Top NY Court Won't Hear Appeal of Dutrow's 10 Year Ban

[Hollywoodmike]

Top NY court won’t hear another appeal of Derby-winning trainer Rick Dutrow’s 10-year ban

By Associated Press, Updated: Tuesday, January 8, 9:01 AM

ALBANY, N.Y. — New York’s top court refused Tuesday to hear another appeal by a Kentucky Derby-winning trainer on his 10-year ban from the sport for drug violations.

The Court of Appeals, without comment, denied Rick Dutrow Jr.’s request that the judges consider another appeal of the state Racing and Wagering Board’s 2011 decision to ban him.

Tuesday’s decision appears to end the state appeals process for Dutrow. His ban from New York’s thoroughbred tracks had been stayed pending appeals.

Board Chairman John Sabini said the penalties against Dutrow will take effect when the court order is served on him. “The court’s action confirms that cheaters who repeatedly violate the rules have no place in New York racing,” he said.

Calls to Dustrow’s attorney, Michael Koenig, were not immediately returned.

In October, the same court rejected his constitutional appeal claiming his rights to a fair proceeding were violated by the appearance of bias by Sabini. He is also an officer of the Association of Racing Commissioners International, which advocated revoking Dutrow’s license.

Dutrow trained Big Brown to Derby and Preakness wins in 2008.

In October 2011, the three-member racing board cited infractions including syringes containing a painkiller and sedative found in Dutrow’s desk and the painkiller butorphanol, an opioid analgesic, found in the urine of his horse Fastus Cactus in 2010 after it won at Aqueduct Racetrack. The board also fined him $50,000.

Dutrow had told a hearing officer that he didn’t know how the syringes got into his desk. A blood test of Fastus Cactus didn’t show any butorphanol, and Dutrow’s expert witness theorized that the urine test might have been contaminated. He faced brief New York suspensions for drug violations in 2003, 2004 and 2008.

His 10-year ban is among the board’s harshest penalties, second only to the lifetime ban in 2009 of breeder Ernie Paragallo after malnourished horses were found at his Hudson Valley farm.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

http://www.washingtonpost.com/sports/to ... story.html

[Southieboy]

STATEMENT FROM RACING & WAGERING BOARD ON COURT OF APPEALS DENIAL OF RICHARD E. DUTROW, JR.’S APPEAL

http://www.racing.ny.gov/pdf/0108131131 ... Dutrow.pdf

[AlphaGaijin]

[snip]

Dutrow has three horses entered on Wednesday’s card at Aqueduct: Exclusive Bull in the fourth, Sacred Success in the sixth, and Charlie’s Quest in the eighth. He has one entered on Thursday’s card, Mr. Lit in the fourth, and two in on Friday’s card, Late Starter in the second, and El Oh El in the third. He also has D' Pepjo entered in the ninth race at Gulfstream on Thursday.

An official familiar with the legal process said that once the board receives notice that Dutrow has been served with the court order, then the board will draft a suspension notice and issue that notice to tracks with a start date for the suspension. The order will likely take effect immediately upon receipt by the tracks, so once the order is issued, Dutrow will be unable to act as a trainer.

http://www.drf.com/news/richard-dutrow- ... -top-court

[DegenerationX]

Anyone who wins at these levels is a quality horsemen. Regardless of personal opinion on the human being I want a trainer that gives a horse an edge and wants to win races.

[Hollywoodmike]

Dutrow taking fight of suspension to Federal Court

http://www.drf.com/news/dutrow-plans-fi ... eral-court

[Kermit]

An illegal substance found in a urine sample in a bucket that was NOT able to be verified by a blood test? A syringe with an illegal substance found in his desk? If this was a murder case there would be at least some reasonably doubt.

[AlphaGaijin]

Matt Hegarty ‏@DRFHegarty

Officials of NYSRWB said that Rick Dutrow was served with court order today denying appeal. License will likely be revoked as of Thurs.

[AlphaGaijin]

Justice is too often delayed in racing, and sometimes never even administered. Weak, indecisive racing commissions rarely hand out severe penalties for infractions, regardless of how egregious, usually opting instead for a ceremonial slap on the wrist . . . if punishment is meted out at all.

Trainer Rick Dutrow was likely hoping for any of the above – delayed, puny, or non-existent justice – but it appears instead he will become one of the most heavily penalized licensees in the modern era if the 10-year suspension levied by the New York State Racing and Wagering Board passes its final hurdle next week and his long-awaited sentence is enforced. This would represent a most significant message, sent by racing’s regulators to those even contemplating breaking the rules.

[snip]

http://www.drf.com/news/mark-simon-dutr ... sgressions

[Crazykid]

dam shame, rick dutrow takes better care of his horses than anyone in the business.

[AlphaGaijin]

dam shame, rick dutrow takes better care of his horses than anyone in the business.

Yeah. Paraphrasing Jim Riccio from this past summer, good ol Rick "...goes back to the barn in the afternoons & gives his horses apples."

Man. What a guy.