For photos from the Meadowlands contact Lisaphoto@playmeadowlands.com

Wednesday, April 29, 2015

When Arbitrary is Not So Arbitrary

Yesterday I had a spirited discussion complaining how arbitrary it was for a racetrack owner in deciding which trainers were excluded from racing while other trainers 'perceived' cheats were allowed to race there, including a trainer the track operator uses.

I must admit, not living or working on the backstretch I decided to see how arbitrary these exclusions were so I went on Pathways to check these trainers out.  When making my decision on trainers, I went exclusively by the USTA record of fines and suspensions.  Not that some of the racetrack banter is incorrect, but in this country legal decisions are made on the official record, not rumors on the street.  Why?  There is no due process on rumors, due process is only on formal charges.


  • We have trainer A who is related to former trainer B who has a checkered record.  Stable is still racing at the track.
  • We have trainer C who is excluded from racing at the track.
  • Finally, there is trainer D who runs a major stable.  Trainer still races at the track.

Well, checking out trainer B, I was appalled by their record.  Truthfully, I wouldn't let this person take care of a hermit crab if it was up to me.  This person claims this former trainer is working for trainer A.  Trainer A basically has a clean record.  Any violations are minor.

Is Trainer B involved with the stable?  I can't say.  What I can say is the farm they train at is under control of their racing commission so they shouldn't be at the facility.  They could be working at a non-licensed facility  where the commission has no control, but they are far from the actively racing stock.  Even if Trainer B was more involved in the workings of Trainer A's stable, the fact is Trainer A is responsible should anything go wrong so odds are they are not taking advantage of the 'folk' medicating Trainer B was allegedly involved in.  Based on the 'record', why shouldn't this trainer be allowed to race at the track?

Trainer C has a relatively recent violation regarding a medication which another track says would result in the trainer being banned from that track.  If a cheaper track won't let this person race at their track, why should the this track allow them to race there?  This one is an easy call.

Trainer D runs a major stable.  A check of his record shows an incident involving a medication commonly abused by people.  It turns out a stable worker apparently had a drug issue involving this medication and that day managed to get their hands on the drug and then handled the horse later in the day.  So yes, the trainer was held responsible for the positive, the purse was forfeited, and the horse placed last, but the judges determined the positive was the result of contamination instead of an intentional drugging.  Forgetting about rumor and innuendo, why shouldn't the trainer be allowed ot race there?


Of course, we are talking about the Meadowlands and Jeff Gural.  It needs to be noted in addition of going with the official record, Gural employs a private investigator.  Since the track is often the judge and jury, and actions are taken in secret, it allows for a whole lot of speculation as to why someone is excluded and someone else isn't.  Complicating things further are the rumors regarding trainers which seemingly are ignored.  Well, you don't get convicted in a court of law based on rumors, you get convicted based on fact which is why rumors tend to be ignored (though Gural's private investigator may investigate those issues) and decisions are made based on fact.  Does this mean a trainer allowed to race at the Meadowlands can't later find themselves in  trouble?  Of course not.  This is not a perfect process.  The problem appears to be with the cynics who are not used to a person who will take advantage of the ability to exclude so freely.

Of course the person this was discussed with was not satisfied; you can't satisfy everyone.  They have their convictions and I respect their position and views.   The point is, if you go by the official record, and filter out the noise, it turns out these arbitrary decisions are not so arbitrary after all.  

Tuesday, April 28, 2015

Pena Postscript?; Food For Thought

With Pena being handed a huge fine and suspension, many in racing are getting satisfaction in Lou Pena's banishment, while a few still question the fairness of his penalty, of which I am one of.  It should also be noted that the case now heads back to the court and the press release issued by the NYGC has several inaccuracies, obviously for the benefit of the general public (grandstanding?)

Let's review the facts.  First of all, none of Pena's horses tested positive for any substances .  Where he got nailed by the NYGC (then the NYSRWB) was by reviewing the logs of his New Jersey veterinarian which showed the medications were given after the mandated withdrawal time in New York.

The problem is in every other state, withdrawal times are advisory, if you follow their guidelines, you should be okay, but ignore the guidelines, you don't get penalized unless the horse comes back positive.  As a result, what Pena had done would not have gotten him in trouble, even in New Jersey which gave New York the veterinary records.  The only reason why Pena got in trouble was he violated withdrawal times which were codified in the NYSRWB regulations.

The fact New York codified their withdrawal times gave the regulators what they needed to nail Pena, so based on what has been made public, the regulators got their man and there lies my main objection to what happened to Pena.  It is not a question of whether or not he violated the rules (that appears to have been settled), it is the fact the regulators were gunning for Pena; something even the regulators haven't publicly denied doing.  Why hasn't any other standardbred trainers been given the 'Pena' treatment?

But as a postscript, assuming there is no court overturning the decision, here are some questions to be considered:  Did Pena's horses have an unfair advantage even though they tested 'clean'?  How did Pena's horses test clean if we are to believe the vet's records?  Are there other trainers out there doing exactly what Pena has been found to have been doing, just in states where withdrawal times are only advisory?  Is racing's reliance on testing so flawed it should be tossed and replaced with the passport principle, having a horse's blood chemistry put in a virtual passport and when a significant discrepancy is found, it be considered a positive even without concern of what medication was used; in effect banning the use of any medications for the benefit of improving a horse's performance?

Some food for thought.

