Dutrow appears before NY judges for appeal of ban

by | 05.22.2012 | 5:14pm
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Trainer Rick Dutrow Jr appeared before a New York court on Tuesday asking that the court overturn a 10-year ban handed down by racing officials on the grounds that a member of the organization who banned him was biased, reports the Lexington Herald-Leader. Dutrow was banned in 2010 after syringes containing an analgesic and a sedative were found on his desk and a horse he trained tested positive for an analgesic in November.  He was also fined $50,000. Dutrow is currently training under a court-ordered stay of his sentence.

Attorney Michael Koenig represented Dutrow before the five Appellate Division judges in the case. He asserted that his client was being treated unfairly because the chairman of the New York Racing and Wagering Board, John Sabini, has a position with the Association for Racing Commissioners International. Koenig said he didn’t believe there was enough evidence to support the board’s allegations but the fundamental issue is that Sabini did not recuse himself from the case despite the fact he is an officer with the RCI.

“In addition to the undeniable conflict of interest that permeated both the process and its ultimate outcome, the decision even to seek revocation was retaliatory,” Koenig argued in his brief. “Specifically, it was only after Mr. Dutrow appealed a 90-day suspension arising from two alleged violations that he was met with the revocation proceeding.”

The assistant attorney general argued that Sabini was not required to recuse himself and was not part of the investigation until it was brought before him.  She also noted that the decision to ban Dutrow was unanimous.

» Read more at Lexington Herald-Leader
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  • http://profile.yahoo.com/GN75TMMTTZCDAKCKWH4QH6RDYQ Ronald T

    This is exactly why the game is dying….Being guilty has nothing to do with anything in racing anymore as long as you have some scu#b#g lawyer to hide behind and hide the facts with bull###t…..

    • voiceofreason

      Understand your sentiment – but respectfully disagree. The game is dying because they institutionalized and rewarded cheating. They supported interests to the detriment of the horse, and never cared to create a level playing field.

      Need proof? By opening his mouth, Dutrow initiated more change than the industry big-wigs could muster in three decades of rule. In a world gone mad, only HE is the poster boy for integrity in the sport of horse racing.

      • stillriledup

         And, if they ban him for 10 years, he will initiate even more change because trainers might be less willing to cheat knowing the penalties can be incredibly harsh. If they uphold this ban and make an example out of the ‘poster boy’ it might change the game for the better in more ways than one.

      • Lenny7357

        Interesting take on this subject, while I’m not a Rick Dutrow fan ,it appears to me that he is clearly being used as a scapegoat instead of going after all the guilty trainers in the industry.

        • Jimculpepper

          I dislike the scapegoat solution myself, equal protection under the law or something like that. In a third world styled  culture of impunity, Why should one guy take a fall for the rest.

        • SteveG

          Strictly speaking, a scapegoat is someone who is blamed for something he or she did not do.  Sacrificed for the misdeeds of others.

          Dutrow’s done plenty. A virtual symphony of minor & major infractions.

          Now, that bears no relation to whether or not the severity of the punishment is “fair.” 

          That it’s taken this long to pull-up a chronic, serial offender like RD (and there are others, he’s not alone) is as much an idictment of the system than anything else.  Had permissiveness & leniency not ruled the decades, we wouldn’t be having this discussion.

      • Convene

         Agreed, he sure did boot ‘em to make changes. However, he did so over the suffering, squirming body of racing’s integrity, and to allow him to continue just inflicts more wounds. How many more unpunished hits can this sport take before it loses all integrity and gives up the ghost? If the same energy as is being devoted to arguing the pros and cons of Rick Dutrow were directed at forcing change by being voices demanding it, we wouldn’t need crises like this to get racing back on track. In most fields, it’s crimes that compel new laws – but that doesn’t (and shouldn’t) give the criminals a free ride!

