04/02/2014 4:48PM

Pennsylvania trainer Webb files motion to have charges dismissed


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.

Danny Gonzalez More than 1 year ago
nice try federal goverment does have jurisdiction thanks to the intertrack wagering bill
BigSkyEquine More than 1 year ago
The allowance of prerace Lasix sets the tone for this 'hopping the horse' behaviour. If one performance enhancing drug is legal, why not inject another? The solution to eliminating pre-race doping is to eliminate Lasix as they have done internationally, where horseracing is 4X safer. Lasix is the root of the doping problem in America. Where Lasix is allowed, horses break down fatally 4X more often.
Teresa Bossow More than 1 year ago
Where there is smoke there is usually a fire. Why did he scratch the horse? So they couldn't test it for drugs. If you have nothing to hide then run the horse.
Russell More than 1 year ago
They did not say the trainer scratched the horse. I'd bet the stewards scratched him
T.W.SOCKS RACING More than 1 year ago
when he got caught ,the horse was automaticaly scratched by the commission vet !
rahman Williams More than 1 year ago
Just blame it on Baffert. That's the New Fad. Or assmusen
chad mc rory More than 1 year ago
What Baffert did - Baffert did - remember Tweebster.