05/12/2008 12:00AM

Biancone tries to stop hearing


Patrick Biancone, the trainer who is serving a one-year suspension under a settlement agreement with the Kentucky Horse Racing Authority, has filed a lawsuit seeking an injunction that would prevent the authority from holding a hearing next Monday to address whether he has violated the terms of his deal.

The request is scheduled to be heard in Franklin County Circuit Court on Wednesday. In the suit, Biancone’s attorney argues that the racing commission does not have the authority to hold the hearing, and that Biancone was not given proper notice to appear before the commission.

Frank Becker, Biancone’s attorney, said on Monday that Biancone continues to deny that he has violated the terms of the agreement, which was reached after investigators discovered three vials of cobra venom, a prohibited neurotoxin, in Biancone’s barn at Keeneland during a search last summer.

The agreement prohibits Biancone from training any horses for six months, beginning on Nov. 1 of last year. Biancone was also prohibited from seeking a training license for an additional six months.

The authority said last month that it was investigating Biancone for possible violations of the agreement.

Biancone’s lawsuit alleges that the authority sent investigators to a training track that Biancone has agreed to purchase with a partner, Fabien Ouaki, seeking evidence as to whether Biancone was training horses at the property. The suit says that none of the horses at the property were considered to be in training.

Lisa Underwood, executive director of the authority, said Monday she could not comment on pending litigation.