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General Category => Ask the Experts => Topic started by: asfufh on August 16, 2006, 08:47:52 AM

Title: Owner sues trainer for drug positive/purse takeback
Post by: asfufh on August 16, 2006, 08:47:52 AM
If this suit is successful,it appears this trainer will be held responsible for drug-related purse takeback.....may start a trend. Of course, they have to get caught first.
http://www.thoroughbredtimes.com/todaysnews/newsview.asp?recno=65779&subsec=1
Title: Re: Owner sues trainer for drug positive/purse takeback
Post by: razzle on August 16, 2006, 09:43:53 AM
asfufh,

Thanks for another interesting post with article site.  One has to wonder why these kinds of suits aren\'t more common, maybe they will be with more positive findings.  Maybe, also, it\'ll yield something helpful, or a template for other owners which could chill the druggie action.

I know nothing about Klein, but have to wonder, had Dyna not been caught, and Machowsky admitted to Klein the use of an illegal drug in the win, would Klein have voluntarily forfeited the money?  OK, so I\'m asking too much...
Title: Re: Owner sues trainer for drug positive/purse takeback
Post by: 1st time lasix on August 16, 2006, 11:17:19 AM
Anything that will put fear in the trainers and burn the cheaters!
Title: Re: Owner sues trainer for drug positive/purse takeback
Post by: marcus on August 16, 2006, 11:45:01 AM
thanks , that was an interesting ...
assuming insurance companies are involved , maybe as a result of the suit  , they\'ll eventually be the ones to take down some of these juice turkeys juice with astromomical premiums or refused coverage . in the meanwhile - i\'ll keep my head-on , advil and alka-seltzer handy ...  
Title: Re: Owner sues trainer for drug positive/purse takeback
Post by: bobphilo on August 16, 2006, 02:16:02 PM
As a long time believer that the legal system offers the best chance at getting the juicers, I was delighted when I first read this.
In legal terms, however, I think it will be a hard case for the owner to win unless he can prove that his horse would have won without being given the performance enhancing substance. At best the trainer can be held accountable for making it impossible for the owner to keep the purse by his disqualifying action, but unfortunately, at best will be liable for a much smaller settlement.

Bob
Title: Re: Owner sues trainer for drug positive/purse takeback
Post by: Boscar Obarra on August 16, 2006, 07:05:00 PM
  I personally favor the following penalty for proven juicers, and I think it most appropriate.

   Perform the needed surgery and  put a \"g.\" next to thier names in the program.

    For any ladies that might get caught, I\'ll have to think it over.
Title: Re: Owner sues trainer for drug positive/purse takeback
Post by: Barry Irwin on August 17, 2006, 09:42:14 AM
Prediction: based on the principle that something\'s gotta give, I say one of two things will occur within 5 years--

     a) ALL drugs, medications, whatever will be banned.

     b) the sport will fade into oblivion.

And I further predict that it could go either way.
Title: Re: Owner sues trainer for drug positive/purse takeback
Post by: marcus on August 17, 2006, 11:38:55 AM
Barry - I hope that last prediction was your best one , the way this season has kind have gone for racing so far  , if this was boxing - racing would have gotten knocked down at least twice ( not in the same round ) and would have got a  standing eight count after either Preakness or Belmont  . I\'m getting the impression that this is the constant state of racing and I guess if there wern\'t problems like this , there wouldn\'t be racing either - sort of ...
Title: Re: Owner sues trainer for drug positive/purse takeback
Post by: sighthound on August 18, 2006, 08:49:43 PM
Read the whole thing.

www.drf.com/news/article/77686.html

Trainers who are \"regretfully\" suspended.
Owners who don\'t fire their trainers, but sue them.

I love this sport, and I\'m fed up with it.

Title: Asmussen Defense
Post by: BitPlayer on August 24, 2006, 10:27:13 AM
Sighthound -

Thanks for posting this.  I would have missed it.  I love Asmussen\'s defense: \"I ordered the UNdetectable illegal injections.\"
Title: Re: Asmussen Defense
Post by: bobphilo on August 24, 2006, 02:16:17 PM
BitPlayer Wrote:
-------------------------------------------------------
> Sighthound -
>
> Thanks for posting this.  I would have missed it.
> I love Asmussen\'s defense: \"I ordered the
> UNdetectable illegal injections.\"

If Asmussen thought that was going to fly, his stupidly is
second only to his arrogance.
This reminds me of a skit Steve Martin once did on a TV special back in the \'70\'s where he played a high school kid who thought he\'d become invisible, so of course, he snuck into the girl\'s locker room. When he was caught, he
insisted, \"No, I\'m supposed to be invisible. You can\'t possibly see me
here, so I\'m innocent\".
They ought to ban this clown - and I don\'t mean Steve Martin.

