By Bill Finley
The Schenectady Supreme Court issued a temporary restraining order Thursday that put a halt on the New York Gaming Commission's efforts to disqualify Forte (Violence) from his win in the 2022 GI Hopeful S. at Saratoga and suspend trainer Todd Pletcher.
Acting on behalf of Pletcher and owners Mike Repole and Vinnie Viola, attorney Drew Mollica filed an Article 78 appeal. Article 78 appeals are lawsuits mainly used to challenge an action, or inaction, by agencies of New York State and local governments.
The New York Gaming Commission has alleged that Forte tested positive for meloxicam, a non-steroidal anti-inflammatory drug, widely prescribed to treat osteoarthritis and rheumatoid arthritis, and sold under the brand name Mobic. Forte was disqualified and Pletcher was issued a 10-day suspension and fined $1,000.
The Forte team has used Dr. Steven A. Barker, considered one of the foremost experts in equine drug testing and research, as a witness and Barker has said that 500 picograms or .5 nanograms of meloxicam was detected in Forte's system. Barker said he believes that such a low level of the medication would not impact a horse's performance and that the small amount is indicative of environmental contamination.
A hearing was granted by the Gaming Commission, which voted unanimously to uphold a recommendation from a hearing officer. After that decision, Forte's legal team took the next step and went to court. The case is scheduled to resurface on Jan. 9, at which time the court can issue a permanent injunction.
“We look forward to appellate review of one of the most unfair, egregious hearing processes and commission orders that I have ever seen,” Mollica said. “The facts will show that not only did Mr. Pletcher break no Gaming Commission rule, the rule by which he was charged has no applicability at all and the hearing was constitutionally flawed.”
Mollica also argued that the amount found in the horse's system did not merit a violation. He said that Dr. George Maylin, the director of the New York Equine Drug Testing Programs, agreed with that finding and stated as much when going before the hearing officer.
“The scientific finding alleged by the Gaming Commission did not meet the standard of a violation,” Mollica said. “Dr. George Maylin, the nation's foremost equine pharmacologist, testified as much at the hearing. It should be noted that Dr. Maylin did not testify for the prosecution, in this case the Gaming Commission, but testified for the defense. That speaks volumes. We look forward to an impartial review of this matter. After reviewing the transcript of the hearing all I can say is that this was a travesty of justice.”
Once the positive finding was revealed Repole has been adamant that the disqualification was unwarranted and vowed to fight.
“I spent $20 million last year on horses, I can spend $20 million fighting this case,” he said in May. “I think long-term this is going to be good for racing. This whole process, though sad and pathetic, has been a great learning experience for me.”
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