The New York Attorney General’s office represents the New York State Racing and Wagering Board, a state agency.
Michele Hook, deputy press secretary of the New York Attorney General’s office, said Tuesday that the board has informed the attorney general’s office “to oppose any application for a stay” in federal court.
If the suspension is enforced Thursday, Dutrow’s horse will be scratched, and the 60 horses under his care will need to be transferred out of his barn in order to be eligible to run again. In New York, stewards have the power to review those transfers.
It's rare that the federal courts would take such an action so I'll give it 3/5 odds Dutrow will be done come Thursday morning.
Dutrow’s attorneys were expected on Wednesday to file a request for an injunction in federal court seeking a stay of the suspension handed him by the New York State Racing and Wagering Board, but they did not do so. It was unclear why his attorney, Mitchell Elman, did not file, and neither Elman nor Dutrow returned repeated messages Wednesday afternoon.
So the suspension commences tomorrow (Thur Jan 17th) ... however since it wasn't filed they can still do so and hope isn't done - yet.
Dutrow claims to have new evidence that he believes will help him achieve his injunction and/or a stay if he is able to present it before a judge. Neither Dutrow nor his attorney Elman would elaborate on the evidence.
“We thought we were going to get it in, but we’re dead so now we have to find another way to get it in, and we will,” Dutrow said.
Since most states abide by suspensions, Dutrow most likely will not be able to participate in racing in any jurisdiction.
One State that might not because of the quirks of their judicial system is Louisiana. As folks may recall PVal was bared from riding by California and that was honored by almost all States except Louisiana.
The hearing officer, Robert Layton, wrote that Dutrow’s long history of violations and conflicting testimony during a hearing in April 2011 provided ample grounds for the committee to deny the license, citing the powers granted to the racing commission.
Referencing multiple occasions when Dutrow admitted to collecting payments from owners while under suspension and his failure to list criminal convictions on his license application, Layton wrote that Dutrow’s history included acts that “would have been noteworthy as corrupt even in the olden days of the wild west, and cannot have any allowed place in any modern racing jurisdiction.”
Read Haskin's usually spot on entry the other night - and the myriad responses, with several from some of racing's insiders. Have to say I'm rethinking my black/white stance. Racing overall is so convoluted with causes, misdeeds, interpretations, and good and bad justifications. As is so much else in the world of horses.
Read Haskin's usually spot on entry the other night - and the myriad responses, with several from some of racing's insiders. Have to say I'm rethinking my black/white stance.
There have been (and sadly will continue to be) "worse" trainers in this business as defined by rule violations. The remorse seems to be more that his livelihood has been taken away. Further in the grand scheme of things much of the laundry list of violations were relatively minor. Do I think Rick ran a habitual drug fueled barn to attain the success he did? Nope. Did horses have positives, yes, so clearly he wasn't a choir boy all the time.
Other well known and even well liked trainers have had positives (often trace amounts) so there isn't a black and white answer out there. Nothing will change the sentence and outcome for Rick. Maybe making an example of him has dissuaded some other trainers from taking the risk. Who knows.
There are certainly frothing at the mouth folks who outside of "hay, oats, water" would brand a trainer the equivalent of Hitler for giving Pfizer Animal Health made worming paste. Unfortunately a lot of the rational discussion is gone in the modern era.
Finally---great article by Haskin. Truth, not accusations by those who do not know all the real facts and choose to judge a man they really do not know.....or care to research the real facts and statistics.
Kudos to Glimmerglass as well.
Last edited by Florida Fan; Feb. 7, 2013 at 11:13 AM.
Reason: choice of wording..