Bob



Title: Re: Asmussen Defense
Post by: miff on August 24, 2006, 02:49:39 PM
No one said ASS-mussen is too bright so why the surprise? He is still facing another 6 months in New Mexico.He is fortunate that Blasi is doing well and the owners are staying, so far.
Title: Re: Owner sues trainer for drug positive/purse takeback
Post by: Michael D. on August 24, 2006, 03:00:45 PM
\"Because No End in Sight was a badly beaten favorite, stewards at Evangeline ordered postrace blood and urine samples.\"


so if the horse does what it\'s supposed to, they never find the positive?



\"Asked to elaborate on how the commission arrived at Asmussen\'s six-month suspension - the minimum for a Class 2 violation under recommended penalties - Wright (chairman of the Louisiana commission) said, \"I guess it just comes down to a question of credibility,\" adding that members of the Louisiana commission believed Asmussen to be an \"honest, straightforward man.\"


holy crap.





Title: Re: Owner sues trainer for drug positive/purse takeback
Post by: Chuckles_the_Clown2 on August 24, 2006, 09:41:42 PM
The great irony is that most of the successful trainers are doing it. As a matter of fact both Pletcher and Dutrow have had positives for mepivacaine within the last year or so. (Illegal race day...legal to get a horse over some pain. Barbaro may be on it.) I\'m relying upon memory regarding the other positives, so anyone doubting that will have to look it up.

Not sure Asmussen can be pinned down with the statements I see attributed to him here. He needs to serve his time, but he\'s far from the only cheater.

Theres been some progress in breaking up these trainers \"opium den\", but it needs to continue. I can think of about a dozen big trainers that need drummed out of the game. The ones mentioned here included.

Michael D. Wrote:
-------------------------------------------------------
> \"Because No End in Sight was a badly beaten
> favorite, stewards at Evangeline ordered postrace
> blood and urine samples.\"
>
>
> so if the horse does what it\'s supposed to, they
> never find the positive?
>
>
>
> \"Asked to elaborate on how the commission arrived
> at Asmussen\'s six-month suspension - the minimum
> for a Class 2 violation under recommended
> penalties - Wright (chairman of the Louisiana
> commission) said, \"I guess it just comes down to a
> question of credibility,\" adding that members of
> the Louisiana commission believed Asmussen to be
> an \"honest, straightforward man.\"
>
>
> holy crap.
>
>
>
>
>
>
>
>
>
>


Title: Re: Owner sues trainer for drug positive/purse takeback
Post by: bobphilo on August 25, 2006, 09:39:32 AM
Chuckles,

In the article you will see that Asmussen, indeed admitted to asking the vet to inject his horse with 2 drugs that are illegal, though he claims he didn't know this. We're supposed to believe that a major trainer doesn't even bother to find out whether a substance is legal. Even giving him the benefit of the doubt, he is responsible for knowing both the effects and legality of the drugs he is giving his horses.
Aside from the legal issue, anyone giving a sore horse potent painkillers or nerve blocks that greatly increase the chances of a catastrophic breakdown is a menace to every horse and rider in that race. That is why a zero-tolerance policy is needed and that is the source of much of the rage rightly directed at these cheats.
The fact that an illegal practice is widespread makes it no less illegal or immoral. The only reason that Asmussen's suspension seems harsh to some is that these matters have been treated too lightly in the past. Stricter penalties have to begin somewhere and this is at least a start, albeit still too lenient, in my opinion.
I agree that these efforts have to continue until the major offenders are banned from the sport for good.

Bob
Title: Re: Owner sues trainer for drug positive/purse takeback
Post by: sighthound on August 25, 2006, 03:41:01 PM
>> In the article you will see that Asmussen, indeed admitted to asking the vet >>to inject his horse with 2 drugs that are illegal, though he claims he didn't >>know this. We're supposed to believe that a major trainer doesn't even bother >>to find out whether a substance is legal.

This might be his Eclipse Award year, hum?

And the vet says \"I would never do that, I know it\'s illegal\", \"The client was billed for the two illegal injections, must have been administrative error\", \"We no longer do Mr. Asmussens track work\".

I\'m a vet, and this just sickens me.  I would have loved to do track work, but I was warned my success would be intimately tied to my ethical values.

Everybody involved can express shock and surprise, shaking their head and wonder aloud how in the world the horse could possibly have come up positive, no, they have no idea - ignorance is bliss, no?