  • http://profile.yahoo.com/GN75TMMTTZCDAKCKWH4QH6RDYQ Ronald T

    This is exactly why the game is dying….Being guilty has nothing to do with anything in racing anymore as long as you have some scu#b#g lawyer to hide behind and hide the facts with bull###t…..

  • voiceofreason

    Understand your sentiment – but respectfully disagree. The game is dying because they institutionalized and rewarded cheating. They supported interests to the detriment of the horse, and never cared to create a level playing field.

    Need proof? By opening his mouth, Dutrow initiated more change than the industry big-wigs could muster in three decades of rule. In a world gone mad, only HE is the poster boy for integrity in the sport of horse racing.

  • stillriledup

     And, if they ban him for 10 years, he will initiate even more change because trainers might be less willing to cheat knowing the penalties can be incredibly harsh. If they uphold this ban and make an example out of the ‘poster boy’ it might change the game for the better in more ways than one.

  • Lenny7357

    Interesting take on this subject, while I’m not a Rick Dutrow fan ,it appears to me that he is clearly being used as a scapegoat instead of going after all the guilty trainers in the industry.

  • Rufusous

    Dutrow needs to be banned. He is without a moral compass in regards to both himself and the horses he trains. The sooner he’s out, the better. Ten years, really isn’t long enough in his case.

  • Rufusous

    Dutrow needs to be banned. He is without a moral compass in regards to both himself and the horses he trains. The sooner he’s out, the better. Ten years, really isn’t long enough in his case.

  • DavidB

    I recommend that Dutrow tell the media that he is innocent, and even had to Google the meaning of the words “syringe” and “analgesic”.

    • Frank l.

      David —

      What did YOU find when YOU goggled
      syringe and analgesic? Did it help your understanding any?

      • DavidB

        It was a sarcastic reference to a previous story about O’Neill’s brother saying he had to Google “milkshake”. C’mon Frank, try to keep up.

        • Frank L

          David —

          That was my point!! I know what you
          were referring to, indirectly — Seems being Sarcastic doesn’t
          improve mentality, does it?

          • Big Red

            Sorry Frankie, but Dennis O brought this upon himself thinking everyone else is an idiot.
            Associating D.O. and Google will forever be etched in the racing world minds.
            The fact is that the Science of drug testing has caught D.O. red handed and no amount of bullcrap can change that. 

          • Frank L.

            Big Red —

            It would be nice if you knew what you
            were talking about , JUST FOR ONCE!! Do you have coffee with Tinky
            every morning — two peas in a pod!!

  • DavidB

    I recommend that Dutrow tell the media that he is innocent, and even had to Google the meaning of the words “syringe” and “analgesic”.

  • Jimculpepper

    I dislike the scapegoat solution myself, equal protection under the law or something like that. In a third world styled  culture of impunity, Why should one guy take a fall for the rest.

  • Ebenezer

    if only he could be banned from all north american racing- we need a Roger Goodell here.  RD is/has been and will be dirty as a trainer.  We need higher standards and we need to stick with them.

  • Ebenezer

    if only he could be banned from all north american racing- we need a Roger Goodell here.  RD is/has been and will be dirty as a trainer.  We need higher standards and we need to stick with them.

  • SteveG

    Strictly speaking, a scapegoat is someone who is blamed for something he or she did not do.  Sacrificed for the misdeeds of others.

    Dutrow’s done plenty. A virtual symphony of minor & major infractions.

    Now, that bears no relation to whether or not the severity of the punishment is “fair.” 

    That it’s taken this long to pull-up a chronic, serial offender like RD (and there are others, he’s not alone) is as much an idictment of the system than anything else.  Had permissiveness & leniency not ruled the decades, we wouldn’t be having this discussion.

  • Frank l.

    David —

    What did YOU find when YOU goggled
    syringe and analgesic? Did it help your understanding any?

