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Owner Who Filed Remsen Protest Surprised NYSGC Won’t Hear It

A Monday news story in the Blood-Horse stating that the New York State Gaming Commission (NYSGC) would be taking no action on a formal protest lodged by the owner of the runner-up in the Dec. 4 GII Remsen S. came as a surprise to that owner and his attorney, who told TDN later in the day they had received no communication from the commission indicating that the protest wouldn't be allowed to advance.

The matter involves Jeff Drown, the owner of Remsen second-place finisher Zandon (Upstart), who said that the actions of victor Mo Donegal (Uncle Mo) and that colt's jockey, Irad Ortiz, Jr., cost him the win, which was decided by only a nose. In the immediate aftermath of the race, the stewards conducted an inquiry and listened to a foul claim lodged by jockey John Velazquez, but let the order of finish stand without any disqualification.

On Dec. 9, Drown, through his lawyer, Drew Mollica, lodged a protest with the NYSGC over the non-DQ, arguing that the very tight margin of victory was part of what merited a second look by the commission.

The Blood-Horse first reported Dec. 20 that there is no mechanism in this instance for the NYSGC to overturn the stewards' decision. That story quoted NYSGC communications director Brad Maione, who said, “The Remsen was declared official by the stewards. There is no process for appeal once the race is declared final by the stewards.”

That decision was news to Mollica, who spoke to TDN on Monday both before and after checking with his client to confirm that the NYSGC had never alerted either of them that their formal protest would not move forward.

“Neither my client nor I have been officially informed of any action or inaction by the gaming commission,” Mollica said. “As such, we have no comment. But we are surprised there are press stories about this without the gaming commission contacting us. When we are officially informed that that's their position, we'll weigh our options.”

When TDN attempted to get a clarification from Maione via email Monday afternoon, Maione did not directly answer a question asking if the NYSGC had made any attempt to communicate with Drown. Instead, Maione's reply contained only a link to the original stewards' decision from Dec. 4, plus a copy of commission rule 4025.1.

That rule states, “Every person subscribing to a sweepstake or entering a horse in a race to be run under this Article accepts the decision of the stewards or the decision of the commission, as the case may be, on any question relating to a race or to racing.”

As the two colts crested the eighth pole in lockstep for the final furlong of the Remsen, Mo Donegal tightened the gap between them under right-handed stick work from Ortiz, then the two colts bumped and brushed approaching the wire.

The Equibase chart described how Ortiz threw “repeated exaggerated crosses with the left-hand rein near the face of the runner-up” in an “attempt to intimidate” Zandon.

Velazquez said post-race that Mo Donegal, “laid on top of me right before the wire and just beat me by very little.”

The day after the Remsen, Ortiz was suspended 30 days by the Aqueduct stewards for careless riding, primarily for his role in unseating another jockey in a Dec. 3 race. But state steward Braulio Baeza, Jr. told Daily Racing Form Dec. 5 that part of that penalty also had to do with Ortiz's stretch ride in the Remsen.

In addition, there were two substitute stewards on the job at Aqueduct on the day of the Remsen, when state steward Baeza and Jockey Club steward Jennifer Durenberger were both not officiating the races.

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NYSGC: No Action Will Be Taken On Owner’s Appeal Of Remsen Finish

Owner Jeff Drown filed a protest with the New York State Gaming Commission over the finish of the Grade 2 Remsen Stakes on Dec. 4, 2021 at Aqueduct, in which his horse Zandon was beaten a nose by Mo Donegal. Stewards held an inquiry into the finish, looking at contact between the first and second-place finishers in the stretch run, but they ultimately upheld the original order of finish.

This week, a the NYSGC's communications director Brad Maione told bloodhorse.com that the commission will not take action on the protest, since there is no way to overturn the stewards' decision.

“The Remsen was declared official by the stewards. There is no process for appeal once the race is declared final by the stewards,” Maione said.

According to the Equibase chart notes of the race, second-place finisher Zandon “rallied to the lead in upper stretch, lost the advantage to the winner [Mo Donegal] before the eighth pole, dug in gamely on the inside in the final furlong, had the winner's rider [Irad Ortiz, Jr.] attempt to intimidate him late then bumped approaching the wire and just missed in a determined effort.”

Jockey Irad Ortiz, Jr. was subsequently suspended 30 days for an incident that occurred on Friday, Dec. 3 at Aqueduct.

The Week in Review: Time to Bring the Hammer Down on The Juice Man

The Jorge Navarro case was back in the news last week as lawyers representing the federal government submitted a sentencing letter regarding the disgraced trainer to Judge Mary Kay Vyskocil. They recommended that Navarro get the maximum allowable sentence for doping racehorses under his care, five years. He will be sentenced Friday.

