Given 22-Month Suspension From HIWU, Trainer Poole Calls Process A ‘Joke’

When two members of Gulfstream Park's security team and a veterinarian descended on his barn on the morning of June 2, the 62-year-old trainer Jeff Poole didn't think he had anything to worry about. According to the Jockey Club's Thoroughbred Regulatory Rulings website, Poole, who has been training since 1989, had never had a violation of any kind. And his recent record–he had won 11 races combined since 2021–hardly suggested that he was a trainer who was taking an edge.

Even when investigators found in his office a tube of Thyro-L, which is used with horses for the correction of conditions associated with low-circulating thyroid hormone, Poole wasn't that alarmed. He was given a prescription for the medication in September to use on a horse that was subsequently transferred to another trainer a month later. He says he had not used the drug on any horse since. At the time, it was perfectly legal to use the drug if a prescription had been obtained and in the states Poole raced in, Florida and Ohio, it was not illegal to possess the medication.

Then everything changed on May 22 when the Horseracing Integrity and Welfare Unit (HIWU) took over, handling the drug testing at most U.S. racetracks and levying the penalties for those who were found to have violated HIWU rules. Under the new Anti-Doping and Medication Control (ADMC) rules, the mere possession of Thyro-L was a serious violation as the drug had been designated a banned substance. Suspensions for banned substances carry suspensions of up to two years.

Jeff Poole was in a lot of trouble.

“I was totally unaware I had (Thyro-L),” he said. “I would have thrown it away. I wasn't even using it and they don't accuse me of using it. All they've accused me of is having it. It is not a performance-enhancing drug. This is a joke.”

Poole got the prescription for use on a horse named King Andres on Sept. 27, 2022 while the horse was training at Thistledown. After that race, he was transferred to the barn of trainer Randy Faulkner. The Thyro-L prescription was written by Dr. Scott Shell. In what may be nothing more than a coincidence, Shell was provisionally suspended by HIWU for being in possession of banned substances, none of which were Thyro-L.

From Thistledown, Poole shipped to Tampa Bay Downs and then to Gulfstream. He said that on each occasion his employees packed up everything that wasn't nailed down in his tack room and office, which included the tube of Thyro-L. While it should have been thrown away, it was simply forgotten and thrown in with the rest of Poole's belongings.

One thing Poole cannot do and has not tried to do is claim ignorance. He admits that on March 15, 2023, while at Tampa Bay Downs, he sat in on a presentation from HIWU Chief of Science Dr. Mary Scollay in which Scollay warned trainers that new rules were about to go into effect and that they needed to get rid of medications that were about to fall into the banned substance category. Thyro-L was specifically mentioned.

“I'm hitting myself over the head,” Poole said. “This is so stupid. I could have gotten rid of the stuff. I just didn't think about it. Too much else on my mind.”

Poole decided to fight, which led to having a hearing before an arbitrator that took place on July 26. That gave him plenty of time to think, beginning with why someone would have inspected his barn in the first place.

“They said someone tipped them off that it was in my office,” Poole said. “As far as I'm concerned, they must have sent a stool pigeon into my place. I never would have let anybody in my office who wasn't a friend. And if a friend saw it and knew what was going on, they would have said 'Jeff, get rid of that stuff. You're not allowed to have it anymore.'”

He's also followed other HIWU cases and claims a pattern is emerging whereby it seems that the majority of those who have been suspended are small-time trainers with limited resources. (Ironically, in his ruling, arbitrator Jeffrey Benz referred to Poole as a “high-level trainer of thoroughbred racehorses.”)

“(HISA CEO) Lisa Lazarus talks about how they're not trying to get rid of the little people but it looks to me like that's exactly what they're trying to do,” Poole said. “They gave me 22 months and I never had a bad drug test on a horse ever. They don't care about destroying a man's life when it's totally unnecessary. Horses are my life.”

Lazarus has had to respond to accusations that HISA is targeting small stables many times. When asked to comment on Poole's accusations she said “The ADMC program is completely unbiased” and referred to a letter to the editor she wrote to the TDN that addressed that issue.