  • Convene

     Agreed, he sure did boot ‘em to make changes. However, he did so over the suffering, squirming body of racing’s integrity, and to allow him to continue just inflicts more wounds. How many more unpunished hits can this sport take before it loses all integrity and gives up the ghost? If the same energy as is being devoted to arguing the pros and cons of Rick Dutrow were directed at forcing change by being voices demanding it, we wouldn’t need crises like this to get racing back on track. In most fields, it’s crimes that compel new laws – but that doesn’t (and shouldn’t) give the criminals a free ride!

  • Convene

     As this story appeared on Blood Horse, it sounds as if the appeal is based more on legal process technicalities than the issue of guilt or innocence. After 64 or so violations and a very cavalier attitude to getting his  little fingies gently rapped, someone who continues violating rules obviously isn’t getting the message that the rules apply to everyone. This guy has to go, hopefully beginning to get the message across that those rules DO apply to everyone. And afterward, they have to put their money where their mouths and apply them universally. The argument that, “Lots of other people are doing it,” is NOT a valid excuse – not in my opinion court!

    • Pjleft

      Can you say “Ryan Braun”?

  • Convene

     As this story appeared on Blood Horse, it sounds as if the appeal is based more on legal process technicalities than the issue of guilt or innocence. After 64 or so violations and a very cavalier attitude to getting his  little fingies gently rapped, someone who continues violating rules obviously isn’t getting the message that the rules apply to everyone. This guy has to go, hopefully beginning to get the message across that those rules DO apply to everyone. And afterward, they have to put their money where their mouths and apply them universally. The argument that, “Lots of other people are doing it,” is NOT a valid excuse – not in my opinion court!

  • free reign

    OWNERS are 90% of the problem. Without fining them, not JUST withholding purse money per infraction, it is futile to try to prosecute THEIR contracted trainers. Tony wins at over 30% with a stellar record. Ricky could as well. Owners that don’t protect the LONG TERM viability and culture of racing, and only want to exploit the horses are the problem. Fine them, and trainers will mind their Ps and Qs through supply and demand controls. If Ricky must take up at a training center, hopefully it will be under his brother’s oversight.

    • Convene

      They’re a huge part of the problem. However, the trainer is supposed to have his own integrity; after all, he’s the one being held accountable (as he should be). Call me old fashioned but to me integrity is more important than anything else I could think of, especially if it involved the huge investment, financial and emotional, I have in my horse.

    • Garrett Shaboo Ritter

       Owners are 90% of the problem!!!!!! How about the industry

  • free reign

    OWNERS are 90% of the problem. Without fining them, not JUST withholding purse money per infraction, it is futile to try to prosecute THEIR contracted trainers. Tony wins at over 30% with a stellar record. Ricky could as well. Owners that don’t protect the LONG TERM viability and culture of racing, and only want to exploit the horses are the problem. Fine them, and trainers will mind their Ps and Qs through supply and demand controls. If Ricky must take up at a training center, hopefully it will be under his brother’s oversight.

  • DavidB

    It was a sarcastic reference to a previous story about O’Neill’s brother saying he had to Google “milkshake”. C’mon Frank, try to keep up.

  • Frank L

    David —

    That was my point!! I know what you
    were referring to, indirectly — Seems being Sarcastic doesn’t
    improve mentality, does it?

  • Big Red

    Sorry Frankie, but Dennis O brought this upon himself thinking everyone else is an idiot.
    Associating D.O. and Google will forever be etched in the racing world minds.
    The fact is that the Science of drug testing has caught D.O. red handed and no amount of bullcrap can change that. 

  • Convene

    They’re a huge part of the problem. However, the trainer is supposed to have his own integrity; after all, he’s the one being held accountable (as he should be). Call me old fashioned but to me integrity is more important than anything else I could think of, especially if it involved the huge investment, financial and emotional, I have in my horse.

  • McGov

    He’s going to be a racing manager soon, I suspect.  Ok, so it’s probably best to get these negative stories out of the way before the potentially biggest racing moment in over 30 years.
    Paulick, why don’t you lead the way, make an effort to push for positive coverage while still maintaining your obligations to inform.

