DUTROW: OVERTURNED!
The 15-day suspension against Kentucky Derby-winning trainer Rick Dutrow for an alleged Clenbuterol positive in Salute the Count, a horse that ran at Churchill Downs on May 2, should be overturned by the Kentucky Horse Racing Commission, hearing officer James Robke has ruled.
Clenbuterol has a permissible threshold level of 25 picograms per ml of serum, according to state guidelines. Iowa State Laboratory reported a finding of 41 picograms; the documentation packet was labeled: “Confirmation for Clenbuterol in Plasma.” But the hearing officer ruling said there was no evidence presented by Iowa State or a secondary, confirmatory lab at Louisiana State University that confirmed the presence of Clenbuterol in serum. “Neither was there any evidence to explain the difference between serum and plasma,” the hearing officer recommendation states. Because of this, the administrative officer said the commission had "not met its burden" to prove the allegations against Dutrow were true.
The recommendation (click here to read the complete ruling) said the commission “failed to prove that the amount of Clenbuterol was above the threshold of ‘25 picograms per ml of serum.’ The commission proved that the amount of Clenbuterol in Salute the Count was indeed 41 picograms per ml of plasma. No evidence was presented to explain the difference (between plasma and serum). When dealing with two amounts … it is imperative that there is specificity as to the amounts.”
Lisa Underwood, executive director of the Kentucky Horse Racing Commission, issued the following statement: “The staff of the KHRC has reviewed the hearing officer’s recommendations to the Kentucky Horse Racing Commission regarding the steward’s ruling against trainer Richard Dutrow Jr. We have concluded that we have a strong basis for filing exceptions to the recommended order, and we intend to do so promptly.”
Copyright © 2008, The Paulick Report
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Tags: Big Brown, clenbuterol, Horse Racing, horse racing regulations, iowa state lab, james robke, kentucky horse racing commission, lisa underwood, louisiana state university lab, Medication, Paulick Report, Ray Paulick, richard dutrow jr., rick dutrow, salute the count, withdrawal guidelines
October 10th, 2008 at 12:50 pm
There may be a few things wrong with this development.
James Robke is the hearing officer who ruled that Patrick Biancone was not a threat to Kentucky racing.
The Commission wrote the rule and gave the measurement in picograms of SERUM. Whose fault is it the result related to PLASMA?
The Commission staff will file for an exception to the order? Seems the case will be heard by THE COMMISSION. More than likely the hearing will be in secret.
Does that all seem like a fair , legal procedure?
October 10th, 2008 at 5:02 pm
Having worked in law enforcement as a probation counselor and as a clerk for the Los Angeles Civil Service Department while attening college, I am not surprised at this screw up. I wonder how the Feds ever managed to nail Al Capone and make it stick!
October 11th, 2008 at 5:03 pm
After being given enough rope it took 13 years for OJ Simpson to “hang himself”.
October 12th, 2008 at 12:18 pm
The whole thing is a circus.
James Robke seems to hold a monopoly on the position of Hearing Officer for KHRC and it’s predecessor KHRA. (Obviously no difference except for the last letter.)
Mr. Robke was formerly a member of the Kentucky Commission. He certainly had some role in writing many regulations, although he may not have been involved in writing this specific regulation. Now he is ruling on the same regulations.
Under the Kentucky Open Meetings Act, when a Commission conducts a hearing in a closed session, only the Members and Staff may be present. Mr. Robke is NOT on the Staff of KHRC. In the past, he has violated this law. As a former Commissioner he must have been aware of the law. Of course, the Commissioners and Staff must also have been aware the law was being violated by Mr. Robke’s presence.
Mr. Robke also ruled that if Stewards permitted a horse to race with a name not approved by The Jockey Club, it WOULD damage the INTEGRITY of racing and would disrupt the functioning of all The Jockey Club’s money-making data systems. That, notwithstanding the regulations allow Stewards to grant such permission.
Funny how the word “integrity” can be molded to suit the desired result. The integrity of the Dutrow matter can be put beyond question or doubt by restarting the process from scratch. With a different Hearing Officer, of course.