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Lukas Classic: HISA Concludes Hot Rod Charlie Was Not In Violation Of Horseshoe Rules

A statement released Tuesday by the Horseracing Integrity and Safety Authority may put an end to the controversy surrounding this year's edition of the Grade 2 Lukas Classic at Churchill Downs. Not only was jockey Sonny Leon (Rich Strike) issued a 15-day suspension for his actions after a fight to the finish with eventual winners Tyler Gaffalione and Hot Rod Charlie, it was also later alleged that Hot Rod Charlie's footwear violated HISA's horseshoeing rules.

Photos of the race were purported to show a toe grab on Hot Rod Charlie's front shoe, which would be a violation of HISA regulations. However, HISA's investigation and independent review have concluded that Hot Rod Charlie was not in violation of the the HISA shoeing rules during the Lukas Classic.

The full statement from HISA is as follows: Last week, HISA received the findings of the investigation undertaken by HISA stewards concerning Hot Rod Charlie's participation in the Lukas Classic on Oct. 1, 2022 at Churchill Downs. The stewards concluded that Hot Rod Charlie was not in violation of HISA's horseshoe rules. After an independent review of the documents and related evidence submitted by the stewards, HISA has determined that the investigation was well-conducted and thorough, and agrees with the conclusion of the stewards.

HISA rule 2276 prohibits traction devices in the forelimb, including but not limited to rims, toe grabs, bends, jar calks and stickers. In late July, HISA altered its original traction device ban on both fore and hind limbs to permit either a full outer rim shoe (up to 4 mm in height) or a toe grab (up to 4 mm in height) on the hind limbs for dirt races. Rule 2276 does not say whether violations may result in disqualification.

Prior to the creation of HISA, the Kentucky commission already had a ban on front limb toe grabs.

Hot Rod Charlie's trainer, Doug O'Neill, denied the allegations with the following statement posted on his Facebook page:

“I would like to address the current story and the photo contained in the article that have surfaced since Saturday's win by Hot Rod Charlie in the Lukas Classic at Churchill Downs.

I swear on a stack of Bibles, that none of the horses in our stable wears toe grabs, and have not for years. I am 100% behind the science and studies that show toe grabs heighten the risk of limb injury, which is why we stopped using shoes with toe grabs long ago.

After seeing the photo, I don't blame Eric Reed for questioning Charlie's shoes. My only thought is that the photo is a weird reflection or is a result of it being altered.”

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Indiana’s Summary Suspension Of Veterinarian Expires After State Does Not Pursue Charges

The summary suspension of veterinarian Dr. Cynthia Loomis has expired after the Indiana Horse Racing Commission failed to take further action against her, according to a ruling by an administrative law judge dated Oct. 15.

Loomis was summarily suspended on July 4 of this year alongside owner/trainer Marvin Johnson. Stewards in Indiana did not specify in their ruling what either was alleged to have done, but Johnson told Thoroughbred Daily News at the time that Loomis was found treating one of his horses at Horseshoe Indianapolis on race day, an allegation Loomis denies.

Summary suspensions are intended to immediately remove a licensee from sanctioned grounds until a hearing can be held to determine whether they violated racing regulations. Loomis appealed the summary suspension, and after she was denied, filed a motion for reconsideration. In that motion, Loomis argued that the summary suspension was amended in July to be given an end date of Oct. 3, which has come and gone. Although she has been told the commission is continuing its investigations, Loomis claims there are no hearings scheduled in the case.

Administrative law judge Michael Buker wrote in his finding that there are circumstances in which a summary suspension may be extended, but that he found Loomis' case did not meet those legal requirements since there was no indication on Oct. 3 that there were charges pending against her.

Indiana Horse Racing Commission executive director Deena Pittman did not respond to a request for comment at press time. In Buker's ruling, he wrote that “As a threshold matter, Respondent [Indiana Horse Racing Commission] acknowledges that an Administrative Complaint has not been filed as of Oct. 13, 2022. According to Respondent, the investigation is ongoing because (1) investigators have discovered additional alleged violations requiring further investigation, and (2) Petitioner's employer has not sufficiently cooperated with Respondent's investigators.”

