Could Another Argument Be Made?

Earlier today, I was pretty harsh regarding my thoughts of Lou Pena being shown the door at Yonkers Raceway.  I will be the first to admit I have been wondering about Pena's ability for the last two years and I immediately thought his being told not to enter horses starting Friday at Yonkers was a case of Yonkers Raceway finally have seen enough that they said 'Goodbye'.

But then I got thinking, there is a Devils Argument  which can be made here.  Perhaps Pena has not been shown the door for alleged cheating; maybe it is business as usual.  Let me explain.  First, I am not saying I subscribe to this theory or not, but it is worth exploring.

Traditionally, if trainer John Doe had a horse called Super Horse and he worked his way up through the classes and then beat up on the top class for a few weeks, the racing secretary would suggest the trainer head out of town with that horse for a few weeks.  Why?  First of all  to make the event competitive for wagering and secondly, give other horsemen a chance to earn some money.  Otherwise, the trainers may not enter their horses.

Think that is not true?  Last year when Tioga Downs attempted to use the classified system, part of the thinking was by using a classified system, everyone will get a chance to win and make purse money.  No, you may not win $100,000 on a horse during the meet, but if all goes well for horses drawing inside some races and outside some races; moving up, moving down, a lot of horses are going to earn their way instead of a few dominating horses.

Let's look at the facts.  On July 29, Lou Pena had 238 victories over second place trainer Mark Ford who had 79 wins.  That is a 159 more victories than the second place trainer, who is no schlep.  Could it be that his stable is just too good for Yonkers?

With all respect to the horsemen at Yonkers, there have been quite a few detractors who have said the horses there are racing for far more money than they should be; it is just they are rolling in slot money.  Many of these people would claim their $50,000 claimers would be nothing more than a $15,000 or $20,000 claimer racing elsewhere.  What if this is true?  Due to slot money the claiming prices on these horses are artificially high? 

Yes, Pena claims many of the horses he races there and they improve dramatically, but he also brings his own horses to the races.  Is it possible Yonkers Raceway has made a decision that his horses are just heads and shoulders above the regular Yonkers stock that he makes the races uncompetitive?  Uncompetitive races mean less wagering because it may be fun winning races but how much fun is it winning on horses that pay less than $3.00?  How much fun is it for trainers to race against a man who kicks your butt weak in weak out.  Maybe they are tempted to leave for greener pastures elsewhere where they know Pena won't be racing and then Yonkers finds themselves looking for horses to race.  After all, trainers need to make money to live and to keep their owners happy.

If his name was not Lou Pena and all this attention was not given to him, would we be alleging that Yonkers had enough of Pena's antics?  Maybe it is a case of  the owners and trainers that supported Yonkers during the lean year getting ticked off that a 'carpetbagger' has arrived and is cleaning up while they are racing for scraps?  Maybe it was other trainers threatening to get out of Yonkers because they couldn't compete against Pena because his horses are just too darn good and he is beating them legitimately?

Remember, he was told he would not be allowed to enter horses now by Racing Secretary Steve Starr, not told by management to get out of Dodge.  He was told he can reapply for racing privileges in October which coincidentally is when a lot of the better horses call it a year and Yonkers may need those horses racing there.  By that time, while he has shipped his horse to race elsewhere, the other trainers are getting a chance to win purse money to keep on going.  By October, when they may need horses, and the regular trainers have made their money, they may let him return.

Granted it has never been done on such a wide scale basis that you need to take your horses on the road so everyone else gets their share of the money, but maybe that is what is happening.  Maybe it has nothing to do with drugs; nothing to do with cheating; maybe it has more to do with the traditional way things have been done in the past. when you got a horse that is just too good.  I guess we will see in October if and when he applies for re- admittance. 

Claiming Rules and Ownership Rights

Chris E. Wittstruck, Esq. writes an interesting analysis of a current Kentucky case regarding a state's right to hold a horse in state or at a track as a result of it being claimed.  In this case, an owner is fighting a court case against Kentucky where their racing rules require a horse to remain at a certain track for thirty days or until the last set of entries are drawn at the track; in this case Churchill Downs.  As Mr. Wittstruck writes, this case has consequences for the standardbred industry.

In the particular case Mr Wittstruck is describing, one Mr. Jamgotchian is claiming his property rights are being violated by Kentucky and is unconstitutional under the interstate commerce clause of the United States constitution.  Mr. Whittstruck makes no prediction regarding the outcome of this case but Judge Pacingguy, who if defending himself in court would be called a fool for not using a lawyer will make his own ruling in this case and would find for the State of Kentucky.