The government lawyers did their job and they did it well, and they want no mercy for the Juice Man. Read the sentencing letter and the first conclusion you will come to is probably the same one I had–that five years is not nearly enough.

We already knew what Navarro was doing. He was pumping every toxic chemical he could find into every horse he had, all in an effort to win more races and collect more purse money, never once concerned about the welfare of the animal.

“Jorge Navarro's case reflects failings, greed, and corruption at virtually every level of the world of professional horse racing. For money and fame, corrupt trainers went to increasing extremes to dope horses under their care,” the filing begins.

It continues: “Navarro's aggressive pursuit of PEDs–and his eagerness to use racehorses under his care to test the potency of novel PEDs–displayed a particularly callous disregard for the well-being of the horses under his care and control.”

What we didn't know until the latest court filing was released was just how brazen and unrepentant he was. It may not seem possible, but Navarro's core was even more rotten than we had thought.

The government maintains that Navarro “considered his prolific doping campaign a badge of honor.” How else do you explain why he owned a pair of shoes emblazoned across the front with the words “#JUICE MAN.”? Or that in 2018 he sent a text to trainer Marcos Zulueta that included pictures of monkeys, rockets, syringes, horses and pills, apparently a reference to a drug he was using called “monkey.” The pictures were proceeded by the words “Te encanta,” Spanish for “You love it.” Or that he received via text a GIF from an unnamed associate that showed a syringe loaded with money?

“The intensity of Navarro's doping was matched by his apparent glee in this illicit conduct,” the government writes.

The government also wants Navarro to pay $25.8 million in restitution to those he cheated out of purse money. It's not clear how they came up with that number or who exactly is entitled to the money. It's also highly unlikely that Navarro has $25.8 million, or anywhere close to that. So this part of his punishment may not go anywhere, but it's good to see that the government is also going after whatever money he has.

Then there was the prediction from Navarro's lawyer in a filing that the trainer will most likely be deported to his native Panama after serving his sentence. Good riddance.

Earlier this month, in a pre-sentencing report of their own, Navarro's defense team asked the judge to limit his sentence to 3 1/2 years. In doing so, they painted a much different picture of their client. They say he loved his horses and that his insatiable desire to win tainted his judgment.

Their filing included statement from several individuals who vouched for his character. One came from veterinarian Joel Lugo, who recalled Navarro's reaction to the death of star sprinter XY Jet (Kantharos). The horse died in January, 2020 from what Navarro said was a heart attack.

“I remember the day when XY Jet passed away,” Lugo wrote. “Jorge called me crying to tell me directly the news. I know Navarro was devastated because he truly loved XY Jet.”

Jockey Jose Ferrer wrote of Navarro that he “admired his hard work ethic and love for both the sport and the animal.”

Such sentiments are laughable. Anyone who can do to these animals what Navarro did does not love their horses. Navarro abused his horses.

“These are among some of the factors that put the lie to Navarro's submission and his multiple letters of support quoted in and appended to Navarro's sentencing submission, in which third parties claim that Navarro made decisions for the health and well-being of his horses,” the government wrote. “That notion simply does not comport with the hundreds of conversations wherein Navarro sought PEDs to use on his horses, discussed administering novel PEDs on his horses, pushed horses in poor physical shape to compete, and displayed indifference at the physical ramifications of administering PEDs to horses.”

One can only hope that Vyskocil agrees. Send him to prison for five years. Deport him. Take away his money. It's time for the Juice Man to get what he deserves.

And What About Navarro's Owners?

The government's sentencing letter includes a recapping of a conversation with the owner of a horse named Nanoosh (Paytner). The unnamed owner and Navarro discuss the horse's recent poor form and the owner asks him if he was “giving them [Nanoosh] all the shit?” The owner also asked Navarro, “Is this horse jacked out? Is he on fucking pills or what or are we just fucking -,” Navarro responded, “Everything…he gets everything.”

The same exchange was also referred to 21 months ago when Navarro was originally indicted. According to Equibase, the horse was owned by the partnership of Rockingham Ranch, Zayat Stables LL and David A. Bernsen LLC. Rockingham Ranch and Bernsen are still active owners. Zayat, due to problems unrelated to Nanoosh, is not active in the sport.

Doesn't anyone in the sport want to get to the bottom of this? It can't be that hard to find out who the owner was that had the discussion with Navarro. Once the name is revealed, that person should be barred from the sport immediately and permanently.

The Remsen Fiasco

Protests seeking to overrule stewards' decisions usually don't get very far, but the case of this year's GII Remsen S. is one where the New York Gaming Commission should absolutely reverse the order of finish. The Aqueduct stewards got this one wrong.

