• Welcome to the Chronicle Forums.
    Please complete your profile. The forums and the rest of www.chronofhorse.com has single sign-in, so your log in information for one will automatically work for the other. Disclaimer: The opinions expressed here are the views of the individual and do not necessarily reflect the views and opinions of The Chronicle of the Horse.

Announcement

Collapse

Forum rules and no-advertising policy

As a participant on this forum, it is your responsibility to know and follow our rules. Please read this message in its entirety.

Board Rules

1. You’re responsible for what you say.
As outlined in Section 230 of the Communications Decency Act, The Chronicle of the Horse and its affiliates, as well Jelsoft Enterprises Ltd., the developers of vBulletin, are not legally responsible for statements made in the forums.

This is a public forum viewed by a wide spectrum of people, so please be mindful of what you say and who might be reading it—details of personal disputes are likely better handled privately. While posters are legally responsible for their statements, the moderators may in their discretion remove or edit posts that violate these rules. Users have the ability to modify or delete their own messages after posting, but administrators generally will not delete posts, threads or accounts upon request.

Outright inflammatory, vulgar, harassing, malicious or otherwise inappropriate statements and criminal charges unsubstantiated by a reputable news source or legal documentation will not be tolerated and will be dealt with at the discretion of the moderators.

2. Conversations in horse-related forums should be horse-related.
The forums are a wonderful source of information and support for members of the horse community. While it’s understandably tempting to share information or search for input on other topics upon which members might have a similar level of knowledge, members must maintain the focus on horses.

3. Keep conversations productive, on topic and civil.
Discussion and disagreement are inevitable and encouraged; personal insults, diatribes and sniping comments are unproductive and unacceptable. Whether a subject is light-hearted or serious, keep posts focused on the current topic and of general interest to other participants of that thread. Utilize the private message feature or personal email where appropriate to address side topics or personal issues not related to the topic at large.

4. No advertising in the discussion forums.
Posts in the discussion forums directly or indirectly advertising horses, jobs, items or services for sale or wanted will be removed at the discretion of the moderators. Use of the private messaging feature or email addresses obtained through users’ profiles for unsolicited advertising is not permitted.

Company representatives may participate in discussions and answer questions about their products or services, or suggest their products on recent threads if they fulfill the criteria of a query. False "testimonials" provided by company affiliates posing as general consumers are not appropriate, and self-promotion of sales, ad campaigns, etc. through the discussion forums is not allowed.

Paid advertising is available on our classifieds site and through the purchase of banner ads. The tightly monitored Giveaways forum permits free listings of genuinely free horses and items available or wanted (on a limited basis). Items offered for trade are not allowed.

Advertising Policy Specifics
When in doubt of whether something you want to post constitutes advertising, please contact a moderator privately in advance for further clarification. Refer to the following points for general guidelines:

Horses – Only general discussion about the buying, leasing, selling and pricing of horses is permitted. If the post contains, or links to, the type of specific information typically found in a sales or wanted ad, and it’s related to a horse for sale, regardless of who’s selling it, it doesn’t belong in the discussion forums.

Stallions – Board members may ask for suggestions on breeding stallion recommendations. Stallion owners may reply to such queries by suggesting their own stallions, only if their horse fits the specific criteria of the original poster. Excessive promotion of a stallion by its owner or related parties is not permitted and will be addressed at the discretion of the moderators.

Services – Members may use the forums to ask for general recommendations of trainers, barns, shippers, farriers, etc., and other members may answer those requests by suggesting themselves or their company, if their services fulfill the specific criteria of the original post. Members may not solicit other members for business if it is not in response to a direct, genuine query.

Products – While members may ask for general opinions and suggestions on equipment, trailers, trucks, etc., they may not list the specific attributes for which they are in the market, as such posts serve as wanted ads.

Event Announcements – Members may post one notification of an upcoming event that may be of interest to fellow members, if the original poster does not benefit financially from the event. Such threads may not be “bumped” excessively. Premium members may post their own notices in the Event Announcements forum.

Charities/Rescues – Announcements for charitable or fundraising events can only be made for 501(c)(3) tax-exempt organizations. Special exceptions may be made, at the moderators’ discretion and direction, for board-related events or fundraising activities in extraordinary circumstances.

Occasional posts regarding horses available for adoption through IRS-registered horse rescue or placement programs are permitted in the appropriate forums, but these threads may be limited at the discretion of the moderators. Individuals may not advertise or make announcements for horses in need of rescue, placement or adoption unless the horse is available through a recognized rescue or placement agency or government-run entity or the thread fits the criteria for and is located in the Giveaways forum.

