Harness: Judge overturns Charlie May's 2021 Meadowlands Pace disqualification
Following a lengthy legal battle, New Jersey Administrative Law Judge Andrew M. Baron has ruled that Charlie May should be reinstated as the winner of the 2021 Meadowlands Pace.
Charlie May crossed the wire first in the event, which was conducted during the midst of heavy rain and a sloppy track, but was deemed to have caused interference to several horses while on a brief break racing to three-quarters and was placed ninth, elevating Lawless Shadow from second to the win.
Baron's ruling was based on two factors, one, "that the appeal conducted by the track side judges was flawed, in that it was rushed, due in part to the race being broadcast to a national television audience on Fox Sports, and, among other things, they failed to follow protocols, including but not limited to conducting interviews with several of the parties involved in the race prior to determining that Charlie May should be disqualified.
"With such a large purse at stake, as well as eligibility for an even larger purse through automatic entry in another out of state race, I find the outcome of the short track side appeal, which was upheld by the State Racing Commission, was anything but thorough, was arbitrary and capricious and fatally flawed."
► Sign up for our FREE DRF Harness Digest Newsletter
Secondly, Baron found that a conflict of interest between presiding judge Peter Koch and his wife's role in a staking company should have led to Koch recusing himself from any involvement in the proceedings. Baron wrote, "Though [Koch] stated during his testimony that he was unaware of this situation until after the race dispute was decided, it strains credibility and common sense that he was completely unaware her company had an interest in other horses who were racing that day. Once the outcome of the race was called into question, the proper course of action should have been for Mr. Koch to recuse himself as a race judge.
"He chose not to, and as a result, while I am unable to completely disregard his expert and factual testimony, I do conclude that he could have and should have known that recusal in this situation was the only proper course of action for him, and as such, his credibility as a witness must be called into question, regardless of and especially due to his years of experience in the industry. Simply put: He should have stepped aside."
Baron's ruling now goes to the New Jersey Racing Commission for consideration. Additional reporting by the USTA's communications department says that the matter will be taken up at the NJRC's meeting on March 22, 2023.
The full text of the ruling is available here.