Tag: Top News

Government Witnesses Take Stand in Giannelli Trial

Conor Flynn, a witness at Lisa Giannelli's horse doping trial May 2, testified that he was a former harness trainer who understood the penalties for violating race-day medication rules.

“You're not supposed to administer any drugs on race day,” Flynn, 32, told the jury on the trial's fourth day in U.S. District Court in New York.
Flynn is testifying for the government as a cooperating witness–the second cooperator to flip and testify against Giannelli who is on trial on a charge of conspiring to misbrand and adulterate drugs. The other cooperator was Ross Cohen, also a former harness trainer.

Cohen testified last week that he purchased performance-enhancing drugs from Giannelli. He also testified on cross-examination that he fixed horse races.

Prosecutors charged Flynn and Cohen two years ago as part of the government's sweeping crackdown on horse doping. Other harness trainers have been arrested in the case as well as several Thoroughbred trainers, veterinarians and those prosecutors say were distributors.
Flynn and Cohen pleaded guilty and agreed to cooperate in a bid for leniency at their sentencings.

Flynn was indicted on charges of conspiring to secretly administer performance-enhancing drugs to horses under his care.

He testified he became a licensed New York harness trainer when he moved to New York in 2009. He said in 2015 Richard Banca hired him as an assistant trainer at the Mount Hope Trainer Center in Middletown. Banca was among those nabbed in the horse doping case. He pleaded guilty last month and is scheduled to be sentenced in September.

Flynn began testifying late in the day and his testimony was cut short when court recessed for the day. He returns to the stand May 3.

The day's first witness was Food and Drug Administration veterinarian Dr. Jean Bowman who testified as a government expert witness on new animal drugs.

During her testimony prosecutor Sarah Mortazavi asked Bowman about a document that was found on Giannelli's computer during an FBI search. It was an inventory list of drugs available for purchase.

The list included a product called HP Bleeder Plus along with a description that it could “achieve the same results without the same side effects of Lasix.”

Prosecutors have said HP Bleeder Plus was a performance-enhancing drug. They said veterinarian Seth Fishman, Giannelli's boss at Equestology, was the product's manufacturer. In February, a jury convicted Fishman of creating PEDs that were used to dope racehorses and that were designed to avoid being detected in post-race tests.

With Bowman on the stand Mortazavi played for the jury a wiretapped conversation from three years ago in which a customer ordered a bottle of HP Bleeder from Giannelli.

“Okay,” Giannelli is heard saying.

“Just mail it,” the customer says to her.

“Okay,” she says.

Bowman testified the bottles of HP Bleeder that the FBI seized in raids in Pennsylvania and New York violated FDA rules.

“It's missing the prescription legend, the name of the veterinarian,” Bowman testified. “It lacks information on the manufacturer and the ingredients.”

On cross-examination, Giannelli's attorney Louis Fasulo tried to get Bowman to say that a veterinarian could compound drugs if he wanted to create his own product.

“He'd have to meet certain conditions,” the witness responded. She said it would be okay only to prevent an animal's death or suffering or when no other drug was available.

“And suffering would be up to the discretion of the veterinarian,” Fasulo said.

Bowman disagreed.

“I think there's a pretty good definition for what is meant by suffering,” she testified.

The give and take continued as Fasulo continued to press the topic, suggesting it would be okay for a veterinarian to compound drugs, if it involved the use of two approved drugs.

Bowman testified in that instance you didn't need to compound anything. You could just administer the two drugs separately.

On re-direct examination, Mortazavi asked Bowman about her answers to the drug compounding questions.

“Animal suffering wouldn't be running slow?” she asked.

“No,” Bowman replied.

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CDI Wants Baffert Suit Dismissed in Entirety

On the same afternoon that Churchill Downs took entries for the GI Kentucky Derby that included two horses formerly trained by barred trainer Bob Baffert, the gaming corporation that controls the Derby asked a federal judge to dismiss a lawsuit Baffert had filed Feb. 28 attempt to get his private-property banishment by Churchill Downs, Inc. (CDI), overturned.

Back on Apr. 11, the same federal judge in United States District Court (Western District of Kentucky) had permitted Baffert to withdraw his motion for a preliminary injunction to allow him to enter horses in this year's Derby when it became evident that such a motion, even if successful, would have been trumped by a Kentucky Horse Racing Commission (KHRC) equine drug suspension that Baffert is currently serving.

