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By Wandering Eyes · Posted
Trainer Murray Rojas spent nearly a decade fighting equine drug misbranding charges stemming from a years-long federal investigation of horsemen and veterinarians at Penn National Race Course. While other similarly indicted co-defendants opted for plea-bargain deals, Rojas maintained her innocence even through an ordeal that she said “wrecked” her career. In 2021 she took her case all the way to the United States Supreme Court, where her perseverance resulted in the overturning of a 27-month prison sentence and the vacating of all charges against her. Rojas has since regained her previously revoked licensure to train Thoroughbreds in Pennsylvania, Maryland, Delaware, West Virginia and Arizona. On Tuesday, she wanted to add Kentucky to the list of states where she can legally ply her trade. But after facing an intense round of questioning and testimony via videoconference by the Kentucky Horse Racing and Gaming Corporation (KHRGC)'s license review committee, Rojas instead ended up withdrawing her request for a Kentucky training license. Rojas made that decision after the chair of that committee, Gregory Harbut, told her after the board emerged from closed-session deliberations that if she didn't choose to withdraw her license request, the committee's vote would “almost certainly result in the denial of this application.” Rojas didn't participate in the Dec. 4 hearing accompanied by an attorney. But she did understand the legal ramifications that were explained to her–namely, that if the KHRGC put a license denial on her record, it would jeopardize Rojas's ability to continue training in other states that had already granted her licenses. “I don't want a denial on my record,” Rojas said. But, Rojas added, “I would like to reapply with my lawyer next to me to do this. Because, obviously, I didn't answer right, and I'm not really sure why you would prove me guilty when I'm not guilty of anything.” Earlier in Tuesday's hearing, Rojas had expressed frustration at the license review board's line of questioning, which had included numerous repetitive queries, such as, “Why do you think you are here today?” “Tell us why you're here.” “What brings us to this process?” (The occasional poor quality of the livestream audio and the wide-angle placement of the camera in a conference room made it difficult for TDN to ascertain at times exactly which KHRGC license review committee members were speaking. Beyond chair Harbut, the other members on Tuesday were Paul Brooker, Michael Dudgeon, Jamie Eads and Shannon Garner). At one point, Rojas was admonished by a committee member, “It's important that you answer the questions that we ask truthfully.” Rojas was also reminded several times that, “This is not a criminal procedure, so you don't have to worry about double jeopardy.” But, Rojas said, that's exactly how she felt, stating to the committee with exasperation, “You're trying to convict me again.” In July 2017, Rojas was found guilty on 14 of 21 counts of misbranding prescription drugs, charges that were brought against her as part of a Federal Bureau of Investigation inquiry into alleged equine drug administration at Penn National. She was found not guilty on seven counts of wire fraud. As the Paulick Report wrote in a 2022 chronology of her case, “Rojas was accused of having veterinarians administer medications to horses within 24 hours of a race in violation of state regulations. Veterinarians who testified in the case say they also falsified dates of the treatments in records submitted to regulators. The practice, according to testimony given during the trial, was widespread at Penn National.” Sentenced to 27 months in federal prison, Rojas initially lost on appeal. But Rojas petitioned the Supreme Court to hear the case, where, according to the Paulick Report, her legal team argued that “the trial judge and appellate court erred in their definition of misbranding in both jury instructions and in the appeal. Specifically, they said, the judge failed to instruct the jury properly on the distinction between 'administering' drugs and 'dispensing' them and that the government failed to prove that Rojas 'dispensed' the drugs to her horses.” At the Dec. 4, 2024 hearing for her Kentucky license, Rojas told committee members, “I don't really know what to say other than all my charges were dropped by the Supreme Court. They overturned the federal government on all the charges [and] I've raced [as a licensed trainer since 2023 in other states] without a problem.” Rojas told the committee members that the conviction “totally wrecked my career. It wrecked my business. It broke me, obviously, paying lawyer's fees. I had the National Horsemen's Benevolent and Protective Association backing me. They paid half my fees, because it was such a fake charge. I had the Cato Institute backing me with the Supreme Court. I've been backed by great people that know that I am innocent, so I feel like I shouldn't have to fight for this anymore.” One license review committee member reminded Rojas that that her co-defendants had either all pleaded guilty or were proven guilty at trials. “I'd like you to tell us what you did. It's a pretty serious deal,” the committee member said. “It was really a serious deal in my life,” Rojas agreed. “I spent nine years fighting for my rights. I didn't take a 'deal.' All the other trainers took a guilty plea. I did not. I didn't do anything wrong. I'm not going to say I did anything wrong, because I didn't. What I was convicted on was misbranding, which was a completely false charge [because I was following the advice of] a veterinarian. I've used no illegal drugs, at all, ever.” “Then why did they convict you?” asked a committee member. “They convicted me because they didn't understand the charges,” Rojas responded. “Misbranding is such a far-fetched idea that [the jury] had no idea what it meant. It was a 14-day trial,” Rojas continued. “The jurors were falling asleep. The judge fell asleep. It was a crazy trial.” During Tuesday's hearing, two other individuals were also seeking to be relicensed by the KHRGC after various sanctions had been imposed against them. The committee took testimony for nearly an hour total to cover all three cases, then deliberated in private for about 45 minutes before returning to a public session to vote on the applications. Only in Rojas's case did the board suggest the withdrawal of the application. The KHRGC committee voted unanimously to approve licenses for Cody Axmaker and