CHRB lets stand My Italian Babbo victory

The California Horse Racing Board recently overturned a hearing officer’s proposed decision that would have altered the order of finish of a $71,510 race at Santa Anita in 2017 because the winning owner had been suspended.

My Italian Babbo, owned by Nick Cafarchia, won the eighth race on June 24, 2017, a day after Cafarchia failed to appear at a hearing regarding a financial complaint filed by a local horse farm. Cafarchia was suspended for being absent from the hearing. Despite the suspension, My Italian Babbo was allowed to race when racing board staff and stewards failed to notice Cafarchia had two runners entered on June 24.

At the time, the oversight was described by steward Kim Sawyer as “a perfect storm.” The stewards became aware that a Cafarchia-owned horse had raced on June 24 in the moments after My Italian Babbo’s win. In the ninth race that day, the Cafarchia-owned Radio Chatter finished eighth.

Cafarchia was restored to good standing on June 25 after fulfilling financial obligations of $3,442. He told racing officials at the time he was unaware that he was supposed to appear at the June 23 hearing.

In the days after My Italian Babbo’s win, the owners of the second- and third-place finishers filed a complaint with the racing board, arguing the winner should not have been allowed to start because Cafarchia was not in good standing.

A hearing in the case was held at Del Mar in September 2017. Last December, stewards Grant Baker and Sawyer voted to disqualify My Italian Babbo since Cafarchia was ineligible due to a suspended license. Steward Scott Chaney voted against disqualification.

Cafarchia appealed the decision with written arguments presented earlier this year to hearing officer Patrick Kane, who proposed a decision to uphold the stewards' ruling. In his decision, Kane concluded the stewards had correctly interpreted the law regarding the original disqualification.

But the racing board rejected Kane’s proposal by a 4-0 vote in an executive session at Del Mar on Aug. 23.

The racing board’s executive decision was similar to Chaney’s dissenting opinion last December, which, in part, argued that Cafarchia was unaware of the June 23 hearing, My Italian Babbo did not gain an unfair advantage by being allowed to race, and that Radio Chatter was allowed to race even though the stewards were aware that Cafarchia owned the horse before the ninth race began

Only four commissioners were present at the Aug. 23 meeting – chairman Chuck Winner, vice chair Madeline Auerbach, and commissioners Jesse Choper and Fred Maas – the minimum required to conduct a racing board meeting. Commissioners Arceli Ruano and Alex Solis did not attend the meeting. The racing board has six members, one member short of a full board.

My Italian Babbo later won the $147,000 California Dreamin’ Handicap at Del Mar in July 2017. My Italian Babbo has not raced since October and is currently residing on a farm. Trainer Richard Baltas said Sunday that My Italian Babbo may resume training later this year.