  • McGov

    He’s going to be a racing manager soon, I suspect.  Ok, so it’s probably best to get these negative stories out of the way before the potentially biggest racing moment in over 30 years.
    Paulick, why don’t you lead the way, make an effort to push for positive coverage while still maintaining your obligations to inform.

  • ttowntony

    46 violations since 2003, and this guy was allowed to saddle a horse in this year’s Preakness….talk about a slap to the face to the betting public, and all racing fans! Hopefully, he’ll lose his battle in court.

  • ttowntony

    46 violations since 2003, and this guy was allowed to saddle a horse in this year’s Preakness….talk about a slap to the face to the betting public, and all racing fans! Hopefully, he’ll lose his battle in court.

  • desertrailrat

    I am not a Dutrow fan, his record speaks for itself but even more despicable are trainers that drug horses that are unsound to mask injury, while Dutrow drugs for competitive advantage.  His record of minimal breakdowns is very impressive (none in 3-4 yrs I think?) so for all he obviously does wrong he does some things right too.  Just being fair, but cheating is bad in any form I fully agree.

  • desertrailrat

    I am not a Dutrow fan, his record speaks for itself but even more despicable are trainers that drug horses that are unsound to mask injury, while Dutrow drugs for competitive advantage.  His record of minimal breakdowns is very impressive (none in 3-4 yrs I think?) so for all he obviously does wrong he does some things right too.  Just being fair, but cheating is bad in any form I fully agree.

  • Garrett Shaboo Ritter

    Banned Dutrow for ten yrs is not going to enhance the industry 

  • Garrett Shaboo Ritter

    Banned Dutrow for ten yrs is not going to enhance the industry 

  • Frank L.

    Big Red —

    It would be nice if you knew what you
    were talking about , JUST FOR ONCE!! Do you have coffee with Tinky
    every morning — two peas in a pod!!

  • NPetrillo

    Dutrow should be banned for life.  He needs to find a job that does not include horses-he should get another life!

  • NPetrillo

    Dutrow should be banned for life.  He needs to find a job that does not include horses-he should get another life!

  • Pjleft

    Can you say “Ryan Braun”?

  • Garrett Shaboo Ritter

     Owners are 90% of the problem!!!!!! How about the industry

  • free reign

    The owners are part of the industry. It is no different than WS. When an element can racketeer with impunity and defer risk to the innocent(horses and rule following horsemen and bettors.) What owners, besides Irwin Strawbridge, really speak out. They are the only ones that can afford to speak out. Gill and Ricky are the loudest voices directing attention to the problem. Owners and racing commissions both enable and perpetrate he practices through financial support and dereliction of duty. Working 2 decades with top % trainers, and NO drug rulings, I can tell you that most of the rulings are with reckless or incompetent help and trainers. I have seen trainers lend their license to another and incur a ruling in that one horse/race. One owner installed a dangerous, ruling incurring assistant, smart owners and horsemen withdrew horses from that barn. Sadly some owners are unaware of the workings in their contracted trainer’s barns. Unaware owners that support such trainers are Stockholm Syndrome suffering beneficiaries.  

  • free reign

    The owners are part of the industry. It is no different than WS. When an element can racketeer with impunity and defer risk to the innocent(horses and rule following horsemen and bettors.) What owners, besides Irwin Strawbridge, really speak out. They are the only ones that can afford to speak out. Gill and Ricky are the loudest voices directing attention to the problem. Owners and racing commissions both enable and perpetrate he practices through financial support and dereliction of duty. Working 2 decades with top % trainers, and NO drug rulings, I can tell you that most of the rulings are with reckless or incompetent help and trainers. I have seen trainers lend their license to another and incur a ruling in that one horse/race. One owner installed a dangerous, ruling incurring assistant, smart owners and horsemen withdrew horses from that barn. Sadly some owners are unaware of the workings in their contracted trainer’s barns. Unaware owners that support such trainers are Stockholm Syndrome suffering beneficiaries.  

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