During the first weeks of his suspension, Poole did nothing. He remained convinced that his side of the story would hit home with whomever was to decide his fate and that he would be exonerated. He was, of course, wrong.

“I thought this would all be straightened out,” he said. “I never dreamt they'd do this to me. I sat for months with no income. It got to the point where I couldn't keep doing it. I couldn't make a red cent. There was nothing but money going out.”

Once the arbitrator ruled against him, upheld the 22-month suspension plus a $10,000 fine and ordered Poole to pay $8,000 in arbitration costs, he knew he had to do something. While most trainers who have been provisionally suspended by HIWU have sat on the sidelines, Poole moved his stable to Mountaineer Park. HISA does not have jurisdiction over West Virginia racing. The same goes for Louisiana. So Poole is free to race in both states.

“West Virginia is not my home,” he said. “This is not where I want to be. My home is in Tampa, Florida. Every year I look forward to going home. After Mountaineer closes, my only option is to try to get stalls in Louisiana at the Fair Grounds. That's not a place I ever wanted to go to in my life, but it's either that or welcome to Walmart.”

Poole realizes he made mistakes. He was told by Scollay that Thyro-L was going to become a banned substance and that he needed to get rid of it if he had any in his barn. He ignored her warning. He also understands the trainer responsibility rule. No matter what he might think about the rules regarding Thyro-L, he was in possession of a banned substance and under the trainer responsibility rule he had set himself up for a penalty.

But what he can't understand is why he was suspended 22 months and fined $18,000 for what he considers to be a very minor offense.

“I expected to probably be fined for not discarding it,” he said. “But 22 months? If they think that's fair, that's beyond me. Officials, trainers, owners, everybody is telling me how unfair it was what they did to me. But I didn't see it coming. I don't think I deserve anything more than a possible fine.”

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Vets’ Attorney in Bisphosphonate Suspension Says Drs. Followed the Rules

The attorney for veterinarians Scott Shell and Barbara Hippie, who have been provisionally suspended by the Horse Racing Integrity and Welfare Unit (HIWU) for possession of bisphosphonates and two other medications told the TDN Saturday morning that the veterinarians were operating under the rule as published.

“Drs. Shell and Hippie vehemently deny any violation of the veterinary rules as posted pursuant to HISA,” said Drew Mollica by phone Saturday. “We look forward an immediate hearing so that all of the facts may be explored and their good names and reputations restored. Dr. Shell's practice is known for its integrity, and any substances in his possession were used properly, and were in his possession pursuant to the rules.”

Covered horses are defined by the Horseracing Integrity and Safety Authority “any Thoroughbred horse, or any other horse made subject to the Act by election of the applicable State Racing Commission or the breed governing organization for such horse under section 3054(l), during the period: (A) beginning on the date of the horse's first Timed and Reported Workout at a Racetrack that participates in Covered Horseraces or at a training facility; and (B) ending on the date on which the horse is deemed retired.”

Dr. Shell's three-person practice, for which Dr. Hippie works, covers a HISA-covered area in Ohio—Thistledown–as well as West Virginia, where HISA is not in effect.

Drs. Shell and Hippie are charged with violating Rule 3214 (a), which reads:

Rule 3214. Other Anti-Doping Rule Violations Involving Banned Substances or Banned Methods

The following acts and omissions constitute Anti-Doping Rule Violations by the Covered Person(s) in question:

(a) Possession of a Banned Substance or a Banned Method, unless there is compelling justification for such Possession.

Mollica said that there is no violation of the rules for veterinarians possessing the substances to treat non-covered horses on farms or in other situations. “Both Dr. Shell and Hippie will show unequivocally that they were using the medication for the health and safety of non-covered horses. There's not one allegation of any banned substance being used on a covered horse.”

Earlier in September, Shell testified in person before a HIWU-related arbitration panel on behalf of trainer Dennis VanMeter, whose horse, Templement, had tested positive for isoxsuprine and phenylbutazone. VanMeter was facing a possible two-year ban as a result of the isoxsuprine positive alone.

