Honey Creek Farms

Bill Mott’s nearly 3 1/2-year battle with the New York State Gaming Commission (NYSGC) over two alleged medication overages and the state’s failure to provide him with split samples to defend those allegations reached a regulatory conclusion Jan. 22. But the fight over testing principles is far from over, and will continue as a civil rights case in the court system, the Hall-of-Fame trainer’s attorney has vowed.

The NYSGC voted to concur with a hearing officer’s recommendation on Monday that Mott is responsible for an overage of the therapeutic drug flunixin (Banamine) in Saratoga Snacks (Tale of the Cat), who finished sixth and last at Belmont Park Sept. 20, 2014. But the hearing officer also deemed that Mott presented substantial evidence that he was not responsible for an improper third-party administration of furosemide (Lasix).

Yet based on the Banamine overage responsibility alone, the NYSGC voted to uphold the original 15-day suspension and $1,000 fine handed down by the Belmont stewards.

“We are infuriated at this travesty of justice,” Mott’s attorney, Andrew Mollica, said via phone after Monday’s NYSGC meeting. “Justice doesn’t always come fast, but we will continue to seek it in this case.”

Mollica spoke under the caveat that he has yet to read the full hearing officer’s report and NYSGC decision, and is going off of what he heard verbally at Monday’s NYSGC meeting.

“But to say the least, anyone who reads the transcript [of Mott’s seven-session series of hearings, which took nearly eight months to complete 2017] will see that this is a travesty of justice.”

When Mott initially attempted to obtain a split sample from New York’s contracted testing lab to have his own independent testing done, Mollica said he was not provided with one because the sample size was either inadequate or had been destroyed.

Mott initially sued NYSGC regulators in federal court over the alleged violation of his civil rights for being denied the opportunity to confront the overage evidence against him. Mollica said that federal case was dismissed, but not on merit–it was deemed to be a state, not federal, matter and was re-instituted in a New York court. The suit has remained active, but the court has been waiting on the NYSGC adjudication prior to letting it proceed.

Now that Mott’s penalties have been affirmed, Mollica said there is a court conference on Thursday to potentially allow the New York suit to move forward.

Previous published news stories have reported that Mott has spent six figures not only trying to clear his name, but to spare other trainers from being denied their own rights to due process when accused of medication violations.

In a way, Mollica said, Mott’s case has already helped other horsemen, as evidenced by the protocol change that started in November allowing horsemen at New York tracks to have the option of sending a “referee sample” to an independent lab to verify results in the event of a positive test. That program is primarily funded by the New York Thoroughbred Horsemen’s Association.

“Bill has put an inordinate amount of money, time and effort into not only protecting his rights, but the rights of all horsemen,” Mollica said. “The proof of the justice in our fight is that split testing is now available in New York for all horsemen. But the gaming commission wants to punish Bill Mott for something that they know is wrong, because they never would have instituted split sampling if they thought they didn’t have to. We forced their hand, but now they want to punish Bill. This is a disgrace.”

Blue-blooded Al Naifa (Aus) (Redoute’s Choice {Aus}), runner-up in a Moonee Valley 1000-metre affair on Dec. 8, donned cap and gown in her second start by 1 3/4 lengths for trainer Tony McEvoy at Sale on Sunday. Owner Sheikh Mohammed bin Khalifa al Maktoum purchased Al Naifa for a session-topping A$1.8 million during the opening session of the Inglis Easter Yearling Sale from the draft of Newhaven Park as lot 87. A half-sister to champion 2-year-old and 3-year-old filly English (Aus) (Encosta de Lago {Aus}), who also scored in the G1 All Aged S. after a runner-up performance in the G1 Golden Slipper, the $1.30 favourite jumped well as the barriers flew and soon dashed up to sit in a stalking second from Godolphin’s Nivalis (Aus) (Exceed And Excel {Aus}). Motoring up to the leader by the 400-metre marker, the blinkered bay powered clear, and, having established plenty of cushion, held off the closing duo of Gheedaa (Aus) (Hinchinbrook {Aus}) and Dramadale (Aus) (Real Saga {Aus}) for the victory. Nivalis was fourth.

“She took a lot out of that run at Moonee Valley and she was a real professional here today,” pilot Andrew Mallyon told Racing.com. She jumped well, she travelled really nicely behind the leader who was a bit of a bunny and even though in her work she’s waited for them a little bit, today she really put them away. I still had a kick in the locker, so she probably wouldn’t have taken any harm from the run and looks set for bigger and better things. I think she’ll derive even further benefit from today. Tony [McEvoy] has a huge opinion of her and I definitely think she’s justified that today with a lot of improvement to come and it will be nice to see where she ends up after she furnishes.”

“She’s a filly that’s always shown us a high amount of talent and today was just about giving her a good experience and trying to accumulate some prizemoney to try and get her into some of the better races,” said assistant trainer Michael Sheperdson.

RETIREMENT FUND (c, 3, Eskendereya-Northern Station, by Street Cry {Ire}) broke sharply from his rail draw to don cap and gown by 7 1/4 lengths over this track-and-trip Dec. 22, earning the “TDN Rising Star” nod in the process, and repeated that effort in his first try against winners Saturday. Drawn on the rail once again, the dark bay broke on top and cantered along through comfortable early fractions of :24.10 and :47.95. Showing the way into the lane, the $100,000 FTSAUG buy skipped home under a hand ride to register a facile two-length victory in 1:43.05. Dark Templar (Tapit) completed the exacta. Lifetime Record: 2-2-0-0.

O-L and N Racing; B-Tommy Town Thoroughbreds LLC (KY); T-Steve Asmussen.

The precautionary quarantine of Barn 44 at Belmont Park for Equine Herpesvirus-1 remains in place after a follow-up test has come back positive on one horse that had originally tested positive for EHV-1 last week. The affected horse, an unnamed, unraced 3-year-old male, had first tested positive for EHV-1 Tuesday, Jan. 9, after being sent to the Cornell Ruffian Equine Hospital near Belmont to be treated for a fever and mild respiratory issue. Since his release from the Ruffian Center, the horse has been quarantined in isolation at Belmont.

Throughout this process, the horse, trained by Linda Rice, has shown no neurological symptoms of the virus. All horses in Barn 44 have been and will continue to be monitored daily for fever and other signs of illness. Currently, all horses that had been exposed to the affected horse remain afebrile and asymptomatic. Congruent to the procedures presently in place, these horses will not be permitted to run or enter races through the duration of the quarantine. They will continue to train in isolation during special training hours following the normal closure of the Belmont training track.