional and the mistake was caught. Doleshel has appealed the ruling through his attorney, Drew Mollica.

As for Gazer, there doesn't appear to be a path whereby the fine and suspension can now be overturned. Murphy says she plans to make the point that the Gaming Commission didn't follow procedure when it comes to transparency. The commissioners did not debate or discuss the details of the case during the open, public meeting, which she says is required.

“The chairman knows nothing about racing and shouldn't have done what he did,” she said of Gaming Commission Chairman Brian O'Dwyer. “We all should be upset about this on legal grounds.”

But that's probably not going to help Gazer. He will have to pay his fine and sit out 30 days, the latest example of an overreach by the New York Gaming Commission and its steward. Someone who has been doing this a long time and has earned a reputation for being a straight shooter, Gazer deserved far better.

The Woodward and Cigar Mile Downgraded

The American Graded Stakes Committee showed some tough love to NYRA last week, downgrading the Woodward S. and the Cigar Mile H., from Grade I races to Grade II's. The move wasn't without controversy. The Woodward is a prestigious race with a long, rich history. Twenty of its winners are in the Hall of Fame. During a seven-year stretch beginning in 1974, the race was won by Forego (four straight), Seattle Slew, Affirmed and Spectacular Bid. This year's Cigar Mile included four Grade I winners, including the winner Mind Control (Stay Thirsty), which made the timing of the downgrade a bit puzzling.

As tough as this may have been for NYRA to swallow, it was the right move. Everyone complains that, considering the declining number in the foal crop and that top horses usually only race four or five times a year, there are too many graded races and too many Grade I's. You can't have it both ways and complain about the Woodward and the Cigar. The committee is to be commended for making some tough decisions. There are still 440 graded races and 97 Grade I's. That's too many.

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