Yes, an owner has property rights waives his rights provided a disclosure is made ahead of time.  If you go to a horse auction which excepts personal checks, title of the horse is often not passed until the check clears so while you may take possession of the horse and be responsible for the horse, you don't get title until the check clears.  Well, the same thing applies in a state with a stated claiming rule.  As a claimant, you are responsible for knowing the rules of that state with regards to claiming (though it would be helpful if such restrictions were printed on the claiming form).  Mr Jamgotchian claimed the rule knowing or should have known the rules of Kentucky does not release a horse from racing elsewhere until the current race meet concludes.  It is a factor he should have considered when making the purchase (i.e., claim) and made that claim based on these rules.  Hence, by claiming the said horse, he willing enters into a contract with the state of Kentucky that he would not move the horse until the Churchill Downs meet concluded. Hence, I would rule there is no violation of his ownership rights.  If he found the conditions laid down by the State of Kentucky to be so onerous, he should have bypassed the horse in question and sought out a horse in another state with less restrictive turns.

To expand on Mr. Wittstruck's excellent piece, why is this relevant to harness racing?  With the shortage of horses in the Northeast, other states or tracks may be interested in instituting such jail rules in order to keep their racing stock constant if not already so.  Mr. Wittstruck's piece describes the harness rules in New York, Delaware, and Indiana for example.  Should a state like New Jersey wish to institute such rules in an order to keep the racing stock in New Jersey more stable, they might write such a regulation prefixed with "Effective with claims as of [such date] any horse claimed must remain racing in the State of New Jersey for a period of 60 days or until the last standardbred meet has concluded" thus exempting prior claims from the restriction.

In other words, whether you buy a horse at auction or through the claiming game, you should know what the rules are and plan on accepting those rules.  These are natural impigments on ownership rights that the purchaser (auction) or claimant (claiming) accept.  If they are unwilling to accept these rules, a prospective purchaser should either go to another state or secure a private purchase of the horse where such rules don't apply.

  

Enough of the Smell

Let me state it up front.  Other than one positive which had nothing to do with a 'miracle drug', Lou Pena has not been found with a miracle drug or any other racing infractions since he came upon the Eastern Seaboard the last two years.  So why does Lou Pena find himself banned from Tioga Downs and Vernon Downs; now finds himself apparently uninvited by Yonkers Raceway starting this Friday, and most certainly to be declared persona non grata September 1 by the Meadowlands?

He failed the smell test.  Supposedly he has been uninvited from Yonkers Raceway because he makes the racing uncompetitive, similar to what happens when a monster horse wins his way out of classes and cleans up at the top class at a racetrack when the racing secretary asks the trainer to take his horse out of town for a while so the top class becomes more competitive again.  The claiming rules which were designed to thwart Pena were hurting other trainers as well so by thanking Pena for his efforts and sending him off on his merry way, Yonkers can reinstate their normal claiming rules and there can be a semblance of normal racing at the Old Hilltop.  But don't kid yourself; it was the smell test.  It looks like a duck, it smells like a duck, it quacks like a duke; it is a duck despite your protestations is is a chicken.  While no racing authority has been able to prove Pena is a cheat, there comes a time you realize something is rotten in Denmark.

No one is that good when it comes to training.  Billy Haughton, Stanley Dancer and other trainers of lore were not that good and it is highly unlikely Lou Pena is better than these trainers.  I am sorry, while there are good trainers and there are bad trainers, there is no secret skill involved in training horses but when you see Lou race at Yonkers and other Eastern tracks you can't help but think he found some long locked secret. 

I'll be the first to say many of these horses Pena is accused of improving five seconds once he claims them, have something in their back lines which suggest they have had the ability to go that fast in the past, but the problem is how they improve dramatically as soon as he gets them.  He brings that back class to life day one, it doesn't gradually evolve.  Maybe one or twice you can unlock the potential of  a horse that quickly, but you can't do that with almost every horse you have gotten your hands on.  So while he still remains legally innocent of recent drug infractions, it has become a case of it looks like a duck....

Is it fair?  I'll leave you to make that conclusion.  However, this is what racing has become; a game where the system of drug testing has fallen so far behind in ability to catch a crook that it is necessary for tracks to depend on the smell test.in deciding who may or may not race.  When you are in a business which depends on integrity, you have no choice but depend on the smell test sometime in determining who may or may not race at your track.  So in the meanwhile, once again a trainer is asked to move on again and he will.  Kind of reminds you of the snake oil salesman doesn't it?

Time to "Sex Up" the Hambletonian

Morris Bailey, the new operator of Monmouth Park has big plans for their signature race, The Haskell.  Instead of being a one day event which attracts a lot of people, he plans to not only aim for the younger generation; he plans to make The Haskell a three or four day event.