The race came down to Mo Donegal (Uncle Mo) and Zandon (Upstart), who were noses apart as they headed toward the wire. Aboard race winner Mo Donegal, jockey Irad Ortiz, Jr. appeared to go out of his way to intimidate his rival. The two bumped near the wire with, according to the Equibase chart, Ortiz throwing “repeated exaggerated crosses with the left rein near the face of the runner-up…”It got so bad that Ortiz appeared to strike Zandon with his elbow.

Mo Donegal won by a nose.

Zandon's owner Jeff Drown filed his protest last week and maintained that his horse would have won if not for Ortiz's antics. He's not wrong.

It's not just that the stewards blew this decision. That it involved Ortiz was not a surprise. A day earlier, riding a horse named Gran Casique (Algorithms), he dropped another rider when, down the backstretch, he came over several paths on his way to trying to maintain a position on the rail. For that ride, he was hit with a 30-day careless riding suspension.

For months, Ortiz's critics have been calling him out for his overly aggressive riding style and, in particular, his penchant for herding other horses and riders. Yet, until the Gran Casique race, the NYRA stewards had more or less looked the other way. That appeared to embolden Ortiz.

Yes, the stewards did the right thing when they gave Ortiz the 30-day suspension. But they reverted to form in the Remsen. They didn't take Mo Donegal down and they didn't suspend or fine Ortiz for his ride. Once again, when it came to Ortiz, the wrong message was sent.

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Owner of Remsen Runner-up Protesting Non-DQ of Winner

The owner of the runner-up in last Saturday's GII Remsen S. at Aqueduct has lodged a protest with the New York State Gaming Commission (NYSGC) over the stewards' non-disqualification of the winner by a nose in that race after both an inquiry and a jockey's foul claim regarding the stretch run.

Dave Grening of Daily Racing Form first reported the news on Thursday. He quoted Jeff Drown, the owner of second-place finisher Zandon (Upstart), who said that the actions of victor Mo Donegal (Uncle Mo) and that colt's jockey, Irad Ortiz Jr., cost him the win.

“Certainly, the outcome was affected by how the race was ridden,” Drown told DRF.

Mo Donegal skimmed across the heels of the four frontrunners to escape traffic at the top of the lane and was poised to pounce in upper stretch with a bid to the outside of Zandon and jockey John Velazquez.

The two colts crested the eighth pole in lockstep, then Mo Donegal tightened the lateral gap between them under right-handed stick work from Ortiz. But being put into tighter quarters seemed to embolden Zandon, who fought back gamely as the two bumped and brushed approaching the wire.

The Equibase chart caller described how Irad Ortiz Jr. threw “repeated exaggerated crosses with the left-hand rein near the face of the runner-up” in an “attempt to intimidate” Zandon.

“We were down the lane fighting in a big race,” Ortiz said right after that Dec. 4 win. “[Velazquez] was riding his horse and I was riding mine. It was a good race and we got together a little before the wire, but it was a beautiful race.”

Velazquez said Mo Donegal “got on top of me and I just missed. He laid on top of me right before the wire and just beat me by very little.”

Drew Mollica, a New York-based attorney who specializes in racing-related cases and is representing Drown, told TDN that the very tight margin of victory is part of what merits a review.

“My client's position is there's no question it was a foul. The facts speak for themselves. If Mo Donegal had won by eight lengths, you could say [the actions of the winner and his jockey] didn't affect the outcome of the race. But Zandon was beaten an inch,” Mollica said.

Two other factors could come into play if the NYSGC opts for a review.

The first is that the day after the Remsen, Ortiz was suspended 30 days by the Aqueduct stewards for careless riding, primarily for his role in unseating another jockey in a Dec. 3 race. But state steward Braulio Baeza Jr. told DRF on Sunday that part of that penalty also had to do with Ortiz's stretch ride in the Remsen, “even though the official ruling of Ortiz's suspension does not reference the Remsen,” Grening wrote.

The second factor has to do with there being two substitute stewards on the job at Aqueduct on the day of the Remsen.

DRF reported that state steward Baeza and Jockey Club steward Jennifer Durenberger were both not officiating the races on Saturday. “Stephen Pagano, a steward at Monmouth Park, filled in for Durenberger. Carmine Donofrio, a longtime commission steward at New York Racing Association tracks who retired nearly eight years ago from that position, filled in for Baeza,” Grening wrote.

When asked if the substitute stewards would factor into his client's planned appeal, Mollica said, “In New York, as you know, the final arbiter of anything is the state steward. But the issue at hand is the horse was beaten an inch.”

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