Sarah Crane, the executive director of the Delaware Thoroughbred Racing Commission (DTRC), confirmed in an email that Mena, 31, has been granted a stay of his penalties until a Sept. 19 hearing.

But Crane declined an opportunity to address questions about to the severity of the stewards' penalties in relation to the recent poor form of the filly Mena rode: In each of her previous three starts, Harper's Do (Straight Talking) had finished next to last at Laurel Park and Charles Town, and had been beaten 63 combined lengths.

In two of those efforts, Harper's Do had earned a Beyer Speed Figure of zero, which matches the figure she earned again on June 28 when she finished seventh, beaten 26 lengths, under Mena.

“Best for me to hold any comments while matter is under appeal,” Crane wrote when TDN queried about any mitigating circumstances.  “I saw no valid reason not to grant a stay of suspension.”

TDN could not immediately reach Mena for comment.

Owned and trained by Mario Serey, Jr., Harper's Do went off at 6-1 odds under Mena, who was riding her for the first time in the eighth and final race of the afternoon at Delaware June 28.

Harper's Do came out of the gate seventh and last, then was guided to the eight path under a light hold. The filly dropped so far back that she was mostly out of the pan shot from the half-mile pole to the wire, with the head-on camera showing her a long way last while traveling five wide around the turn and in the six path through the home straight. The Equibase chart caller's comment stated that Harper's Do “broke slowly, fell far back, raced wide and was not urged.”

The stewards' report for that race listed on the DTRC website noted that Harper's Do was selected for “special” post-race testing. But otherwise, the three stewards-Joelyn Rigione, Robert Colton and William Troilo-described the race as, “Good start for all, no incidents to report.”

The July 4 ruling, however, noted that the stewards had also ordered a “soundness evaluation” and that Harper's Do had “jogged sound after the eighth race on June 28, 2023, per the Test Barn Veterinarian.”

After reviewing the films of the race with Mena on July 1 and “considering his testimony,” the stewards then imposed the “failure to give best effort” penalties. Prior to Mena's appeal, his suspension had been slated to start July 13.

Mena has compiled a 12-for-77 riding record with $259,965 in earnings this year. His season started late, on Apr. 16, because he was recovering from a fractured left femur sustained in a Tampa Bay Downs racing accident on Dec. 7, 2022.

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