10/25/2006 12:00AM

Ferrer denied restraining order


A Cook County district court judge in Chicago denied jockey Jose Ferrer a temporary restraining order on Wednesday morning, so Ferrer will have to begin serving a 30-day suspension on Friday as stipulated in a ruling issued by stewards at Hawthorne on Sunday.

Ferrer was suspended for allegedly failing to do his best to win a race while riding a Burke's Legend, the tepid favorite in a low-level claiming race on Saturday at Hawthorne. Ferrer has denied the charge, and an attorney had filed an appeal of the ruling in district court late Tuesday. Ferrer still can appeal the denial of a TRO to an appellate court judge.

Shelley Kalita, legal counsel for the Illinois Racing Board, said the IRB was obligated to conduct a hearing on Ferrer's suspension within seven days, and that a hearing date would be scheduled Monday.

Ferrer, Kalita said, already is riding under a TRO issued after Ferrer appealed a five-day suspension for a riding infraction at the Arlington meet. Ferrer took off his mounts Sunday, but was to ride Wednesday and Thursday.

Hawthorne stewards suspended Ferrer after they judged he had not appropriately ridden Burke's Legend in Saturday's fifth race. The incident in question took place starting at the top of the stretch; Ferrer appears to pull on the reins, allegedly inhibiting the progress of Burke's Legend's, who eventually finished third. Cleaning House, the 3-1 second choice in the wagering, won the race.