Pittman has failed to respond to multiple requests by the Paulick Report in recent weeks for updates on the status of Marvin Johnson's case.

Last week, Indiana stewards issued a summary suspension of assistant trainer Christy Johnson, who is married to Marvin. Pittman confirmed at that time that Christy's suspension was related to Marvin's, but declined to elaborate on what Christy is alleged to have done.

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Graham Motion, Mark Casse Among Members Of HISA’s Horsemen’s Advisory Group

The Horseracing Integrity and Safety Authority (HISA) has announced the members of its Horsemen's Advisory Group, who were selected from among the more than 250 applications received from hands-on racing participants from across the country. Starting in November, the Advisory Group will convene on a monthly basis to provide feedback to the Authority's executive team and Standing Committees on the implementation and evolution of HISA's Racetrack Safety and Anti-Doping and Medication Control regulations.

Following HISA's announcement of the Advisory Group's formation on August 29, HISA chose 19 members who together represent a broad range of views and experience from across the American horseracing community. Included among them are trainers, owners and veterinarians, as well as representatives of racing offices, backstretch employees, farriers and aftercare initiatives. Members will serve between 1–2-year terms to stagger changes in the composition of the group and to maximize the opportunity for participation across the industry in the coming years.

“I want to thank everyone across the horseracing community who expressed interest in joining the Horsemen's Advisory Group. I am particularly grateful to its distinguished and highly qualified new members who have agreed to collaborate with us on an ongoing basis,” said Lisa Lazarus, HISA CEO. “I know that HISA will benefit immensely from this group's extensive, hands-on experience in Thoroughbred racing as we continue to work with all industry stakeholders to advance the safety and integrity of our sport.”

The following individuals have been selected to serve as members of the inaugural Horsemen's Advisory Group:

Mark Casse is a trainer and the founder of Casse Racing based in Ocala, Florida. Mark has been inducted into both the Canadian Horse Racing Hall of Fame and the National Museum of Racing Hall of Fame.

Kelsey Danner is a trainer based at Palm Meadows in Boynton Beach, Florida and at Delaware Park.

Tom Drury is a trainer from Louisville, Kentucky and a board member of the Kentucky Thoroughbred Association (KTA) and Kentucky Thoroughbred Owners and Breeders (KTOB).

Linda Gaudet is Vice President of the Maryland Thoroughbred Horsemen's Association (MTHA), where she has been a member since its inception in 1994. Gaudet will serve as the Horsemen's Advisory Group's Backstretch Worker Representative given her history of advocacy on behalf of Backstretch workers.

Rick Gold is chair of the Thoroughbred Owners of California's Integrity and Safety Committee and a Thoroughbred racehorse owner in California and Australia.

Donnie K Von Hemel is a trainer based in Piedmont, Oklahoma operating Von Hemel Racing, founded by his father Don Von Hemel. Donnie races in, Arkansas, Kentucky and Oklahoma.

Fred Hertrich III is the former chairman of the Breeders' Cup Board of Directors and proprietor of Watercress Farm in Paris, Kentucky. Fred has been a breeder and owner of standardbred racehorses for the last 35 years and is also the Treasurer of the Hambletonian Society. Fred will be serving as the Advisory Group's Harness Racing Representative.

David Ingordo is a Thoroughbred racehorse owner and Bloodstock agent.

Frank Jones serves as Vice Chairman of both the Kentucky Horse Racing Commission and Kentucky Horsemen's Benevolent and Protective Association. He is also a Thoroughbred racehorse owner and an avid horseplayer.

Tim Keefe is President of the MTHA and a trainer stabled at Laurel Park in Maryland.

Dr. Sara Langsam is an equine veterinarian with Teigland, Franklin and Brokken DVMs who is based at Belmont Park. She is one of the Advisory Group's two Veterinarian Representatives.

