12/08/2014 1:23PM

Three New York trainers have carbon dioxide cases dismissed

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Cases against three trainers whose horses had tested for higher-than-permissible levels of total carbon dioxide following races at New York tracks have been dismissed by the New York State Gaming Commission.

Trainers Tony Dutrow, Peter Kazamias, and Neal Terracciano will not face penalties for having horses test for high levels of carbon dioxide. A high level of carbon dioxide is sometimes the result of the practice of “milkshaking” – administering sodium bicarbonate (baking soda) by a nasal tube before a race, which is thought to boost performance. High carbon dioxide levels also can be produced naturally.

Dutrow’s case goes back five years and involves the filly Mambo Fever, who finished second in the Grade 3 Tempted Stakes at Aqueduct on Nov. 7, 2009.

The case involving Terracciano goes back to May 16, 2010, when the filly Martha’s Mandate finished last in a $10,000 claiming race at Belmont Park.

The case involving Kazamias dates back to Feb. 13, 2011, when Calvello finished last of five in the $60,000 Always Run Lucky Stakes at Aqueduct.

In each case, tests showed the horses had a pre-race carbon dioxide level above the threshold level of 39 millimoles per liter of plasma.
Kazamias and Terracciano were both initially suspended for 60 days and fined $1,000 by the New York stewards.

Dutrow was never assessed a penalty. His case was sent directly to New York’s regulatory body, known then as the New York State Racing and Wagering Board. On Feb. 1, 2013, that board was dissolved, and a new entity, the New York State Gaming Commission, was formed.

In July, the gaming commission reached a settlement with Terracciano, who was running Martha’s Mandate for an unlicensed participant, Jerry Palumbo, and had never had contact with the filly prior to her race, the commission determined. Terracciano had his 60-day suspension reduced to 30 days, time he will only serve if he commits a violation over the next two years.

Terracciano took a two-year sabbatical from training, returning in August at Saratoga.

On Sept. 5, the gaming commission, through attorney Rick Goodell, informed both Kazamias and Dutrow that it “will dismiss the track-level rulings and discontinue the hearing process” in their cases.

Asked last week why the gaming commission would do that, spokesman Lee Park said, “Agency staff chose to focus priorities on prosecuting current cases and chose not to relitigate 5-year-old and 3-year-old alleged violations.”

Karen Murphy, the attorney who represented both Dutrow and Kazamias, said certain aspects of the investigation – including not being able to allow for split blood samples for testing – were mishandled, and the charges were ultimately dropped.

“Dismissing these cases was the right thing to do,” Murphy said. “A leader of the gaming commission made that call, and the fairness of that judgment should be recognized.”

robert More than 1 year ago
when is that cheat rudy going to do his time for all his banamine positives
Pagani Zonda More than 1 year ago
Are any of those " Current Cases" prosecuting David Jacobson, or Rudy Rodriguez?
Mel More than 1 year ago
For all of you who hate this and that and about everything about this sport, why are you even on this site?
Pagani Zonda More than 1 year ago
Why do you care? Why don't you worry about your own opinions.
mikey More than 1 year ago
A cheating trainer not in NY
Frank More than 1 year ago
I truly love all the horses in the sport -- and on the other hand I truly hate most all the people in this sport. Most all are evil, corrupt, greedy people that take advantage of a beautiful innocent animal.
Frank Reach More than 1 year ago
Frank, of course you have a right to have that opinion. But, I think if you go spend some time on a backstretch at any track you'll find that most people in the sport of horse racing are great people who truly love their horses. Yes, everyone is trying to make a living, but, spending a life with horses takes a lot of work and love for the horse. Some are bad, that's true. But, MOST are great.
Frank More than 1 year ago
Frank, I grew up around the backstretch for standard bred racing. My dad owned harness horses -- Chicago circuit so I know about that -- haven't been around the thoroughbred backstretch.
MsTBredRacing More than 1 year ago
Then why even comment? You are always commenting like some know it all. Harness racing is nothing like thoroughbred racing so just stop making yourself look like an idiot. Every post you comment on is negative. Just shut it!
Pagani Zonda More than 1 year ago
This is a public forum. who are you to tell people to shut it?...
Steve Sanft More than 1 year ago
Is it just a coincidence that you here the same trainers names over and over again in these articles? Horseracing has really become full of the dregs of society.
Ken Wiener More than 1 year ago
Another embarrassment for regulators. Why other than incompetence would it take three and five years to move these matters forward? Also, can someone explain to me why running a horse for "an unlicensed participant" is not a serious matter?
Sharla Rae Sanders More than 1 year ago
You have got to be kidding me? The arbitrary decisions of the NY Gaming Commission are a joke!! When will there be a "real" ruling body in NY without an agenda??! Unbelievable, and yet not!
Pete Sundar More than 1 year ago
Does anyone know of any other stewards in ANY jurisdiction, which is..... WORSE that the current lot we are cursed with ?? This horse lawyer Karen murphy, sure seems to have a monopoly representing ( accused ) cheaters, doesn't she ??
Pagani Zonda More than 1 year ago
CHRB have stewards that close their eyes during races....
Nathan More than 1 year ago
"prosecuting current cases". what current cases? explain.