But because the original lawsuit was also intended to fight CDI's two-year banishment of Baffert that runs through the 2023 Derby, the suit remains active despite the withdrawal of the motion for injunction. So on May 2, CDI took the next logical legal step by asking for the suit as a whole to be thrown out.

“This lawsuit is as meritless as all of his others,” CDI stated in its dismissal motion, alluding to court cases Baffert has initiated against the New York Racing Association (NYRA) and the KHRC. “Baffert's claims fail as a matter of law, and this Court should dismiss his complaint in its entirety.”

Baffert's flurry of litigation over the past year stems from now-deceased Medina Spirit testing positive for betamethasone after winning the 2021 Derby, plus Baffert's recent history of equine drug positives in major races.

Last May CDI barred Baffert from its properties. The New York Racing Association (NYRA) has also sought to ban the Hall of Fame trainer, but a federal judge has ruled Baffert can still race in New York while an internal NYRA exclusion hearing process plays out. Baffert also recently failed in Kentucky courts to get a stay of his 90-day suspension and $7,500 fine while those KHRC penalties go through a separate appeals process.

The Feb. 28 complaint alleged that CDI and its corporate officers and executives have, “without legal authority and without any notice or opportunity to be heard, 'suspended' Baffert's right to race horses on CDI properties, precluding him from practicing his chosen profession or using his license on CDI properties. CDI's actions also constitute an unlawful restraint on trade.”

CDI begged to differ in its May 2 dismissal motion.

“Whatever his theory may be, Baffert is wrong in contending that CDI had no right to exclude him,” the court document stated, noting that legal precedents have already established that Churchill Downs is “a private facility” that may “exclude whomever it desire[s] from the track.”

CDI laid out four specific reasons for the suit to be tossed out.

“First, the due process claim fails because CDI is a private corporation, the individual defendants are not government officials, and no one violated Baffert's rights in any event…

“Second, the 'unlawful exclusion' claim fails because Kentucky has never recognized a standalone tort of unlawful exclusion. Nor can there be tort liability where, as here, the tort claim is not independent of the parties' contractual duties. CDI has a well-settled common law and contractual right to exclude from its property and its races repeat offenders like Baffert who endanger the safety of horses and jockeys, and threaten the integrity of the sport and CDI's signature events.

“Third, the antitrust claims fail because Baffert does not allege antitrust injury. His argument is that CDI's suspension injured him; he does not plausibly allege that the suspension harmed competition in a commercial market–the type of injury the antitrust laws were intended to prevent. His claim of a conspiracy to restrain trade fails because he has not alleged an actionable conspiracy…

“Fourth, the tortious interference claims fail because it is well-settled Kentucky law that exercising rights under a contract–as CDI indisputably did here when it suspended Baffert–cannot give rise to such claims. Baffert also failed to allege facts that plausibly show Defendants acted with malice.

“This lawsuit is nothing more than Baffert's latest attempt to dodge accountability for his wrongful actions,” CDI summed up. “The Court should dismiss his complaint with prejudice.”

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Callie Witt’s Parents Thank the Racing Community

Press Release, by Jen Roytz

The family of Callie Witt, the exercise rider who died following an accident on Keeneland's training track Friday morning, would like to thank the racing community for the outpouring of support they have received since Callie's passing.

“We want to thank each and every person that has reached out, said prayers, took the time to think of our daughter. We are in complete shock and overwhelmed not only with the loss of our baby girl, but by the tremendous outpouring of support we have received,” said parents Tim and Jennifer in a joint statement. “We always knew Callie was special and destined for greatness from the time she was born, but we had no idea she would touch so many people.

“We will never really know why this happened or why she has left us so soon. What we do know is that she was born to ride. It ran so deep and thick in her veins. We preached to her from the time she was 18 months old to the day we lost her about the dangers of this sport and we always got the same reply: 'if I am going to die, I want to be doing what I love.' Our baby girl did just that. She was making those dreams a reality. We are so proud of her – who she was, what she was and where she was going. She will forever be in our hearts.”