Ron Moquett is an Oklahoma native and trainer based in Hot Springs, Arkansas. He races in Arkansas, Kentucky, New York and Oklahoma.

Maggi Moss is a former chief Prosecutor from Des Moines, Iowa and a practicing attorney who is also a Thoroughbred owner with horses racing in Iowa, Kentucky, Louisiana and New York.

Graham Motion was born in Newmarket, England and is a trainer based in Fair Hill, Maryland and the owner of Herringswell Stables.

Dr. John Piehowicz is an equine veterinarian and founder of Cincinnati Equine, LLC. He will serve as the second Veterinarian Representative.

Tom Robbins is Executive Vice President, Racing and Industry Relations at the Del Mar Thoroughbred Club and will be serving as the Advisory Group's Racing Office Representative.

Rick Schosberg is a trainer and Vice-President of the New York Thoroughbred Horsemen's Association (NYTHA), President of Take2 Second Career Thoroughbreds, and Director on the Board of the Thoroughbred Aftercare Alliance.

Thomas Trosin is a second-generation Farrier and past President of the American Farriers Association. Thomas has been licensed as a plater in both California and Oklahoma and will serve as the Advisory Group's Farrier Representative.

Kirk Wycoff is a Thoroughbred racehorse owner and the proprietor of Three Diamonds Farm.

About the Horseracing Integrity and Safety Authority

Established when the Horseracing Integrity and Safety Act was signed into federal law in 2020, the Horseracing Integrity and Safety Authority (HISA) is responsible for drafting and enforcing uniform safety and integrity rules in thoroughbred racing in the U.S. Overseen by the Federal Trade Commission (FTC), HISA was created to implement, for the first time, a national, uniform set of rules applicable to every thoroughbred racing participant and racetrack facility. HISA is comprised of two programs: the Racetrack Safety Program, which went into effect July 1, 2022, and the Anti-Doping and Medication Control (ADMC) Program, which will go into effect in January 2023.

The Racetrack Safety Program includes operational safety rules and national racetrack accreditation standards that seek to enhance equine welfare and minimize equine and jockey injury. The Program expands veterinary oversight, imposes surface maintenance and testing requirements, enhances jockey safety, regulates riding crop use, and implements voided claim rules, among other important measures.

The ADMC Program will create a centralized testing and results management process and apply uniform penalties for integrity violations efficiently and consistently across the United States. These rules and enforcement mechanisms will be administered by a new independent agency, the Horseracing Integrity and Welfare Unit (HIWU), established by Drug Free Sport International (DFS). HIWU will oversee testing, educate stakeholders on the new system, accredit laboratories, investigate potential integrity violations and prosecute rule breaches.

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Indiana Stewards Summarily Suspend Assistant To Marvin Johnson

Indiana stewards have issued a summary suspension to assistant trainer Christy Johnson, three months after suspending her husband, trainer Marvin Johnson.

Deena Pitman, executive director for the Indiana Horse Racing Commission, confirmed the summary suspension of Christy is “related to” the suspension of Marvin but did not comment further on what offenses Christy may have committed. She has a stewards' hearing scheduled for Friday, Oct. 14.

According to a ruling published on Oct. 4, Christy Johnson was suspended for “actions not in the best interests of racing and which compromise the integrity of operations at a racetrack.” An end date was given for her summary suspension of Dec. 31, 2022.

Marvin Johnson was summarily suspended in early July alongside veterinarian Dr. Cynthia Loomis. The summary suspension rulings published at the time also did not detail the reason for the suspension, but Johnson later told the Thoroughbred Daily News that he had been away from his barn recovering from surgery when Loomis went to the barn and was observed treating a horse on race day in violation of state rules.

Marvin Johnson has been training horses since 1974 and was the top trainer at Horseshoe Indianapolis at the time of his suspension. At the time, his horses were required to be transferred to other trainers and according to sources who spoke with the Paulick Report, would be unable to run for 60 days after the time of the infraction.

Pitman did not provide an update on the case status for Marvin Johnson or Loomis at press time.

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