Today the New York Supreme Court has affirmed its decision as I expected, indicating the NYGC may not prosecute trainer Lou Pena on the charges they brought against him due to their violating his constitutional rights.
This is the correct ruling. Forget about the way they managed to bring charges about him. You can not have a 30 day period to respond to an appeal and hold someone more than a year in limbo because for some reason you decide not to release your recommendation.
Does racing win in this case? Time will tell. What was the winner today are the civil rights of anyone the state decides to 'freeze out' and violate their own rules.
In the meanwhile, it is reported that the FBI is investigating possible race fixing, at least at Penn National but perhaps other tracks in the Commonwealth of Pennsylvania. At this time there is no evidence it involves harness racing, but race fixing of any type hurts all of racing. We will see what happens here.
Update: Arrests have already been made in this investigation but the investigation is on-going. As PTP indicated, not only do we have to deal with high takeouts, we have to worry about falsified information.