03/16/2015 1:45PM

Richard Dutrow Jr. presents case to judges

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NEW YORK – Banned trainer Richard Dutrow Jr. appeared in a federal court of appeals Monday, trying to convince a three-judge panel to hear his case against regulators who banned him from the sport for 10 years.

Dutrow’s attorney, Alan Sash, argued that Dutrow was denied due process and did not have a “full and fair opportunity” to defend himself in a federal court setting against the New York Gaming Commission (then the New York State Racing and Wagering Board), which banned him for a decade and fined him $50,000 for a history of rules violations.

The case, initially filed in February 2013 and which also sought punitive damages of no less than $10 million, was thrown out last July by Judge Sandra Townes of the U.S. District Court for the Eastern District, who contended that Dutrow did not have cause to argue his case in a matter that had already been decided by state courts.

Dutrow’s attorneys have argued that John Sabini, then chairman of the New York State Racing and Wagering Board, had a bias against Dutrow in part because he also was an official of the Association of Racing Commissioners International, which had requested the New York board hold a hearing regarding whether Dutrow’s license should be suspended or revoked. The ARCI request, made by a letter from that organization’s president, Ed Martin, was made in 2011 after the board suspended Dutrow 90 days when one of his horses tested positive for a banned substance in November 2010 at Aqueduct. Also, that same month, three syringes loaded with a banned substance were found in the desk drawer of Dutrow’s Aqueduct office.

Sash, who had 10 minutes to present his case before the judges, said there were several pieces of evidence not introduced in the original proceeding, including an email from the staff of Sen. Tom Udall (D-New Mexico), which questioned if the 90-day penalty was being “too light given the trainer’s prior doping history.”

When Sash intimated that the email and pressure from the ARCI played a role in elevating a 90-day penalty to 10 years, one of the judges said “That is not really the case” because the 10-year penalty was based on Dutrow’s “violations in various jurisdictions.”

Dutrow’s suit also names the ARCI as a defendant. Monday, Jeremiah Byrne, the attorney representing ARCI, noted to the judges that while Dutrow has fought the penalties handed him at every level “he never disputed that he broke the rules.”

Byrne, in his presentation before the judges, claimed Dutrow had “64 violations in nine states at 15 different racetracks,” though that lumps in minor violations such as not having foal papers on file or the proper silks for horses that raced outside of New York.

Dutrow, looking a little more gray than when he left the track two years ago, declined to comment to Daily Racing Form after court. He did, however, confront Byrne, asking him to explain how the ARCI could claim Dutrow doped his horses.

“How do you explain that?” Dutrow asked Byrne.

Dutrow was led away from Byrne by his attorneys.

It is unclear when the judges will issue a decision.

Gary Benson More than 1 year ago
I assisted Rick in California,you won't find any fines on him here!
Chris Creary More than 1 year ago
Richard dutrow jr is one of the best if not the best.not only does he loves and cares for his horse to the fulliest of his ability but he also treats his workers with respect and love for all.he is just a class act. He's never upset about anything no matter how bad things may be there's always a smile on his face.rick would never fire anyone that works for him.if you loose your job is because you fired yourself.it was a great in justice that was done to rick dutrow and they should overturn that ruling and reinstate him so he can continue to do great things in the racing industry. Many trainers have come up with positive test on many occasions but none has received the harsh and unjust punishment thats been carried out against rick dutrow.with that being said it leaves you to believe that they were just out for him and thats not rite. No trainer in the racing industry is perfect.so why punish rick dutrow as if he's the only inperfect trainer in the racing industry. Its not rite and its not fair.its unjust and they should be ashamed of themselves.ten years is like taking away his legs and telling him to continue walking and living life.but lets be honest, what kinda life will you be able to live? Not a good one.and thats exactly what they have done to rick dutrow .because horses is his life..do the rite thing and reinstate trainer rick dutrow jr. .chris creary
David Courtland More than 1 year ago
ESPN columnist Bill Finley said it best two years ago: "This has been made into a complicated case, and it really isn't. The guy cheated. He got caught. He had his day in court. He was given a penalty that fit the crime. See you in 2023, Rick."
Chad mc rory More than 1 year ago
Allow Dutrow back on and he's 6:5 to get bounced again within a year.
Danny Gonzalez More than 1 year ago
Theres a big difference between an overage of a theraputic drug and giving a horse . doping him up to the gills . Good horsemen and very caring person about the welfare of horses thats what got him banned He complained about the way horses were treated
john More than 1 year ago
Dutrow wan baggie
avlamal More than 1 year ago
a total railroad nazi court kangaroo job on dutrow the guy is a victim of not being liked and different tell me pletcher doesnt dope his horses remember that fillie in the breeders cup who was so stoned out of her mind even the jockey knew something was terribly wrong and the horse ran like she was catatonic bottomline dutrow should be reinstated immediately or start looking at pletcher and all the corporate trainers who know the right vets and get away with it because they are not different and play the game
David Lavine More than 1 year ago
if rick dutrow was cheating and giving drugs to his horses,how is it that in the last 12 years he has not had one break down in the morning or during the races in the afternoon.a lesson should learned,beware, all you other trainers out there, who will be next,anyone who wins to many races is always considered a cheater.five % of the horseman know what their doing the rest are clowns.the avegage person that commits murder in the u.s. only serves nine years in prison,
Richard Holmes More than 1 year ago
As others have said, I think the penalty is kind of unfair, considering that there are so many other guys doing the same thing, and they don't get 6 months. For him to get 10 years seems very arbitrary. If they want to have a zero tolerance type of law, where they always lay down severe penalties, I think that would be great. I would like to see them do that. But since they don't do that, it's not fair for Dutrow to get 10 years.
Danny Gonzalez More than 1 year ago
ITs not fair to any trainer what happened to rick administrative paperwork violations should not matter in reviewing a trainers history if you get 100 parking tickets and pay them all they dont go against your license. The major thing in ricks case is that the last positive was not a positive butarphanol can stay in 30 percent of horses treated with it following ny rules for 10 days the rule states 4 days this is completely wrong and the horse went on to win several more times after getting claimed from rick and at a higher level , We need to stop branding trainers as cheaters when they get violation for being a fractional amount over verses testing 2 times or more of the allowable limit. trainers do try to cheat but rick doesnt cheat all his overages were fractional amounts
harpharper . More than 1 year ago
And when his appeal is denied, please double or triple his 10 year sentence. How u like it now, Babe.