5. Do not post copyrighted photographs unless you have purchased that photo and have permission to do so.

6. Respect other members.
As members are often passionate about their beliefs and intentions can easily be misinterpreted in this type of environment, try to explore or resolve the inevitable disagreements that arise in the course of threads calmly and rationally.

If you see a post that you feel violates the rules of the board, please click the “alert” button (exclamation point inside of a triangle) in the bottom left corner of the post, which will alert ONLY the moderators to the post in question. They will then take whatever action, or no action, as deemed appropriate for the situation at their discretion. Do not air grievances regarding other posters or the moderators in the discussion forums.

Please be advised that adding another user to your “Ignore” list via your User Control Panel can be a useful tactic, which blocks posts and private messages by members whose commentary you’d rather avoid reading.

7. We have the right to reproduce statements made in the forums.
The Chronicle of the Horse may copy, quote, link to or otherwise reproduce posts, or portions of posts, in print or online for advertising or editorial purposes, if attributed to their original authors, and by posting in this forum, you hereby grant to The Chronicle of the Horse a perpetual, non-exclusive license under copyright and other rights, to do so.

8. We reserve the right to enforce and amend the rules.
The moderators may delete, edit, move or close any post or thread at any time, or refrain from doing any of the foregoing, in their discretion, and may suspend or revoke a user’s membership privileges at any time to maintain adherence to the rules and the general spirit of the forum. These rules may be amended at any time to address the current needs of the board.

Please see our full Terms of Service and Privacy Policy for more information.

Thanks for being a part of the COTH forums!

(Revised 1/26/16)
See more
See less

Racing lawsuit will be reheard (Charles Town, WV)

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Racing lawsuit will be reheard (Charles Town, WV)

    Q: Anyone know exactly what drugs cause "EPO antibodies"?

    Racing lawsuit will be reheard

    At issue is the allegedly illegal ban of a horse at Charles Town.

    By Beth Henry / Journal Staff Writer
    POSTED: July 2, 2008

    CHARLES TOWN - An ongoing legal battle involving a horse banned from Charles Town Races & Slots took another turn recently when a circuit court judge weighed in on the matter.

    The case involves an appeal filed in Jefferson County Circuit Court before Judge Gina Groh, in which horse owner Kevin Patterson claims that the West Virginia Racing Commission and the Board of Stewards at Charles Town Races have illegally banned his horse from racing.

    Charles Town's stewards prohibited Patterson's horse, Brooklyn Bridge, from thoroughbred racing when they placed it on the track's veterinarian's list indefinitely on June 8, 2007. They said the horse's standard blood test showed "high EPO antibodies," and decided that the horse was to remain on the list, unable to race, until "an EPO antibody reading is below the cut-off standard." The Racing Commission upheld that decision in February.

    The problem is, there is no West Virginia racing law that prohibits EPO antibodies or provides an acceptable "cut-off standard," according to Patterson's attorney, Paul Weiss, who filed an appeal of the Racing Commission's decision on March 5.

    Weiss said the Racing Commission's attorneys, who work in the state Attorney General's Office, have not been able to show that a statute against EPO antibodies exists, and it appears that the stewards and the commissioners have acted well beyond their lawful powers and authority.

    "It's absolutely shocking," Weiss said in a recent interview, adding that his client has suffered financial harm and lost more than $19,700 because his horse has not been able to race.

    Weiss said Patterson does not deny that the EPO antibody was present in the horse, but says the antibody itself is not a drug. The presence of the EPO antibody simply suggests that the horse was exposed to erythropoietin, or EPO, at some point in the past.

    His appeal stressed that Brooklyn Bridge's blood test showed no impermissible drugs in its system.

    Patterson said he's extremely frustrated with the situation because Brooklyn Bridge is a good horse, but it's 11 years old and nearing the end of its career. He has owned the horse about eight years, and said neither he nor his trainer have exposed the horse to any illegal substances.

    "I keep feeding him and keeping him happy, hoping for the day he can race again," Patterson said in a phone interview last week from his farm in Chambersburg, Pa. "This is the first time we've ever had a situation like this happen."

    He said he is seeking support from the Charles Town Horsemen's Benevolent and Protective Association and the national HBPA.

    "It is real important that all horsemen pay close attention and support this case, because the outcome of this lawsuit could have an effect on them for years to come," he said last week. "We as horsemen cannot continue to let the commission and the stewards make the rules up as they go."

