Federal prosecutors wrap up case against Giannelli
NEW YORK, N.Y. - Federal prosecutors called their final witnesses on Tuesday at the trial in New York of an equine supplements distributor charged with adulterating and misbranding drugs.
The end of the government's case sets the stage for what could be the trial's climax: the testimony of the defendant, Lisa Giannelli, in her own defense. The trial resumes on Wednesday.
The government's witnesses Tuesday included Adrienne Hall, a harness trainer who also testified several months ago against a veterinarian, Seth Fishman, who was Giannelli’s employer, and a retired special investigator with the Pennsylvania Horse Racing Commission. Fishman was convicted in a jury trial held earlier this year.
Hall testified that after first reaching out to Giannelli, she sent Fishman a text saying that she wanted to know if he could help her come up with "pre-race options" for a horse she had just acquired.
On cross-examination, Hall was quizzed about her deal with prosecutors in which she agreed to testify in exchange for a non-prosecution agreement.
"I was committed to help regardless of signing an agreement or not," Hall told Giannelli's attorney, Louis Fasulo.
She said she was testifying "because I believe this will help the sport, it will help the horses and we really need that today."
"You care about the integrity of racing?" Fasulo asked.
"Very," Hall replied.
"You were part of the problem and now you're the remedy?" Fasulo said.
Hall insisted she wanted the sport to change.
"I bought two bottles of VO2 Max from Lisa Ranger," Hall told the jury of eight men and four women.
Hall testified the sale took place in 2019 and that she knew Giannelli at the time by her married name.
Prosecutors have described VO2 Max as an adulterated and misbranded PED designed to help a horse breathe.
They showed the jury a June 2019 invoice for two bottles of VO2 Max and the $158 price. The return address on the invoice was Giannelli's home.
At another point, Fasulo seized on Hall's answer to a question in which she denied using PEDs out of greed.
In fact, she lost money, she testified.
"You did it to lose money?" Fasulo said.
"I did it to keep my horses," she said.
The Pennsylvania investigator who testified was Rita Noblett, who retired in 2021.
She said contraband medications were seized from trainer Silvio Martin during a search of his pick-up truck that took place in February 2020 at Parx Racing, a racetrack outside of Philadelphia.
"He was coming through the gate, and I asked him to pull over," she testified.
She said the substances were Banamine, Butaject, and Dexium. Also seized were syringes and needles.
The medications were contraband, prosecutors alleged, because the bottles had no prescription labels.
Prosecutors said the bottles were found in a box with a shipping label addressed to Fishman at Giannelli's address in Delaware.
Noblett testified it took her days to reach Martin to interview him.
"I tried to get a hold of him numerous times," she told the jury. "He never responded.”
She said when she finally spoke to Martin, he said Fishman was his veterinarian at his private farm.
Noblett testified she thought it was odd that Fishman, who was from Florida, was the vet for Martin's farm in Pennsylvania.
"It didn't make sense to me," she testified.
On cross-examination, the witness testified that Martin's private farm would not have fallen under the jurisdiction of the Pennsylvania Racing Commission.
- additional reporting by Bill Finley