Mott Files Federal Suit Against New York Commission, Lab Dir
Apr 23, 2015 22:25:21 GMT -5
Post by Evelyn on Apr 23, 2015 22:25:21 GMT -5
I checked the JC database. Mott has had 3 fines for drug violations since 2004. Not a lot for someone who runs so many horses. His lawyer is right IMO.
Mott Files Federal Suit Against New York Commission, Lab Director Over Absent Split Sample
Natalie Voss
Paulick Report
Hall of Fame trainer Bill Mott has filed a lawsuit in federal court as he seeks to overturn a 15-day suspension he received after one of his horses, Saratoga Snacks, tested positive for overages of the therapeutic medications furosemide (Lasix/Salix) and flunixin (banamine).
Saratoga Snacks tested positive after finishing last in an allowance race at Belmont Park on Sept. 20, 2014.
The suit, which names ten New York State Gaming Commission members, state steward Stephen Lewandowski, and New York Drug Testing and Research Program director Dr. George Maylin, alleges that the state failed to allow Mott due process in appealing the suspension and that the trainer’s livelihood is suffering as a result of the state’s unfair actions. Mott claims that when he requested a split blood sample to challenge the positives, the commission officials forwarded a urine sample, which was “completely useless to serve as a referee sample, given that only the quantitative levels allegedly found in the post-race blood sample served as the basis upon which Mr. Mott received his violation.”
Mott attorney Andrew Mollica said Thursday his understanding is that urine samples are useful primarily to detect the presence or absence of a no-tolerance drug such as cocaine, not to determine the concentration of a therapeutic substance.
Dr. Steven Barker of Louisiana State University was asked to test the split sample and stated in an affidavit that he received a call from John Googas, organizer for the commission, informing him that “there was no blood sample left.”
As the Paulick Report noted in March, this is not the first time that New York officials have had trouble providing an adequate split sample for trainers who request one. Barker recalled four out of five occasions in 2014 in which LSU was unable to conduct a split sample test due to failure of the New York laboratory to provide or preserve sufficient sample. In 2013, Barker recalled two occasions where he could not conduct analysis on a New York split at all and five in which LSU had to work with less blood than is standard protocol.
The paperwork, filed on Wednesday in the U.S. District Court for the Eastern District of New York, requests that the defendants be prevented from fining Mott or suspending his license, requests an injunction on further proceedings, and an order vacating the steward’s ruling against the Hall of Fame trainer.
The suit reiterated what Mott attorney Mollica told the Paulick Report after news broke of the violation–that Mott directed the appointed NYRA veterinarian to administer 3 cc, the minimum dose of furosemide, while the maximum allowed dose under commission rules is 10 cc. Mott also claims that his private veterinarian, Dr. James Hunt, administered the horse 10 cc flunixin 29 1/2 hours before the horse was scheduled to run.
The commission’s finding of a violation later indicated that the horse’s furosemide levels were ten times the legal limit.
Ultimately, Barker tested the urine sample and did detect the presence of furosemide and flunixin, but stated that this is to be expected, considering they were both administered to the horse.
“Without split sample testing and referee testing of blood, the medium by which the violation was calculated and called, the Commission is simply saying, ‘Trust us, you lose,’” the suit stated.
Mott was suspended 15 days and fined $1,000 for the overages. He appealed immediately.
The commission declined comment on pending litigation, but Mollica stated in the suit that his demands for further information about the blood sample’s collection were met with a reply that such information can only be demanded in cases of license revocation.
“Bill Mott is the template for all that is good in our sport. If this can happen to him, it can happen to anyone,” said Mollica. “Every owner and trainer should be emboldened and should thank Mr. Mott, because this has been continuous and systematic. He’s not only fighting for his rights, he’s fighting for the rights of all horsemen.
“We seek relief because we seek justice.”
Mott Files Federal Suit Against New York Commission, Lab Director Over Absent Split Sample
Natalie Voss
Paulick Report
Hall of Fame trainer Bill Mott has filed a lawsuit in federal court as he seeks to overturn a 15-day suspension he received after one of his horses, Saratoga Snacks, tested positive for overages of the therapeutic medications furosemide (Lasix/Salix) and flunixin (banamine).
Saratoga Snacks tested positive after finishing last in an allowance race at Belmont Park on Sept. 20, 2014.
The suit, which names ten New York State Gaming Commission members, state steward Stephen Lewandowski, and New York Drug Testing and Research Program director Dr. George Maylin, alleges that the state failed to allow Mott due process in appealing the suspension and that the trainer’s livelihood is suffering as a result of the state’s unfair actions. Mott claims that when he requested a split blood sample to challenge the positives, the commission officials forwarded a urine sample, which was “completely useless to serve as a referee sample, given that only the quantitative levels allegedly found in the post-race blood sample served as the basis upon which Mr. Mott received his violation.”
Mott attorney Andrew Mollica said Thursday his understanding is that urine samples are useful primarily to detect the presence or absence of a no-tolerance drug such as cocaine, not to determine the concentration of a therapeutic substance.
Dr. Steven Barker of Louisiana State University was asked to test the split sample and stated in an affidavit that he received a call from John Googas, organizer for the commission, informing him that “there was no blood sample left.”
As the Paulick Report noted in March, this is not the first time that New York officials have had trouble providing an adequate split sample for trainers who request one. Barker recalled four out of five occasions in 2014 in which LSU was unable to conduct a split sample test due to failure of the New York laboratory to provide or preserve sufficient sample. In 2013, Barker recalled two occasions where he could not conduct analysis on a New York split at all and five in which LSU had to work with less blood than is standard protocol.
The paperwork, filed on Wednesday in the U.S. District Court for the Eastern District of New York, requests that the defendants be prevented from fining Mott or suspending his license, requests an injunction on further proceedings, and an order vacating the steward’s ruling against the Hall of Fame trainer.
The suit reiterated what Mott attorney Mollica told the Paulick Report after news broke of the violation–that Mott directed the appointed NYRA veterinarian to administer 3 cc, the minimum dose of furosemide, while the maximum allowed dose under commission rules is 10 cc. Mott also claims that his private veterinarian, Dr. James Hunt, administered the horse 10 cc flunixin 29 1/2 hours before the horse was scheduled to run.
The commission’s finding of a violation later indicated that the horse’s furosemide levels were ten times the legal limit.
Ultimately, Barker tested the urine sample and did detect the presence of furosemide and flunixin, but stated that this is to be expected, considering they were both administered to the horse.
“Without split sample testing and referee testing of blood, the medium by which the violation was calculated and called, the Commission is simply saying, ‘Trust us, you lose,’” the suit stated.
Mott was suspended 15 days and fined $1,000 for the overages. He appealed immediately.
The commission declined comment on pending litigation, but Mollica stated in the suit that his demands for further information about the blood sample’s collection were met with a reply that such information can only be demanded in cases of license revocation.
“Bill Mott is the template for all that is good in our sport. If this can happen to him, it can happen to anyone,” said Mollica. “Every owner and trainer should be emboldened and should thank Mr. Mott, because this has been continuous and systematic. He’s not only fighting for his rights, he’s fighting for the rights of all horsemen.
“We seek relief because we seek justice.”