    In the appeal, Weiss also claims that the Racing Commission violated Patterson's due process rights, denied him fair consideration and failed to follow standard hearing procedures in regard to transcripts and official records.

    Senior Deputy Attorney General Tom Smith, who is representing the Racing Commission in this case, could not be reached for comment.

    After reviewing the petition for appeal and considering motions in the case, Judge Groh issued an order on June 19 that calls for the Racing Commission to set a new hearing date, and grants Patterson's request for the court to stay enforcement of the administrative order. That means his horse can be removed from the veterinarian's list and allowed to race while the legal proceedings continue.

    Weiss said he is happy with Groh's order because it granted some relief to his client and should allow the horse to race for the time being. Weiss also said the judge got right to the main point of the case.

    "She said the same thing we've said from day one - 'show me the statute or regulation that prohibits EPO antibody,'" Weiss said Tuesday afternoon in a phone interview.

    Weiss also said if Brooklyn Bridge is not allowed to race, the track would not be following the judge's order.

    "If we have any further difficulty with them, I do believe that would be contempt of court," he said, adding that Patterson intends to enter his horse in a race this weekend.

    Patterson said he tried to enter Brooklyn Bridge in a race this past Saturday, but the stewards did not allow the horse to be entered because the Racing Commission's attorney had not informed them about Groh's decision. However, he faxed a copy of the order to the stewards and was told there shouldn't be any more problems complying with the court order.

    Weiss said it's not over yet, and he is waiting for the Racing Commission to set a new hearing.

    "We're pleased with it for now," Weiss said.

  • #2
    In regards to your question.

    Procrit

    ------------

    Gee, no wonder Amy Albright was winning at such a high % down in Charles Town. I'll be honest, I didn't realize this case was going on. I just wondered what happened to all of Diamond Oak's (Kevin Patterson) horses. Let me guess, the horse got EPO antibodies while eating a corn on the farm. Please...

    I would love for all states to go full-force after EPO. It's not as widespread as a lot of drugs, but the people who are using it are at a MAJOR advantage over all other horseman. Their horses can process oxygen alot more efficiently than everyone else. More oxygen gets to the muscles and the horses don't get tired. A positive test for this drug should result in a lifetime ban IMO (along with Cobra Venom, etc).
    Last edited by DickHertz; Jul. 2, 2008, 01:15 PM.

    Comment


    • #3
      DickHertz, what about epoegen, I thought that was her other favorite drug.
      "We, too, will be remembered not for victories or defeats in battle or in politics, but for our contribution to the human spirit." JFK

      Comment


      • #4
        It's called "Procrit" in the U.S. but in Europe it's called "Epotin" (I think). It's a drug that builds red blood cells in the body--used for cancer patients. They had to pull it off the market in Europe because it turned people's blood to sludge and that's what it does eventually to horse's blood (from what I hear)....
        "None of us can move forward if half of us are being held back." ~Anonymous~

        Comment


        • #5
          EPO & DPO are banned substances here in Ontario. The Ontario Racing Commission just recently handed down a 10 year suspension and $40,000 fine to a standardbred trainer who had a horse test positive. The owner has also been told to return all purse money earned after the blood sample was taken-and it is a hefty amount as this horse did quite well.

          The really stupid part of all of this is that a trainer who runs out of this training center did the same thing last year, and got caught as well, resulting in the same fine. When will these guys learn?!

          We are not talking about backyard trainers either. These are guys whose horses do extremeley well, earn huge purses, and trainer awards as well. The ORC keeps close tabs on then, so why would they risk putting themselves out of work? I know, dumb question, it's for the huge purses, but it's just themselves they harm, it's the people that work for them as well. I know these three trainers personally, and a lot of people lost there jobs.
          What you allow is what will continue.

          Comment


          • #6
            Wow, it will be such a shame if there is no rule against epo at Charlestown. I hate that stuff.

            Comment


            • #7
              I was under the impression that EPO is extremely hard to test for- is there any way other than an antibody test, and any limitations to that test as far as determining when the horse might have been given the drug?

              (I'm also sort of confused at how they can prove a loss, seeing as horse racing is so unpredictable, and why, if the horse is so old that he doesn't have many races left they don't just cut their losses and retire him...)

              eta- I managed to find one article that said the antibodies could be present for "up to 120 days" after the horse received the drug- if this owner had the horse at that time, does he even have a toe to stand on?
              "smile a lot can let us ride happy,it is good thing"

              My CANTER blog.

