Ness files Pennsylvania suspension appeal, requests a stay

Jamie Ness, one of the most prolific trainers in the U.S., will appeal a six-month suspension he was recently issued by Pennsylvania stewards after one of his horses tested positive for a hallucinogenic substance that is known to be a feed contaminant, his attorney said on Monday.

Crabs N Beer, trained by Ness, tested positive for the naturally occurring substance bufotenine after winning a race at Parx racetrack on Feb. 23, according to a ruling provided by Ness’s attorney, Drew Mollica. Bufotenine is a Schedule 1 substance in the U.S. It is found in the skin excretions of some toad species and appears in some grasses.

Ness is scheduled to begin the 180-day suspension on Aug. 28, but Mollica said on Monday that an appeal of the ruling and a request for a stay will be filed by the end of the day. Trainers are typically granted stays of suspensions on appeal.

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Mollica said that Ness did not administer the substance to the horse and that he suspects the horse ingested hay that was contaminated by the substance. He also said that current model rules require any positive for bufotenine found in urine to be dismissed, but that regulators only pulled a blood sample from Crabs N Beer after the 3-year-old gelding won the Feb. 23 race.

“This is craziness,” Mollica said. “It’s supposed to get thrown out if found in urine, but we don’t have a urine sample.”

Under draft rules from the Horseracing Integrity and Safety Authority, bufotenine was listed as a “specified substance,” a definition which requires regulators to do additional testing and investigation before issuing a notice of violation. The specified substance list generally contains known contaminants.

For his career, Ness has trained 3,705 winners from 14,910 starters, with total purse earnings of $69.5 million.