Yikes - ATR Live

[Echo Farm]

Expect more discussion on this. Jason Levine mentioned the link on Equidaily to the show archives this morning on his show.

(sometime during the last 15 minutes of his show) Jason's archives aren't up yet http://www.racingjason.com/

Equidaily:

Wow! AUDIO: One-time Rick Dutrow vet Dr Steve Allday on Friday's 'At the Races' radio program comments on Dutrow's most recent suspension: "Rick likes to cheat... Rick is a bad guy. He's bad for racing." [interview approx 45 min into 'Hour 1']

Friday's show was great, by the way.

[Riot]

Well, Steve, looks like Dr. Allday is increasing your audience numbers - have you yet contacted Dutrow's camp, and given them the option to have a statement read, or have someone appear on your show? Or at least to say, "No comment" ?

[Scav]

Steve, stop apologizing to these people that don't have a clue. They are asking you to go above and beyond in a situation that you handled PERFECTLY, especially given the strict guidlines that you have been put on by Sirius, 95% of these people yapping would have dropped their jaw like I did and would have had a fat tongue and just been silent but you keep the flow.

Also, if you need round the clock surveillance, I can be there in 12 hours

[geeker2]

I can see it now -

Dateline - NBC " To Catch a Cheater" staring Steve Byk.

[Scav]

Originally Posted by Cardus

After listening to the segment, I dusted off my Times v. Sullivan. I suspect you know it front and back.

Can you give a quick overview? feeling lazy today and don't want to look it up on the net

[HaloWishingwell]

Originally Posted by Kasept

I disagree that there was more to be gained by pressing the situation for further revelations. I'll repeat again that Sirius has been clear with us that they will not be tolerant of another potential lawsuit. Dr. Allday has been the featured vet for the weekly 'Horse Health Today' segment from before I started on the show, and will come on whenever asked. I think after interviewing him on more than 75 occasions, I believe have a good feel for what buttons I can push with him and which I can't. I have asked him on several occasions for clarifications of events which may have involved illegalities, and he answers with extreme caution.

You might want to note that comments like he made Friday would not come on that forum if he didn't have a certain comfort level with the show as a setting for his call. He will say exactly what he wants to say, and if I had to guess what his objective was Friday, I'd say it was to fuel further investigation into the Wild Desert affair specifically. Anything he said or alleged, he will back up with proof. He did offer his records to any authority that wants to see them...

There are few major barns that Dr. Allday has not worked with at one time or another. He works on all of the Pletcher horses.. As well as Dale Romans'. He has done work for Frankel. His comments regarding Frankel were related to him taking on the saddling responsibilities for Wild Desert in the Queen's Plate without knowing much about what was going on and that being slightly irresponsible on Bobby's part.

Appreciate you listening to the show and sharing your thoughts.

Well then Sirius needs to put a disclamer on their show that individuals that call not to make accusations without providing some proof. I can't see how Sirius doesn't allow you to question individuals that open a can of worms like Allday did on Friday. You didn't pry these claims out of him. He voluntarily gave them without prodding and I don't see what is Sirius fear of questioning when accusations are made like that. I can only see a lawsuit happening when they make these accusations on-air without cutting them off or without providing evidence. To me it was open season at that point and without proof it was slander anyway. Sure he said his records are open but as the listening public do we really know that? Unlike SCAV'S claims, I'm like others aren't here looking for apologies. It's just people who are either fans or just in this entertainment for betting purposes who like an insider's view of what is happening to this sport or their betting money. Sorry but Dr. Allday worked for two guys in Dutrow and Frankel that are suspected or charged of illegal activity and now works for Todd Pletcher who has had his shares of problems and allegations. So what's not to say Dr.Allday is not part of the problem as well and it might be sour grapes attack on Dutrow.Thanks again.

[Cannon Shell]

Originally Posted by HaloWishingwell

Well then Sirius needs to put a disclamer on their show that individuals that call not to make accusations without providing some proof. I can't see how Sirius doesn't allow you to question individuals that open a can of worms like Allday did on Friday. You didn't pry these claims out of him. He voluntarily gave them without prodding and I don't see what is Sirius fear of questioning when accusations are made like that. I can only see a lawsuit happening when they make these accusations on-air without cutting them off or without providing evidence. To me it was open season at that point and without proof it was slander anyway. Sure he said his records are open but as the listening public do we really know that? Unlike SCAV'S claims, I'm like others aren't here looking for apologies. It's just people who are either fans or just in this entertainment for betting purposes who like an insider's view of what is happening to this sport or their betting money. Sorry but Dr. Allday worked for two guys in Dutrow and Frankel that are suspected or charged of illegal activity and now works for Todd Pletcher who has had his shares of problems and allegations. So what's not to say Dr.Allday is not part of the problem as well and it might be sour grapes attack on Dutrow.Thanks again.

Why the RED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I'm pretty sure Sirius doesn't give a damn what Steve talks about as long as it doesn't cost them money defending themselves in court.

[Riot]

Sorry but Dr. Allday worked for two guys in Dutrow and Frankel that are suspected or charged of illegal activity and now works for Todd Pletcher who has had his shares of problems and allegations.

Can you list Pletcher's problems, please?

I'm not interested in the allegations. Just the positives.

[Riot]

Why the RED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Isn't it comforting to know you are not color blind?

[Cannon Shell]

Originally Posted by Riot

Isn't it comforting to know you are not color blind?

