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Dutrow’s attorney says license elimination would be too severe

Posted: Saturday, June 04, 2011 2:06 PM

RICHARD DUTROW JR.

RICHARD DUTROW JR.

Bill Denver/Equi-Photo

by Paul Post

The attorney for controversial Thoroughbred trainer Richard Dutrow Jr. will ask authorities to eliminate license revocation as a punitive option his client might face.

Dutrow faces an uncertain future in New York following a nearly week-long hearing into a pair of alleged serious violations last November at Aqueduct.

Dutrow testified on Friday, the hearing’s last day, that he has no idea how three syringes containing Xyzalene, a non-controlled drug sometimes used to sedate excited horses, wound up in his desk drawer at Aqueduct. State investigators found the items there on November 3, 2010.

Later that month, Dutrow’s horse Fastus Cactus tested positive for the drug butorphanol, a controlled substance sometimes used as a pain killer. Dutrow said he did not inject the horse and did not authorize anyone else to.

Proceedings were held at New York State Racing and Wagering Board headquarters in Schenectady, New York, before state hearing officer Clemente Parente. Several character witnesses, including Racing Hall of Fame jockey Angel Cordero Jr., spoke on Dutrow’s behalf on the final day.

Dutrow’s attorney, Mike Koenig, has until Friday to request in writing that revocation be withdrawn as a possible form of punishment, arguing that it is not warranted.

Dutrow, who trained 2008 Kentucky Derby Presented by Yum! Brands (G1) and Preakness Stakes (G1) winner Big Brown, has a long history of violations in several states, but has chosen to appeal suspensions handed down by New York racing stewards for these latest incidents.

Kentucky already has denied Dutrow’s trainer’s application for 2011, and Ed Martin, head of the Association of Racing Commissioners International, has written to New York racing board Chairman John Sabini, asking the board to consider revoking Dutrow’s license in light of his previous offenses.

However, Koenig said the threat of revocation was brought up only as a way to punish Dutrow for appealing his charges.

Koenig and Richard Goodell, the racing board’s assistant counsel, spent three days grilling expert witnesses for both sides.

Goodell has one week, until June 17, to challenge Koenig’s request to have license revocation eliminated. After receiving transcript hearings, the attorneys have another four weeks to submit post-hearing briefs.

Clemente will then submit a report and recommendations to the racing board.

Paul Post is a New York-based Thoroughbred Times correspondent

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READER COMMENTS

Posted by: Jack, Las Vegas, NV on June 07, 2011 at 05:37 PM

NYRA needs to make a statement. He needs to be suspended for five years. They suspended him for a year in the 70'S when he was assisting his father. And I can't see NYRA giving him a slap on the wrist for these infractions. Let him go to a farm for employment. He will be a changed man, Mentaly and Financialy.

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Posted by: Tony, Philadelphia, PA on June 06, 2011 at 08:07 AM

I would like to know how Richard Dutrow is "good for the game"? He has a laundry list of violations against him, so to Dutrow's attorney Mr. Koenig....define what "good for the game" means, and how does it apply to Richard Dutrow?

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Posted by: Betty, Fortuna, CA on June 06, 2011 at 01:32 AM

Have to agree with Jaime from MS--if these questions are from a trainers test and it seem's to be so--why is there so much fal da ral!!!!about the whole thing--seem's to me the buck stops here!!for the racing officials and for Dutrow---EITHER!! we are going to have governing rules that that apply to ALL!!or what the Hell!!!stop being the scap goats grow some and make a decision--then stick by it----I also agree with Jamie--if it were one of us smaller people--that is one who couldn't afford the suits and the fal da ral--we'd be DONE!!!guilty!!sunk!!--no goings on like this!!!Grow some Guy's in the racing arena and at least put something back in the race rules--enforce them!!!People in the Racing Industry are laughing out loud at you!!!!!!!!!!

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Posted by: J. Sprewell, Miami , FL on June 05, 2011 at 06:47 PM

Kicked out of the West coast - he traveled East. Now this ? Get rid of his A__ ! This guy is a Cheat !

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Posted by: jamie, ripley, MS on June 05, 2011 at 05:33 PM

Ill post a comment this is all stupid i was a trainer and if it were me it wouldnt have took them this long to get rid of me . they are not so smart either if they spent 3 days hearing it ,if it were me it would have took 15 mins but you know thats because im not rich. here are a few questions and answers straight from a TRAINERS TEST
Q 038 If a person is suspended (had his/her license revoked) in one state, can s/he race in another state?

A 038 No. All states with racing belong to the Association of Racing Commissioners International (ARCI) or the North American Pari-Mutuel Regulators Association (NAPRA). The states send every ruling to the ARCI or NAPRA office and in turn, the ARCI or NAPRA mails to all states a bulletin of all rulings sent to them by each member state.
Q 290 Who is responsible for and is absolute insurer of the condition of the horses entered in a race, regardless of acts of third parties?
A 290 The trainer.
Q 291 Who is responsible for the condition and eligibility of a horse entered to race?
A 291 The trainer.
Q 367 What will happen to you if you have in your possession a hypodermic needle or syringe, or any prohibited medication or any electrical device?
A 367 Fine and/or suspension.
Q 373 Are you allowed to participate in a race meet while under suspension?
A 373 No.
Q 388 Do the stewards have authority over all persons on the racecourse?
A 388 Yes.
Q 389 May the stewards suspend or cause to be suspended any licensed person on the racecourse?
A 389 Yes.
ok thats enought rules but to all the idiots who thinkdruging horses is part of racing YOUR WRONG

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