Michael Gill

[Figman]

http://en.wikipedia.org/wiki/Fluphenazine

The Michael Gill saga continues. Like Ernie Paragallo, Gill stated the last two years he was "getting outta da game" yet he was given an Eclipse Award as the "owner of the year." Giving him an Eclipse" will only perpetuate his stay!

In now allowing the horsemen running on illegal raceday drugs, has the liberal judicial system gone crazy? It appears so from the following. And furthermore, will somebody tell me if Gill employs a type of behaviorial expert that can prescribe a powerful antipsychotic drug for Gill's horses when a mild tranquilizer would do?

Will somebody also explain to me that if the lab used by the racing commission in New York finds this powerful antipsychotic drug in two of Gill's horses, why a liberal NY Supreme Court judge says it is "ok" and give Gill his money? Here's the "skinny:"

Gill sued the NY Racing Board in December 2004, claiming that the emergency rule that led to the disqualifications was "unlawful, arbitrary, and capricious, and an abuse of discretion."

The liberal New York Supreme Court judge, Ronald Zweibel, found that the New York Racing Board violated the State Administrative Procedure Act by repeatedly passing emergency medication rules while failing to demonstrate that the rules - which were the basis for the disqualifications - needed to be adopted on an emergency instead of permanent basis.

Zweibel ordered the board to nullify the disqualifications and award Gill $24,350 in purse money that had been redistributed.

I did get a chance to read the "judge's????" decision and in part of it he stated that the drug was not confirmed as actually being in the sample tested by the NY lab. I know positively that the NY lab puts forth a possible post race positive without confirmation....never!

Something is not right here.

[kenwoodallpromos]

Let us know if you find out what the "emergency" was. And if you can post the rules for outlawing drugs based on an emergency.
I do not know NY law, but it sounds like Gill got off on a technicality. But that would still be the law.
So in your opinion, should that "liberal judge" have followed the law, or just screwed Gill like the tracks did by denying him stalls, but this time illegally?

[Figman]

The emergency was that the drug law in NY is based on the seven days before a race as most drugs have "half-lives" where they metabolize and clear a horse's system in most instances by the time seven days are counted.

Fluphenazine and Reserpine can be administered up to 30 days out from a race and still be present in a raceday sample. With the rules based on 7 days and the possibility that the drug was given outside of seven days, a horse could be positive on raceday and not be prosecuted under the rules. To me Kenwood, that qualifies as an "EMERGENCY!"

It's doubtful that many other racing states even test for these two drugs.