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  #1  
Old 10-23-2012, 01:45 PM
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Default Dutrow loses appeal

http://www.drf.com/news/new-york-cou...eal-suspension
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  #2  
Old 10-23-2012, 02:44 PM
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Calzone Lord Calzone Lord is offline
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How many appeals does he have?

In the old days, trainers could be ruled off the track on a whim if the racing association felt it was in the best interest to do so.

John Veitch's grandfather was ruled off for a year or two after some shady happenings with one of his steeple chase horses at Belmont.
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  #3  
Old 10-23-2012, 02:53 PM
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many, im thinking..and he continues to be able to run and win..steve would know more about this..
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  #4  
Old 10-23-2012, 03:46 PM
parsixfarms parsixfarms is offline
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He'll have one more shot to get the New York Court of Appeals to hear the case (very much a longshot). From the article, it sounds as if the current stay would be lifted once all state court appeal options are exhausted. That should occur by year end.

I suppose he could seek to collaterally attack the state court rulings in federal court, but that also would be a longshot. In addition, federal courts are generally less likely to grant an injunction to preserve the status quo during the pendency of any federal court proceeding than their state court counterparts would be. In other words, he would probably have to pursue any federal court remedies while not training.
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  #5  
Old 10-23-2012, 03:54 PM
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Quote:
Originally Posted by parsixfarms View Post
He'll have one more shot to get the New York Court of Appeals to hear the case (very much a longshot). From the article, it sounds as if the current stay would be lifted once all state court appeal options are exhausted. That should occur by year end.

I suppose he could seek to collaterally attack the state court rulings in federal court, but that also would be a longshot. In addition, federal courts are generally less likely to grant an injunction to preserve the status quo during the pendency of any federal court proceeding than their state court counterparts would be. In other words, he would probably have to pursue any federal court remedies while not training.
This is a very correct list of his options at this point. The Court of Appeals hears a very small percentage of cases that they are requested to hear. The conflict issue is interesting and may give him a better chance than most, but his chances of actually getting his case before the Court of Appeals are very small. The end of the road is near.
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  #6  
Old 10-23-2012, 04:15 PM
Rupert Pupkin Rupert Pupkin is offline
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I'm probably in the minority but I feel the punishment is somewhat unfair. It just seems so arbitrary. Biancone only got a year for the snake venom. The snake venom seems a lot worse to me. I wouldn't have a problem if they gave Dutrow 2 or 3 years but 10 years seems extreme.

In general, I think most of the penalties given are way too light. I want them to get stricter and hand down more severe penalties but this just seems way too extreme and arbitrary. I think there are plenty of guys out there who are just as bad, if not worse than Dutrow. For example, how many violations does Asmussen have compared to Dutrow? Is Asmussen going to get 10 years the next time he has a positive test? I highly doubt it. He will probably get 60 days or something like that.

If Dutrow gets 10 years, that is probably the end of his career. If he used some totally banned substance I wouldn't have a problem with it. If they gave someone 10 years for EPO or snake venom, I wouldn't have any problem with that.

Last edited by Rupert Pupkin : 10-23-2012 at 04:40 PM.
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Old 10-23-2012, 04:11 PM
freddymo freddymo is offline
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  #8  
Old 10-24-2012, 02:14 AM
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  #9  
Old 01-08-2013, 12:07 PM
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New York State Court of Appeals denies Dutrow's motion for leave to appeal (meaning they do not find that he has grounds to an appeal)..
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Old 01-08-2013, 12:26 PM
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Matt Hegarty ‏@DRFHegarty: Dutrow attorney Micheal Koenig, on whether Dutrow will appeal in fed court: "We are considering all options."
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  #11  
Old 01-08-2013, 01:14 PM
freddymo freddymo is offline
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I hope he appeals and a Federal Court grants a stay.
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  #12  
Old 01-08-2013, 01:50 PM
Danzig Danzig is offline
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Quote:
Originally Posted by freddymo View Post
I hope he appeals and a Federal Court grants a stay.
why?
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  #13  
Old 01-09-2013, 09:25 AM
freddymo freddymo is offline
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Quote:
Originally Posted by Danzig View Post
why?
Tremendous trainer no worse then The Pletcher's of the world.
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  #14  
Old 01-09-2013, 11:29 AM
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Quote:
Originally Posted by freddymo View Post
I hope he appeals and a Federal Court grants a stay.
From Twitter:
David Grening ‏@DRFGrening-Rick Dutrow's 3 runners entered today at AQU will be permitted to run. Dutrow said this a.m. he plans to seek federal injunction Thursday.

David Grening ‏@DRFGrening -More Dutrow: "I will not give up. There's no way I'm going to give up."
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