I'm like a bull....red makes me crazy...

[HaloWishingwell]

Originally Posted by Riot

Can you list Pletcher's problems, please?

I'm not interested in the allegations. Just the positives.

He served 45 days for a banned substance he used up in Saratoga which is ironic. Saratoga being where three horses died on him in the same meet including LEFT BANK. Here's the banned substance story below.

http://news.bloodhorse.com/viewstory.asp?id=31402

[Nascar1966]

Originally Posted by 10 pnt move up

Dont you think there is a good old boy type feeling amongst most people in the industry that allows this to go on? Its almost like you have to keep the secret or chance getting black balled out of the sport, if thats what its called. Honestly anyone who wagers serious money on this sport, especially after hearing that should have their head examined.

This is why im not crazy enough to wager the big bucks, crooks like Biancone and Dutrow make you wonder if it actually an even playing field for everyone.

[FGFan]

Originally Posted by Riot

Isn't it comforting to know you are not color blind?

LOL...

But yeah, why the red, it's disconcerting. And CS is going to go crazy and charge.

Riot, since you brought it up regarding vet disclosure which I completely understand, does this situation present any difficulties for Dr. Allday?
I haven't listened to the show yet, am anxious to do so, hopefully today.

[10 pnt move up]

Originally Posted by Cardus

It is the 1964 Supreme Court decision that sets the federal standard for defamation, be it libel (fixed medium, like print) or slander (spoken).

It established that for someone who is judged to be a "public figure" or "limited public figure" -- the status to which Dutrow would be assigned -- to be defamed, there must be "acutal malice" or a reckless disregard for the truth by the potential defamer. The fact that something is true is called an absolute defense against defamation.

It came out of the Alabama court system. A county official sued the New York Times, but the court decided that the New York Times had not violated the standards it set forth.

I did not want to get into an argument with the operator of the board so I let it go but there is no way the radio station could be held liable for a radio interview in which claims like these were made, now maybe allday could but not the radio station, or a television station or a newspaper.

[ArlJim78]

Originally Posted by 10 pnt move up

I did not want to get into an argument with the operator of the board so I let it go but there is no way the radio station could be held liable for a radio interview in which claims like these were made, now maybe allday could but not the radio station, or a television station or a newspaper.

steve has said that sirius made it clear that they do not want any lawsuits.
you're suggesting he should just ignore those instructions because you are so confident? maybe you are correct that they wouldn't be held liable, but I believe their goal is to not have to put it to the test. its amazing how much free expert advice steve gets here, about what he should do or say on HIS radio show.

[Cannon Shell]

Originally Posted by ArlJim78

steve has said that sirius made it clear that they do not want any lawsuits.
you're suggesting he should just ignore those instructions because you are so confident? maybe you are correct that they wouldn't be held liable, but I believe their goal is to not have to put it to the test. its amazing how much free expert advice steve gets here, about what he should do or say on HIS radio show.

Exactly. It is not a matter of right or wrong. It is a pretty small radio show on a pretty big network trying not to make waves as per the big network's instructions.

[FGFan]

Originally Posted by ArlJim78

steve has said that sirius made it clear that they do not want any lawsuits.
you're suggesting he should just ignore those instructions because you are so confident? maybe you are correct that they wouldn't be held liable, but I believe their goal is to not have to put it to the test. its amazing how much free expert advice steve gets here, about what he should do or say on HIS radio show.

Well said, it was what I was thinking.

[Riot]

He served 45 days for a banned substance he used up in Saratoga which is ironic.

He served 45 days for a mepivicaine positive. That's is not a "banned" substance (as cobra venom is a banned substance), mepivicaine can be and is used commonly in horses, however it cannot be administered within 7 days of a race. The level of positive found in the case in question has subsequently been allowed by the jurisdiction in question. Meaning, the jursidiction has later changed their allowable levels of mepivicaine to include the level at which Pletcher's level was deemed a positive.

It was a positive, it was upheld, he took his days.

You wrote: "Pletcher, who has had his shares of problems and allegations".

So, in Pletcher's very long training career, considering the hundreds of horses that have passed through his various barns under his and his assistants hands, what other "shares of problems" has he had?

Or is the above the only one?

Saratoga being where three horses died on him in the same meet including LEFT BANK.

Allegations are a dime a dozen. Do you rank allegations as equal with found positives?

[Riot]

Riot, since you brought it up regarding vet disclosure which I completely understand, does this situation present any difficulties for Dr. Allday?

There is no law within the veterinary practice act of Kentucky directly prohibiting a licensee from talking about clients, former clients or their animals and their health concerns.

From a standpoint of someone desiring to sue him for his public statements, or file a complaint with his state veterinary licensure board regarding his public conduct, revealing of privileged medical information as an ethical violation, etc., he's on his own.

Edit: obviously he feels supremely confident that will not be a concern

[Kasept]

Originally Posted by 10 pnt move up

I did not want to get into an argument with the operator of the board so I let it go but there is no way the radio station could be held liable for a radio interview in which claims like these were made, now maybe allday could but not the radio station, or a television station or a newspaper.

It's not of question of winning such a confrontation.. It's a question of trying to avoid what is involved in such an entanglement. We do not have the financial resources to engage in legal disputes of this nature, and Sirius isn't interested in a show like ours creating those headaches for them.

Why is this so difficult for anyone to understand? There have been two prior incidents and it's been made clear to me by my associate John Perrotta, and by Sirius, that we can't afford a third.