Troy Wismer. In 2022, Monmouth Park stewards had penalized Axmaker with a two-year suspension and a $5,000 fine after one of his horses died from an accidental overdose of clenbuterol from an apparently mislabeled container. Wismer, according to testimony at the hearing and from online Kentucky court records, had been convicted this past May of seven felony charges (strangulation, assault, domestic violence, violation of a protective order, burglary, robbery and evading police) stemming from his role in a 2023 altercation at Churchill Downs on GI Kentucky Derby Day and a series of related violent incidents that spilled over to the home of his ex-wife. Wismer told the KHRGC on Tuesday that he had pleaded guilty to the charges on the advice of his attorney so he could enter a court-approved diversion program that spared him most of the jail time. His relicensing was made conditional upon drug and alcohol screenings. Within minutes of the adjournment of the license review committee hearing, the KHRGC removed the two public-session videos of Tuesday's proceedings from the organization's YouTube channel. The post Trainer Rojas, Cleared of Drug Charges by U.S. Supreme Court, Can’t Overcome Licensing Hurdle in Kentucky appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions. View the full article -
By Wandering Eyes · Posted
Winning has been a hallmark of Brittany Russell's training career. Since she opened her Maryland-based stable in 2018, she has been winning at a highly impressive 25% clip. But it's been Post Time who has taken her career to the next level. View the full article -
The Racing Integrity Board promotes and ensures compliance with high standards of integrity, animal welfare and professionalism by people in the racing industry. The Racing Integrity Board’s core functions are: Compliance and enforcement with racing rules and regulations Prohibited substances testing for animals and people Raceday veterinary services and monitoring racing code animal welfare policies and initiatives Adjudicative services -
By Wandering Eyes · Posted
The past week has been good to Mid Canterbury trainers Lynn and Justin Smith. On Saturday the Rakaia-based combo had a double with Beyond The Horizon and Lookslikeatrixter at Motukarara to bring up their 100th training success together and then yesterday they added to their total when Glance broke maidens with a four length win at Addington. “She always worked like she’d win a race but she hasn’t raced like that on race day until today,” Justin Smith told Harness Unhinged’s Nigel Armstrong post race. It was her 12th start since debuting at Akaroa in March. “She’s been a long work in progress and been in work a long time.” Glance started safely in the Book “Under The Mistletoe” at Addington 13 Dec Trot, and settled three back the fence with favourite Bluey setting the pace. Smith then manouevred the five-year-old out at the 400. Bluey broke in the run home giving Glance a charmed run to the line. She paid $15 for the win. Bred and raced by the Smiths, Glance (Creatine) is the seventh of eight foals from their top race mare Some Direction. She won 25 from 167 starts and over $300K. Her other progeny to have been race winners are Kingdom Come (4), Look Ahead (1), Some Time (5), Take Notice (2) and Lookalike Lobell (1). “Her foals have been a bit different. She (Some Direction) was good from day one but the foals have taken a lot of work.” Some Direction (Sundon – Look) was the first winner the mother-son combo had as a training partnership. It was in Ashburton in 2004. After yesterday’s win they now have 101 wins, with Lynn also having 45 on her own account (1976-2004). View the full article -
By Wandering Eyes · Posted
Darwin jockey Wayne Davis endured mixed fortunes on his return from injury at Fannie Bay last Friday. Having made a welcome return from injury, Darwin jockey Wayne Davis is hoping for a smoother and more successful day in the saddle come Friday. Sidelined since May with a serious back injury, the popular 53-year-old made his first appearance back at a wet and muddy Fannie Bay last Friday, and it certainly proved eventful. After three rides where he finished unplaced, Davis was aboard the Phil Cole-trained Awesome Lad in the last race when the eight-year-old gelding started bucking and took no further competitive part in the event. “I was thinking that it was unlikely I was going to have a crash landing,” Davis said. “Awesome Lad is sensitive, he got ticklish and got a bit of a shock with the surface water. “It was just one of those things, he’s an experienced horse and I couldn’t see him doing it again.” Davis has four rides for Cole on Friday — Proklisi, Moorestown, Miss Polly and Fly Nice — as he strives for that first win since March 22, when he partnered Proklisi. Form suggests that Proklisi, Moorestown and Miss Polly are in the mix. After riding at Darwin’s ANZAC Day meeting, Davis fell from his mount during trackwork on May 4. The horse bucked and turned sharply to its right before dislodging Davis. Landing on his back, Davis was transported to Royal Darwin Hospital by ambulance. “Early days, I did wonder how the body would recover after fracturing my T11 vertebrae and five ribs,” Davis said. “The vertebrae has recovered extremely well, I’m feeling great. “There was also a lot of physiotherapy, I just needed time to heal. “I have been focussing on the fitness in the gym as well. “It also allowed the spine to recover as opposed to pushing it beyond its means.” Understandably, Davis was excited to make his comeback. He returned to trackwork some time ago before getting approval to return to race riding on November 21. “If anything, it was a relief,” he said. “I love what I do, especially when it’s your passion and your life. “It was great to get the eye back in and clean the pipes out, so to speak. “It would be good to get a win on Friday — get a score on the board.” Before the mishap in May, Davis was involved in a three-horse fall during the 2021 Darwin Cup Carnival and was dislodged during trackwork in late 2022 when a plover struck his horse. Another fall could draw the curtain on Davis’ career, which started 37 years ago in Victoria. “It’s like driving a car to the supermarket, you don’t premeditate something going wrong,” he said. “If you do, you shouldn’t be driving or riding. “If you start having thoughts like that, you’re second-guessing yourself and you’re not giving 100 per cent. “The aim is to be positive, not negative.” Horse racing news View the full article
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