Which brings us to the Hambletonian.  Yes, the Hambletonian draws the biggest crowd of the year and the highest handle, but realistically what is Hambletonian Day?  It’s a day when parents come with their kids for the rides and games and younger people come for a party (with beer) and the music but the race never becomes a big event.  When you think of the New York metropolitan area, attendance of 29,000 is kind of embarrassing.   The visuals may be good on the outside with the large crowd on the apron and paddock park but the grandstand and clubhouses are half empty if not more.  How can this happen?

The NJSEA has simply blown the opportunity the Hambletonian could have brought to the Meadowlands.  They thought the race would sell itself.  From the first year when the Hambletonian came to the Meadowlands, the NJSEA mismanaged the event by trying to jack up the prices of parking, admission, and seating as the Meadowlands tried treating the Hambletonian as the Kentucky Derby and people revolted by staying away.  After that, the NJSEA tried to sell the racing the week of the Hambletonian as an event leading up to the big day and the importance of the race.

And there lies the problem.  Unless you are a breeder or a horseman, the Hambletonian is just a race with a big purse.  What was unique of it, the heats were taken away years ago.  I understand why it was done and I am not suggesting we go back to the traditional format.  The racing which leads up to Hambletonian Day is meaningless to these people and quite honestly to everyone other than the participants.  What was done is done and there is no sense in looking back.  The point is people come to the track, party and wager and disappear until the following year.

The reason is the community has not embraced the Hambletonian and for that fact the Meadowlands.  Why?  The Hambletonian is a race and not an event in the community and as such has not attempted to become a valuable member of the community.  What makes the Kentucky Derby a big event?  It has become identified with being part of Louisville by becoming a good corporate citizen.  There are charity events geared towards supporting the local community.  It attracts people to Louisville and contributes to the economy and it develops good will for Churchill Downs.  Why can’t the Meadowlands do this?

Realistically, nothing can be kicked off until the new Meadowlands grandstand is opened.  But it is time to have the Hambletonian become an event.  Establish the Hambletonian Charity Foundation which will host events with the funds being donated back into local charities.  During the run up to the Hambletonian, have parties at various locations, even New York City to attract people.  Have concerts which will attract younger people to the track on the dark days (with the open grandstand it will be easier) and for those really big concerts, host them at the Izod Arena or even Prudential Center.  Perhaps have a blockbuster concert the night the Hambletonian is contested  The goal is to draw people interested in social events which benefit charities and the younger people looking to have a good time.  When the money flows into local charities and people are having a good time at the track (even if not with racing), the Meadowlands will be embraced by the community.   Maybe then, not only will you draw larger crowds to the Hambletonian; people who come to the Meadowlands once a year will start coming more often.

Is this impossible, I think not.  Jeff Gural realizes the importance of being a good corporate citizen at his other tracks so there is no reason to think this philosophy won’t be coming to the Meadowlands.  When you become part of the community, the community supports you.  Maybe then the Hambletonian will become the event  it has the possibility to become and the Meadowlands will benefit by it..

Battle of Waterloo

Grand River Raceway in Canada has an excellent racing card today highlighted by the $300,000 Battle of Waterloo for 2yo Colts and Geldings.  At this time of the year, two year olds can still be a bit of a risk proposition but this is a race worth looking at, if nothing else to see what top 2yos pacers may be coming from Canada later in the year down to the United States.

The big horse in this race is Warrawee Needy who is a prohibitive 1-5 selection.  So far he is a perfect 6 for 6, but do you take a 2yo at 1-5?  The goal is to see if there is anyone realistic who has a chance against Warrawee Needy.

Here is my analysis of the race:

Monday (8/1) - Grand River 9th Pace - $300,000; Battle of Waterloo Final
  1 - Two Guts (R Zeron, 20-1) - Showed some promise early at Mohawk.  Can he regain some of that early showing?
  2 - Red Carpet Due (R Waples, 20-1) - Beat out the #1 in eliminations, doesn;t seem like up to this.
  3 - Machal Angelo (J R Plante, 12-1) - Showed some good effort in elim with horrible trip.  Possibility.
  4 - Machapelo (S Zeron, 15-1) - Has been thrashed by top choice thus far.  Pass.
  5 - Warrawee Needy (C Jamieson, 1-5) - Perfect 6-6.  Pne elim by 13.  One to beat but at 1-5?
  6 - Winbak Warrior (J Macdonald, 12-1) - Won elim but gets pushed outside.  Lands share.
  7 - Czar Seelster (M Macdonald, 10-1) - Horrible trip when in against favorite.  May rebound some.
  8 - Coach Cal (A Byron , 40-1) - Winless so far.  Would be a shocker..
  9 - Secretoftheknight (D Mcnair, 15-1) - Distant second to top choice but moves outside.
10 - Fenian Hanover (C Christoforou, AE) - Could be interesting if draws in.
11 - Jettison (Paul MacDonnell, AE) - Shares at best if draws in.
Selections: 10(AE) - 3-5-1-6