Witt, 20, was an exercise rider for trainer Joe Sharp. A native of Rogers, Nebraska, she realized her passion for horses at an early age and quickly grew into an accomplished rider. She competed in barrel racing and other Western and English events since the age of three and rode Thoroughbreds since the age of 14. She was also a member of Future Farmers of America (FFA) and 4-H and won numerous awards during her time with the organizations.

In addition to her equestrian activities, Witt was a talented wrestler for North Bend Central High School, earning a bronze medal at the 2019 AAU Scholastic Duals Girls' Nationals and winning the Girls' State Wrestling Championship in Nebraska for the 113-pound weight class in 2020.

After graduating from high school with high distinction, Witt was a student of the Bluegrass Community and Technical College, where she was enrolled in the North American Racing Academy.

“Callie had such an incredible, caring heart,” said her mother, Jennifer Witt. “She always acted so tough, but had such compassion for people and animals. If she felt someone – a horse or human, or any animal – was being mistreated, she dedicated herself to being their advocate, showing courage and compassion well beyond her years.”

Known for her incredible work ethic and dedication to honing her craft, Witt rode at local Thoroughbred training farms, including WinStar Farm and Margaux Farm once morning track training concluded at Keeneland.

“Everything she did was bar none. Every time Joe [Sharp] or anyone else set the bar, she cleared it and strived to do even better,” said Tim. “Like all great athletes and equestrians, her biggest critic was herself. No matter how well she did at something, she always thought she could do it better.”

Before coming to Kentucky, she worked at Fonner Park in Nebraska, where she exercised horses in the mornings and ponied for the races in the afternoons aboard her beloved horse, Miles.

“Miles was a horse one of her teachers asked her to start under saddle. He was big, and for them he was tough, but Callie had such a way with horses and made him into a dream to ride,” said Tim. “She ended up buying him from her teacher, teaching him to pony, and within four months of ponying at the track, she had him paid off, and he's proven her intuition about him right again and again over the years. I'll admit I'm not typically fond of paint horses, but Miles is a Cadillac of a ride, and that's a testament to her training abilities.”

Keeneland remembered Witt throughout the race day, flying their flags at half-staff and holding a moment of silence to honor her memory. Sharp's racing stable won the 7th race on the card and the stable staff brought Miles into the winner's circle for the photo.

TVG's Christina Blacker and Caleb Keller discussed Witt's life and accomplishments with their audience prior to the beginning of racing that day. TVG analyst Joaquin Jamie interviewed Sharp after the race, discussing Witt's love for horses, kindness, work ethic and passion for the sport.

Several other tracks throughout the country also remembered Witt throughout the weekend with winner's circle gatherings and moments of silence.

“We are overwhelmed with gratitude for the kindness and compassion we've received,” said Jennifer. “There are so many we want to thank; we don't know where to start. Some of them we don't even know the names of, but we felt their love. The Alpha Event Medical Team who rushed to her aid when she fell, and those who stayed in communication with us until we could travel to Kentucky. The staff of the University of Kentucky emergency room who did all they could to try to save her. So many who have helped us through our grief and the unbearable logistics that come with laying your child to rest. Joe Sharp and his team, the staff at Keeneland, her friends, colleagues, classmates, stables she rode for…the list is so long and we are so profoundly grateful for each and every gesture of support.”

In addition to parents Tim and Jennifer, Witt's family included two older siblings, Sivana and Mason, as well as her boyfriend, Trey Miller.

Private funeral services for Witt are being scheduled in Nebraska. The Witt family asks that in lieu of flowers, donations can be made in Callie Witt's name to the Callie Witt Memorial Fund at BCTC Equine, home of the North American Racing Academy; The Jockey Club's Safety Net Foundation; and/or the Blue Grass Farms Charities.

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Zandon Tabbed as 3-1 Kentucky Derby ML Favorite from Post 10

LOUISVILLE, KY – With all of the morning buzz surrounding Zandon (Upstart) since his dramatic come-from-behind victory in the GI Toyota Blue Grass S., Mike Battaglia installed the handsome dark bay as the 3-1 morning-line favorite for Saturday's GI Kentucky Derby after drawing right in the middle in post 10.

