Todd Pletcher has been granted a stay of his 14-day suspension by the Schenectady, New York Supreme Court for an alleged butazolidin overage in the case of the horse Capensis (Tapit). The New York Gaming Commission originally suspended Pletcher 14 days and fined him $2,000.
The horse in question was the even-money favorite in the 10th race at Saratoga on July 30, 2022 and finished sixth. He is owned by Eclipse Thoroughbred Partners, Robert LaPenta, Gainesway Stable, Winchell Thoroughbreds LLC and Stonestreet Stables LLC.
The ruling, which was posted to the Gaming Commission's website, stated that phenylbutazone was present at a concentration in excess of 0.3 micrograms per milliliter in violation of 9 NYCRR 4043.3 (a) (26).
However, said Pletcher's attorney Andrew Mollica, there was no laboratory evidence presented that the horse had tested positive.
“The legal issue is predicated on the fact that there is no lab result in the evidence,” said Mollica. “The lab report reporting an overage was never put in evidence. Mr. Pletcher's position is that without the ability to examine the scientific evidence, the letter of Dr. (George) Maylin's is of no probative value.”
The parties are due back in court May 31, but a temporary restraining order has enjoined the Gaming Commission from invoking the penalty.
“The court found that Mr. Pletcher met all the requirements for likelihood to succeed on the merits–irreparable harm, and the balancing of the equities,” said Mollica.
Mollica said that a full review of the evidence presented will show the Gaming Commission cannot meet its burden that the horse had an overage on that day.
“There was no foundational evidence presented at the hearing that the horse had an overage and we look forward to litigating the case,” said Mollica.
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