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May 2019 Thoroughbred Rulings - Maryland Racing Commission

May 1, 2019 - Laurel Park
#19-058 Owners, Steven & Brandi, having failed to pay a fee
in the amount of one thousand one hundred and sixty hundred dollars ($1,160.00), to the Maryland Thoroughbred Purse Account, are hereby precluded from participating in racing until said fee has been paid.
[COMAR 09.10.01.59, G.]

May 1, 2019 - Laurel Park
#19-059 Owner, Wesley Ward, having failed to pay a fee in the amount of four hundred dollars ($400.00), to the Maryland Thoroughbred Purse Account, is hereby precluded from participating in racing until said fee has been paid.
[COMAR 09.10.01.59, G.]

May 1, 2019 - Laurel Park
#19-060 Owners, Uptowncharlybrown Stud & Godric LLC, having failed to pay a fee
in the amount of sixty hundred dollars ($60.00), to the Maryland Thoroughbred Purse Account, is hereby precluded from participating in racing until said fee has been paid.
[COMAR 09.10.01.59, G.]

May 10, 2019 - Laurel Park
#19-061 The below listed licensees have been fined
for failure to have the 2018-19 license badges they had been issued by the Maryland Racing Commission.
[COMAR 09.10.04.11, C.]

  • MORRIS, Neil $5.00
  • GERARDO, Roniel $5.00
  • TAYLOR, Joseph $5.00
  • RICO-PEREZ, LeonelSaul $5.00
  • SALAZAR-MARTINEZ, Nolberto $5.00
  • MCDADE, Leonel $5.00
  • CLAYTON, Jason $5.00
  • SKAGGS, Steven $5.00
  • JOHNSON, Bryan $5.00
  • SAUREZ, Angel $5.00
  • HO, Wesley $5.00
  • AVINA, Ruben $5.00

(Note: The fines have been paid)

May 12, 2019 - Pimlico Race Course
#19-062 On April 27, 2019, the Stewards received notice from the Truesdail Laboratories, Inc. that urine sample #29016, dated April 13, 2019, contained the drug dextrorphan
which is not on the approved list of Controlled Therapeutic Substances for the Maryland Racing Commission. The Stewards established that urine sample #29016 was taken from the horse “No More Excuses”, owned by The Orebanks and trained by Michael Merryman, following the running of the eighth race at Laurel Park on April 13, 2019. The Stewards notified Mr. Merryman that: (1) the presence of dextrorphan in the system of “No More Excuses” at the time the horse ran constituted a violation under COMAR 09.10.03.04 Drug Prohibition - Horses; (2) He had the right to have the split sample tested by an independent laboratory prior to the Stewards conducting a hearing in this matter; and (3) He had the right to be represented by counsel at the hearing.

Mr. Merryman did not exercise his right to the split sample testing.
(COMAR 09.10.03.09 H 1, 2, & 3)

The Stewards held a hearing via telephone on May 8, 2019. Mr. Merryman waived his right to legal counsel.
Based upon the evidence before them, the Stewards find the following:

  1. No More Excuses” did carry dextrorphan in its system when it finished second in the eighth race at Laurel Park on April 13, 2019, a violation under COMAR 09.10.03.04, Section C;
  2. Michael Merryman, as trainer, was the absolute insurer of, and responsible for, the condition of “No More Excuses” at the time the horse ran (Sections D & F);
  3. A horse found to have carried a drug in its body during a race may be disqualified and the purse monies earned by that horse redistributed and
  4. An individual found to have violated these Regulations may be subject to a fine issued by the Stewards of up to $2,500 and a suspension of any license issued by the Maryland Racing Commission of up to 360 days. COMAR 09.10.03.02, Section A.

Based upon the evidence presented at the hearing and a precedent set by the Maryland Racing Commission:
Trainer Michael Merryman will not be sanctioned.

A separate hearing was held concerning the Multiple Medication Violation Point System.

