11/14/2013 9:23AM

Albarado conviction on assault overturned on appeal

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Barbara D. Livingston
Robby Albarado had a conviction for assault overturned because of "overly prejudicial" testimony, according to the judge.

LOUISVILLE, Ky. – The 2012 conviction of jockey Robby Albarado on a charge of fourth-degree assault has been overturned on appeal in Jefferson Circuit Court in Louisville.

According to circuit court documents released Thursday by Albarado’s attorney Scott Barton, the jury conviction in an alleged domestic-violence incident that occurred April 30, 2012, involving a former girlfriend named Carolina Martinez was overturned by Judge Brian Edwards. Edwards cited testimony that was “overly predjudicial” against Albarado, and said that he was compelled to vacate the conviction.

Less than two months after being arrested in the case, Albarado was granted an injunction in Frankfort, Ky., which allowed him to continue riding, pending the outcome of the court proceedings and his subsequent appeal. The conviction was filed Aug. 15, 2012, with the Jefferson District Court jury recommending a $500 fine and no jail time as a sentence.

Albarado deferred comment Thursday to Barton, who declined to make a further statement.

The case was prosecuted by the Jefferson County Attorney’s office, which has the right to appeal Edwards’s decision to the Kentucky Supreme Court or to retry the case.

It was the second such highly publicized incident involving Albarado, following a March 31, 2011, argument with his then-wife, Kimber. Charges of wanton endangerment and domestic assault in that case were later pleaded down to a lesser charge, with Albarado being placed on a two-year unsupervised probation that since has expired.

Into this week, Albarado, 40, had won 4,544 races, 38th-most all-time in North America. The Louisiana native is best known as the regular rider of Mineshaft, the 2003 Horse of the Year, and Curlin, the 2007-08 Horse of the Year. He currently is riding at Churchill Downs in Louisville, where he makes his permanent home and where his three children live.
 

Bob Tyler More than 1 year ago
He has to look in the mirror everyday and look an irrelevant, no talent, has been, creep....worse than anything in the judicial system could do to the TOUGH GUY who takes swings at women...keep grinding out that 3% win percentage there Robby.....
Kram Hslew More than 1 year ago
Albarado still is a woman beater. creep.
Jimmy Durante More than 1 year ago
John, allow me to remind you that year when Animal Kingdom was "taken away" Was when he was arrested and charged for beat his wife Kimber Albarado. You forgot about that? So. Don't feel sorry for your "Talented Rider"!
John Flynn More than 1 year ago
Great News. He is a Very Talented Rider. "Animal Kingdom" got taken away from him in the KY Derby.
WILL More than 1 year ago
This shouldnt surprize anyone if you have money in this country you can get away with anything!
Randy Baker More than 1 year ago
These posters supporting albarado are the ones congradulating oj simpson on his great putt on the 13th hole.
Earl Rhodes More than 1 year ago
You make no dam sense at all !
Randy Baker More than 1 year ago
It makes no sense to you when you think theyre innocent.
Jimmy Durante More than 1 year ago
*For those out there that have no clue how the Legal System works, Let me give you an advise, this case is NOT over I can warrantee you this. *First of all, because an appeal Court Judge overturned his conviction does not mean he is not guilty. It is a fact Robby beat up his girlfriend, broke her right shoulder, her body was covered in bruises. Not to mention this has not been the first time. *Secondly, There is a Supreme Court which I am pretty sure that is exactly what the Prosecutor Office (COMMONWEALTH OF KENTUCKY) is going to do! *AND, if that does not work, it will be a new Trial. So, I have news for all those out there that Support this worthless human been that love to beat up women and think is going to get away with this. As a father of two daughters, I believe that what it goes around comes around and one day he will get his day. *Hey Robby I have news for you, DO NOT forget you have a daughter too!
Earl Rhodes More than 1 year ago
Worthless human being ? look I think a man that hits a women is not a man , but worthless human wow !
jackdsplns More than 1 year ago
Yeah he is such a coward. And he rides cowardly too. Just watch him. He never saves ground on the rail. Almost always goes 5 wide on the far turn. It was a miracle he stayed on the rail with Golden Soul in the Derby. He had to have been boxed in.
Jimmy Durante More than 1 year ago
drf
Greg More than 1 year ago
Get back to the top Robby, ur one of the best.
Jimmy Durante More than 1 year ago
Yea, you are right. One of the "Best" of his KIND. COWARD!!!!
jackdsplns More than 1 year ago
Baloney one of the best. Always an over rated jockey. He cannot ride with the big boys anymore . He needs to go ride in Evangeline Downs. Bush league jockey, bush league person.
chad mc rory More than 1 year ago
Here's to all who stuck by Robby through all this - and that does include Silver Max. Robby, if you see trouble coming just turn around and walk away.
nick More than 1 year ago
So it's ok to commit a crime as long as you are not convicted of it? Good thinking, sir. The end probably justifies the means in your world, as well, eh?
Big Jeff More than 1 year ago
I don't think that is what he is saying at all. Execpt for those of us who walk on water, evryone makes mistakes and does things we are not proud of.Yes, some are worse than others. To condemn a man and walik away would be so vey simple for us all.It is at these times that friendship and love are tested the most. So I would have to agree , here's to all who stood by and supported Robby during this time, and helped him get his life back on track.
Jimmy Durante More than 1 year ago
Big, everyone makes mistakes but when someone keeps making the Same mistake more the once don't you think there's a problem and instead of those that so called his friends keep justifying his actions Perhaps help him to get some help? You can't blame friends and sometimes Even family to walk away when people don't want to admit that they have a Problem and need help. Please stop to justify that fact he is hurting these Women and is okay. It's NOT okay. Period!
Big Jeff More than 1 year ago
You're right. It is definately not ok. And I hope my comment wasn't interpreted that way. Only that it does take tremendous loyalty to stand by someone,especially with something of this nature. But it is NOT ok.
LauraB More than 1 year ago
Here's how I see it - everybody makes mistakes in this life. If you work to over come your mistakes, learn from them and don't repeat them, that's a sign of maturity and progress. Bravo for Robby if this is the case. I'm glad it all worked out for him. IF this isn't the case and he continues to beat up every woman he dates or weds, then one day the Father of the next woman he beats up is going to make sure justice happens. I truly hope that doesn't occur. There's no excuse for anybody, man or woman being violent in a relationship. Like you said CHAD, I hope that when trouble comes his way in the form of a woman that he will use good judgment and walk away. He's a good jockey and I wish him the best of luck.