At the hearing, it was established that Templement had been placed into one of trainer John Brown's stalls at Thistledown previously occupied by a pony routinely administered Isoxsuprine.

In the ruling, it notes that Shell “credibly testified that he and veterinarians in his practice had prescribed isoxsuprine to Mr. John Brown's pony Bucky for the last five years for a condition with its feet that would make it lame without medication.”

The arbitrator found the positive a likely instance of environmental contamination, and that VanMeter bore “no fault or negligence” for the isoxsuprine positive.

That hearing was on Sept. 12, a little over two weeks before Shell and his associate, Hippie, were allegedly found in possession of isoxsuprine and other banned substances, including bisphosphonates.

Additional reporting by Dan Ross. 

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Two Phil’s ‘Rocks’ Cleveland In Ohio Derby Romp

On the shores of Lake Erie in Cleveland sits the Rock and Roll Hall of Fame, and about 15 miles away Saturday afternoon in southeast suburban North Randall, Patricia's Hope, Phillip Sagan and Madaket Stables' Two Phil's (Hard Spun) turned in a heavy metal performance of his own, treating seven rivals to a thorough 'beat'-ing in the $500,000 GIII Ohio Derby. 'TDN Rising Star' Bishops Bay (Uncle Mo), narrowly defeated by next-out GI Belmont S. hero Arcangelo (Arrogate) in the GIII Peter Pan S. last month, was no match for the winner in second, while longshot Hayes Strike (Connect) ran on to be third.

With Jareth Loveberry forced to the sidelines by a most untimely injury, it was Gerardo Corrales–in the irons for Two Phil's's debut at Churchill Downs almost exactly one year ago Saturday–who got the call-up from trainer Larry Rivelli, and despite never being on a stage quite this big, executed a tactically perfect ride on the chestnut.

Away in good order from stall four in the eight-horse field, Two Phil's raced prominently as the rail-drawn Henry Q (Blame) was ridden aggressively by Kendrick Carmouche and led into the first turn while making the running in the three or four path. Bishops Bay raced closest in attendance, and for a stride or two, it appeared that Corrales was going to dive down to the inside before thinking better of it and settling Two Phil's on the back of Bishops Bay. It was arguably the winning move, better than six furlongs from home.

Content to bide his time from third down the backstretch as Henry Q took them through four furlongs in a sensible :47.42, Two Phil's was asked to improve at the three-eighths peg and quickly raced up to his chief market rival, as Henry Q capitulated readily. In front without having been unduly asked by Corrales with a bit less than a quarter-mile to travel, Two Phil's kicked for home and raced away to a comfortable victory. Bishops Bay was switched out at the midstretch marker by Florent Geroux, but it was far too little and far too late.

Runaway winner of last year's GIII Street Sense S., Two Phil's covered himself in glory on the New Orleans road to the Triple Crown, finishing runner-up in the GIII Lecomte S. in January and third to Angel of Empire (Classic Empire) in the GII Risen Star S. the following month. Connections then selected a path of lesser resistance, swerving the GII Louisiana Derby in favor of the GIII Jeff Ruby Steaks Mar. 25, and he duly obliged with a 5 1/4-length thrashing of the classy Major Dude (Bolt d'Oro). Having earned his fair share of admirers, Two Phil's sat relatively close to the wicked early pace in the May 6 GI Kentucky Derby at odds shy of 10-1, went for an early move to lead into the stretch and fought on bravely to be beaten a length into second by Mage (Good Mgic), with Angel of Empire another half-length back in third.

The obligatory discussion of a Preakness S. appearance ensued, always a polarizing debate, but connections stuck to their guns and landed on the Ohio Derby as a springboard to the summer's seven-figure 3-year-old races in New Jersey, New York and Pennsylvania.

Following his performance in front of an enthusiastic crowd Saturday, it is crystal clear that Two Phil's is hitting all the right notes with plenty to play for in the second half of the year.

Pedigree Notes:

Two Phil's is one of 97 worldwide black-type winners (47 graded/group winners) for Darley America's outstanding Hard Spun and is one of three stakes winner and the only one at the graded level for his now Turkish-based broodmare sire General Quarters.