              Comment


              • #8
                Thanks Cherry, that's the stuff. Destroys livers too, I have seen horses so called recovering from the use of it, unreal what is allowed and then the nice discussion about how there is no rule against having the antibody for this horror. I would not imagine Madeline would be so proud of her daughter if she knew about this...But then again, the ex Sec of State did do a burlesque dance during a summit for the Croatia/Bosnia crisis I think. Maybe it is all in the family after all.
                "We, too, will be remembered not for victories or defeats in battle or in politics, but for our contribution to the human spirit." JFK

                Comment


                • #9
                  I had a lengthy conversation with the vet about EPO and testing for it. If you don't want to keep reading then I'll just say the testing is a work in progress (unfortunately). The big problem is the antibodies can stay in a horse's sytem for a long time, possibly even it's entire life. So when a horse comes up with the antibodies, they can do another more expensive test to further see the type of EPO that may have been used. The exact antibody levels is still rather unkown and therefore, as long as you give EPO at least 3 days out it's almost impossible for them to test positive. Since it's a red blood cell builder, there's really no benefit to giving it so close to a race anyway so unlike every other drug in the business, EPO can be given 14 days apart and 7 days from a race and work the best. I was also told that if they really want to get you for EPO they can do all sorts of different test to prove it was given recently, but again, the whole EPO testing situation is very cloudy to say the least. They need to come up with a test for it and if it's too expensive, then just test for it on one winner per night or something. The positives will start coming in. It is my opinion, that any trainer with at least 100 starts who is winning at 40% or greater is using EPO or some sort of drug that gives them a competitive advantage (cobra venom is another).

                  I think a lot horseman would give Drano if it didn't test and it helped the horse. EPO is not widespread, but I would say that about 2-3% of horses at mid-upper level tracks go into the starting gate with some EPO in their system.

                  Comment


                  • #10
                    Do you think it is a higher percentage at the low level tracks? We get quite a few horses that really crash when they come in, no matter what we do--- not a steroid crash bc they dont have the studdishness....but something very debilitating........that takes months for them to recover from.....

                    Bev Strauss
                    MidAtlantic Horse Rescue
                    Be a part of the solution~ Adopt a thoroughbred!
                    MidAtlanticHorseRescue.org

                    Comment


                    • #11
                      Well, EPO is a couple hundred dollars per month to keep up with the treatments. I doubt anyone at Beulah Park would spend that much money to clear $500 for a win. You probably see the results of steroids more than EPO. I think EPO is 2-3%, steroids much higher in jurisdictions where it can still be used.

                      Comment


                      • #12
                        DickHertz, have you heard of anyone using a substance that is a painkiller for burn victims, apparently deadens most of the major pain receptors. I got some info from a reliable source who said that this is being sold over the internet, and that someone in the area of Charles Town was selling this, in humans the dosage is something like 1/4 cc? I cannot remember the name of this, but this source also said that it is quite expensive, something like $600 for prerace treatment. I am not certain if that was just for this pain masking substance or if he was speaking in general of the inability of the average guy being able to compete against the "big guys" because they have this kind of advantage with the deep pockets.

                        I have to say that this is where I think the Federal government has to step in since the individual states are either too entrenched with the dirty money being liberally spread about to act on these matters or they are just not capable from the standpoint of wielding enough power. Certainly there could be tests just as you are suggesting, one test per racing card and particular attention should be given to those with the higher win percentages no matter what those percentages are, just to ensure that no cry of targetting would be able to be lodged they could certainly random test any winner in addition to the higher percentage. The problem right now is that in those states where the video gaming interests have such a hold that the money, and the bully boy tactics that go along with this is most likely being used to allow these practices to continue since that does what the video gaming crowd wanted to do all along, do away with live horse racing. After all, machines and card tables and casinos in general don't have the maintenance costs nor are they connected to an economy that the horse industry represents, in effect the agricultural economy. No one ever said the casino guys were smart, since I guess they eat too, but they certainly do not like the horse racing side of the equation, they are quite aggressive and arrogant about it at Charles Town too.

                        There has been at least one case of rat poisoning killing a horse stabled at Charles Town and Penn National Gaming Inc. claimed they never ordered the pest control program. Little problem on their part is that the trainer has the bill from the pest control company which specifically outlines the type of poison (tracking powder) and where it was spread, which was of course in the horse barns without the knowledge of the trainers. So alot is going on in a continuous way that keeps everyone on edge and in a state of high alert for the safety of their horses. This is the tragedy.
                        Last edited by Calamber; Jul. 8, 2008, 09:43 PM.
                        "We, too, will be remembered not for victories or defeats in battle or in politics, but for our contribution to the human spirit." JFK

                        Comment

                        Working...
                        X