Trainer Michael Merryman will be assigned one (1) Multiple Medication Violation Point.
[COMAR 09.10.03.02 C]

May 25, 2019 - Pimlico Race Course
RULINGS:
#19-063 On May 17, 2019, the Stewards received notice from Truesdail Laboratories, Inc. that blood sample #29182, dated April 28 2019, contained the drugs dexamethasone
at 84+-24pg/ml which is in excess of the accepted threshold level of 5pg/ml established by the MRC. See COMAR 09.10.03.01. The Stewards established that blood sample #29182 was taken from the horse “Keepingitquiet”, owned by Pewter Stable & Ralph Grasso and trained by Kathleen Demasi, following the running of the eighth race at Laurel Park on April 28, 2019. The Stewards notified Ms. Demasi that: (1) the presence of dexamethasone at this level in the system of “Keepingitquiet” at the time the horse ran constituted a violation under COMAR 09.10.03.04 Drug Prohibition - Horses; (2) she had the right to have the split sample tested by an independent laboratory prior to the Stewards conducting a hearing in this matter; and (3) she had the right to be represented by counsel at the hearing.

The Stewards held a hearing via phone on May 24, 2019, wherein Ms. Demasi waived her right to legal counsel and a split sample.

Based upon the evidence before them, the Stewards find the following:

  1. Keepingitquiet” did carry an overage of dexamethasone, in its system when it finished second in the eighth race at Laurel Park on April 28, 2019, a violation under COMAR 09.10.03.04,C;
  2. Kathleen Demasi, as trainer, was the absolute insurer of, and responsible for, the condition of “Keepingitquiet” at the time the horse ran (Sections D & F);

Based upon the foregoing, the Stewards hereby order that:
Trainer Kathleen Demasi, be fined in the amount of Five Hundred dollars ($500.).

A separate hearing was held to address the Multiple Medication Violation Point system.
Trainer Kathleen Demasi will be assigned one-half (1/2) Multiple Medication Violation Point.
[COMAR 09.10.03.02 C]

Note: As per COMAR 09.10.04.05, failure to pay a fine within 48 hours from being notified may result in a suspension of license.
BY ORDER OF THE STEWARDS

Date: May 25, 2019 - Pimlico Race Course
#19-064 In the matter of trainer, Nicholas Dilodovico, subject of Stewards Rulings #18-174, #175 and Commission Order Dated April 30, 2019.

On May 26, 2019, Nicholas Dilodovico appeared before the Stewards upon the request of HCP Coordinator Jessica Hammond, for consideration of reinstatement to good standing. The HCP coordinator provided a completion of program from Act II Counseling Program. In their evaluation they indicate that Mr. Dilodovico is presently drug free. She recommended that he be reinstated to good standing and permitted to return to work subject to the following stipulation:

That at the Stewards discretion he submit to drug testing by the HCP Coordinator, the Stewards, or their designated representative.
[COMAR 09.10.03.05.] .

In light of the above, the Stewards hereby order that Nicholas Dilodovico be reinstated to good standing subject to the above-stated stipulation.

May 27, 2019 - Pimlico Race Course
#19-065 In the seventh race, at Pimlico Race Course on May 25, 2019, horse #8 “Up Hill Battle”, ridden by jockey Katie Davis, was disqualified
from fifth position and placed sixth. Through the stretch, #8 “Up Hill Battle” came in, under right-handed whipping, forcing #3 “Silver Slivers” in tight , forcing his rider to check sharply to avoid clipping heels.

[Violation under COMAR 09.10.01.50, A (1 )a, d & e, which states in pertinent parts: “A horse may not: (a) Carry another horse in or out (d) Intimidate another horse, or (e) Impede another horse.]

OFFICIAL ORDER OF FINISH:
1st Racinginthestreet
2nd Unaquoi
3rd Elevated Vision
4th Not in Jeopardy
5th Silver Slivers
6th Up Hill Battle

DATE: May 27, 2019 - Pimlico Race Course
#19-066 Jockey, Katie Davis, is suspended three (3) Maryland racing days
, May 31 June 1 & 2, 2019, for riding the horse “Up Hill Battle” in a careless manner in the seventh race at Pimlico Race Course on May 25, 2019, thereby causing the disqualification of “Up Hill Battle” from fifth to sixth position.
[COMAR 09.10.01.45 AA(2)(c)(d)]