Breeder and part-owner Phillip Sagan raced Mia Torri to four wins from 10 starts including victories in the Sunshine Millions Distaff and Sugar Maple S. while placing in the GIII Charles Town Oaks and the GIII Bed o' Roses S. A half-sister to a pair of stakes performers, the 10-year-old Mia Torri has a 2-year-old colt by Omaha Beach and a yearling colt by McKinzie. There is no reported foal as yet for 2023, but she was bred to Omaha Beach last season.

 

 

 

Saturday, Thistledown
OHIO DERBY-GIII, $500,000, Thistledown, 6-24, 3yo, 1 1/8m, 1:49.60, ft.
1–TWO PHIL'S, 126, c, 3, by Hard Spun
1st Dam: Mia Torri (MSW & MGSP, $314,720), by General Quarters
2nd Dam: Flip the Stone, by Birdstone
3rd Dam: Flippy Diane, by Aaron's Concorde
($150,000 RNA Ylg '21 KEESEP). O-Patricia's Hope LLC, Phillip Sagan and Madaket Stables LLC; B-Phillip Sagan (KY); T-Larry Rivelli; J-Gerardo Corrales. $300,000. Lifetime Record: GISP, 10-5-2-1, $1,583,450. Werk Nick Rating: A. Click for the eNicks report & 5-cross pedigree. Click for the free Equineline.com catalogue-style pedigree.
2–Bishops Bay, 126, c, 3, Uncle Mo–Catch My Drift, by Pioneerof the Nile. ($450,000 Ylg '21 KEESEP). 'TDN Rising Star' O-Spendthrift Farm LLC, Steve Landers, Martin S. Schwartz, Michael Dubb, Ten Strike Racing, Jim Bakke, Titletown Racing, LLC, Kueber Racing, LLC, Big Easy Racing LLC, Rick Kanter, Michael J. Caruso and WinStar Farm LLC; B-WinStar Farm, LLC (KY); T-Brad H. Cox. $100,000.
3–Hayes Strike, 126, c, 3, Connect–Plaid, by Deputy Commander. O/B-Dixiana Farms LLC (KY); T-Kenneth G. McPeek. $50,000.
Margins: 5 3/4, 7, 3 1/4. Odds: 0.60, 1.40, 18.30.
Also Ran: Lord Miles, Henry Q, Timesatappin, Agnello's Dream,Last Cookie.
Click for the Equibase.com chart and the TJCIS.com PPs. VIDEO, sponsored by TVG.

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Agent Says Jockey Mauro Cedillo Is “Going to Be Okay”

It was not hard to expect the worst when apprentice jockey Mauro Cedillo went down in a May 1 spill at Thistledown. It was as frightening a spill as you could ever see and it appeared that he had been trampled by one, if not more horses, after being thrown to the track. He was taken to the intensive care unit at Cleveland's MetroHealth Medical Center and was on a ventilator while heavily sedated.

But less than a week after the spill, the 24-year-old apprentice from Guatemala is in the midst of a remarkable recovery and his agent, Luis Quinones, reports that Cedillo is “going to be ok.”

That was part of a text message that Quinones sent the TDN Monday in which he gave an update on his jockey's status.

“I just want to let you know that Mauro Cedillo was taken off the ventilator (Sunday) and he was breathing on his own,” the text read. “He stood up and was walking good today and he was moving his hands. Everything is going to be ok, according to the doctors. God answered all the prayers.”

Things are going so well that Quinones is hopeful that Cedillo will ride again.

 

“He has no other injuries,” he wrote in a follow-up text. “He got very lucky. He will make a full recovery, the doctors said, and his plan is to ride again. But he will have to be 100%. It will take time but he says he wants to ride again.”

Cedillo was riding Spectacular Road (Road Ruler) in the day's first race when his mount stumbled entering the turn, throwing the rider to the track. At the behest of the jockeys, Thistledown canceled the rest of that day's card.

The 24-year-old Guatemalen native has been riding since 2021 and has 101 career wins, including 23 this year.

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