04/02/2014 3:48PM

Pennsylvania trainer Webb files motion to have charges dismissed

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One of three trainers indicted last year at Penn National is arguing that charges against him should be thrown out because the federal government has failed to provide evidence to support its counts, according to a motion to dismiss filed by the trainer’s attorney earlier this week.

The motion, filed on Monday in the U.S. District Court for the Middle District of Pennsylvania by Terrence McGowan, the court-appointed lawyer for trainer Samuel Webb, contended that the federal indictment cannot support either count against Webb. One count charged an attempt to commit wire fraud, and the other charged the use of an interstate facility to promote gambling.

The charges against Webb were based, according to the federal indictment, on an allegation that Webb was caught by state investigators attempting to administer a substance to a horse on raceday. The horse was scratched and never ran.

The motion to dismiss says that prosecutors have failed to provide an analysis of the substance that Webb was allegedly trying to administer, even after two requests to provide the evidence. It also states that the charge of attempting to commit wire fraud is spurious because the horse never ran.

The motion also contends that the federal government lacks jurisdictions to file charges against trainers, given that racing in the state is regulated by the Pennsylvania Racing Commission.

Webb was indicated late last year along with Patricia Rogers and David Wells, two other Penn National based trainers. Also indicted was a clocker at Penn National. All have pleaded not guilty.