Monday, April 27, 2015

What Does it Take to Get a Life Time Ban?

If I was.the New York Gaming commission, I would wait until the final court appeal to be heard.  That being said, today the NYGC fined embattled trainer Lou Pena $343,000 and handed him a 3 year suspension.  It is certain now that the penalty has been handed down, Pena will have his lawyers attempt to continue the battle in state court to get the decision thrown out; the major part of their argument being the lack of fairness by the state in taking 13+ months to hand down a decision.

If this decision is sustained, Pena would be out quite a bit of money but the three year suspension troubles me.  If Mr. Pena gets a 3 year suspension for over 1,000 violations of medication rules, what does it take to get a life time ban?  Did the NYGC craft their decision hoping the relative leniency of the ruling will get Pena to drop any future legal action?  If so, that is one of the problems of regulators these days, seeking to avoid litigation by handing down watered down penalties

No, Pena will never get another license to race in New York for if Pena applied and was rejected, that rejection would be used by some other racing commissions as a reason for refusing licensing.  While the penalty he has received would hurt him if he applies elsewhere, it may still be possible some state(s) with liberal policies on licensing would allow him to resume his career.  But it is safe to assume his career is over in any major harness racing jurisdiction.

Monday Morning Quick Takes

Harness racing returned to the Calgary area this past weekend and despite the 'flocks' of people attending the races, the handle leaves a lot to be desired..  Opening night showed a handle of $88,496 with purses amounting to $38,900 while on the second day, the handle was $60,007 with purses distributed of $57,900.   Yes, purses are supplemented with casino proceeds but still management must be disappointed.  Horsemen should be as well.

For a track which brought harness racing back to the area after the last meet in 2006 at Stampede Park, one would have thought the pent-up demand would have had gambler's pockets open-wide and the money flowing through the wagering machines.  Maybe it was the cold, nasty weather which discouraged customers from sticking around the entire card when there was a warm casino inside waiting to greet them.  Maybe it has something to do with the ongoing construction, but work needs to be done to get more interest in the racing product and more importantly, get people wagering more on the product.


On the other hand, our favorite puzzlement, Thunder Ridge Raceway is racing its final meet.  I confess I don''t watch the track's handle every day since they started racing but it appears the final meet has gotten people to wager.  Saturday's four race card yielded a handle of $186 for a four race card (purses of $6,400).  Clearly transferring the license to Keenland for their quarter horse track being built in Corbin, Kentucky makes sense.  Thunder Ridge is a track totally rejected by the local community.  The shame is there are so few racing opportunities for Kentucky overnight horses, its departure will hurt.


On the plus side, harness racing seems to have a new start in the name of Hannah Miller, daughter of trainer Erv Miller.  She is a force to tend with against her male counterparts.  With a weekend double of winning at the Meadowlands (against French competition) and Freehold, Miller has seven wins in twenty-two starts this year along with five second place finishes, resulting in a UDR of .469.  It would be interesting to see what would happen if she decided to turn professional, but she has elected to remain an amateur.  For more information on Hannah, check out her website.


The first two legs of the HANA Harness 2015 Grand Circuit Handicapping Challenge are in the books and at this early stage, the Pine State analyst,  Sally Hinckley is in the top of the standings with 48.20 points, with Gordon Waterstone and Earl Paulson within five points of the leader.  This coming weekend, there are five races over two days at three tracks being contested.  The contest is worth following and may be found at http://hanaharnesscontest.blogspot.com .


Have a great Monday.

Friday, April 24, 2015

Tackling The Meadows Maturity

Friday evening kicks off Grand Circuit Finals season (the Matchmaker and Levy has been preliminaries up to now) with the inaugural running of the $51,100 Meadows Maturity at the Meadows for open trotting mares.  This race also features the seasonal debut for Shake It Cerry and Classic Martine which in itself presents some interesting angles to consider.

Here is my analysis of the race.

Friday, April 24, 2015 - 9th Meadows; $51,100 The Meadows Maturity - Open Mare Trot

1 - Sweetie Hearts (Hall, 20-1) - Last two have been nothing to talk about.  Will pass.

2 - Cowgirl Hall (Goodell, 8-1) - Burke trainee ran in the stretch in the last.  Contender up to then.  Possibility for a share.

3 - Anaffairtoremember (Wilder, 10-1) - Failed trying to wire field in last.  Not out of it if she returns to prior running style,  Include in supers.

4 - Daylon Miracle (Merriman, 5-1) -  Just missed in last from outside post.  Best of the locals.

5 - Rockin With Dewey (Ledford, 12-1) - Interesting shipper from WEG.  Improving and finished second to Daylon Magician in last.  Worth a look at long odds..

6 - Handover Belle (Kakaley, 12-1) - Burke trainee seems to be aiming too high.  Pass.

7 - Shake It Cerry (Palone, 7-5) - Champion entering race off a qualifier.  Clearly the best but likely little too cheap in price for me to play.

8 - Whata Donato (Snyder, 20-1) - Draws poorly.  That should eliminate mare.

9 - Classic Martine (Rawlings, 4-1) - Well prepped with three qualifiers.  Likely goes for lead then taking pocket trip.  Disaster if hung.

Selections:  9-5-7-4


The 2015 HANA Harness Grand Circuit Handicapping Challenge kicks off today and while most handicappers think Shake It Cerry will win at first asking, some handicappers made different selections.  You may see what they picked here.  Feel free to check out the rest of the site as well.