The Jeff Drown colorbearer, a $170,000 Keeneland September Yearling purchase, has posted a pair of much-discussed breezes for Chad Brown following his breakthrough win at Keeneland, including a visually impressive five-furlong move in 1:00.40 (7/43) at Churchill Downs Apr. 29. Flavien Prat rides.

“Perfect,” Brown said of the draw. “We're ready to go.”

Epicenter (Not this Time), drawn on the inside in post three, was made the second choice at 7-2. The $260,000 KEESEP graduate enters off impressive victories for Winchell Thoroughbreds and Hall of Famer Steve Asmussen in the GII Risen Star S. and GII Twinspires.com Louisiana Derby. Asmussen has failed to find the mark with 23 previous starters in the Run for the Roses.

“Like any race, you want to get away nicely from the gate and go from there,” Asmussen said. “How long he stands in there, how long it takes to load, 150,000 people staring at him–it's a lot. [Jockey] Joel [Rosario] is very confident in rhythm of the horse. So, if he is away cleanly Joel will let him be who he is.”

The top two choices have met once before. Zandon was back in third after a slow start and wide trip while making his first start of the season in Epicenter's front-running Risen Star score.

Louisville native Brad Cox, promoted to first with Mandaloun (Into Mischief) following the well-documented medication disqualification of the ill-fated Medina Spirit (Protonico) in last year's Derby and subsequent suspension of Hall of Famer Bob Baffert, will look to put them back to back. He has entered the trio of Cyberknife (Gun Runner) (post 16), Tawny Port (Pioneerof the Nile) (post 18) and 'TDN Rising Star' Zozos (Munnings) (post 19).

“I think with the Derby starting at the head of the stretch, and a quarter of a mile to the first turn, they'll be able to get into position,” Cox said.

Former Baffert runners, unbeaten 'TDN Rising Star' Taiba (Gun Runner) (post 12) and 'TDN Rising Star' Messier (Empire Maker) (post six), punched their tickets to Louisville for trainer Tim Yakteen following a one-two finish in the GI Runhappy Santa Anita Derby.

Taiba, a $1.7-million Fasig-Tipton Florida 2-year-old purchase by Medina Spirit owner Zedan Racing Stables, looks to become the first horse to win the Kentucky Derby in just his third start since Leonatus in 1883. Messier, a 15-length winner of the GIII Robert B. Lewis S., is the third choice on the morning-line at 8-1; Taiba is listed at 12-1.

Hall of Famer Todd Pletcher, seeking his third win in the Kentucky Derby, will be represented by the trio of: GII Wood Memorial S. winner Mo Donegal (Uncle Mo) (post one), GI Curlin Florida Derby runner-up and 'TDN Rising Star' Charge It (Tapit) (post eight) and Louisiana Derby third Pioneer of Medina (Pioneerof the Nile) (post 11).

Live coverage of the Kentucky Derby will be provided by NBC from 2:30 p.m.-7:30 p.m. (ET). Post time for the Derby is 6:57 p.m.

From the rail out, the complete field of 20 for the Kentucky Derby:

1-Mo Donegal (Uncle Mo) (10-1)

2-Happy Jack (Oxbow) (30-1)

3-Epicenter (Not This Time) (7-2)

4-Summer Is Tomorrow (Summer Front) (30-1)

5-Smile Happy (Runhappy) (20-1)

6-Messier (Empire Maker) (8-1)

7-Crown Pride (Jpn) (Reach the Crown {Jpn}) (20-1)

8-Charge It (Tapit) (20-1)

9-Tiz the Bomb (Hit It a Bomb) (30-1)

10-Zandon (Upstart) (3-1)

11-Pioneer of Medina (Pioneerof the Nile) (30-1)

12-Taiba (Gun Runner) (12-1)

13-Simplification (Not This Time) (20-1)

14-Barber Road (Race Day) (30-1)

15-White Abarrio (Race Day) (10-1)

16-Cyberknife (Gun Runner) (20-1)

17-Classic Causeway (Giant's Causeway) (30-1)

18-Tawny Port (Pioneerof the Nile) (30-1)

19-Zozos (Munnings) (20-1)

20-Ethereal Road (Quality Road) (30-1)

Also-Eligibles: Rich Strike (Keen Ice) (30-1) and Rattle N Roll (Connect) (30-1).

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