Trinity Run can't win for losing, or for winning! Should they Sue?

[andymays]

Trinity Run can't win for losing, or for winning | courier-journal.com | The Courier-Journal

http://www.courier-journal.com/article/20100527/SPORTS08/5270335/1037/Trinity+Run+can+t+win+for+losing++or+for+winning

Excerpt:

The 8-5 favorite in Thursday's second race at Churchill Downs was scratched for the second time in two races -- the first time because he was declared to be a previous winner and this time because the stewards said he was not.

Excerpt:

Here's what happened: Amoss entered Trinity Run in a May21 maiden special-weight race. He later was notified that Trinity Run might not be eligible for a maiden race because the horse that beat him April29, Guarded Entrance, tested positive for an impermissible medication at the University of Florida lab. A separate test at LSU was pending.

Chief state steward John Veitch said that under Kentucky rules, the horse that finishes second must be treated as a winner as long as there is the possibility of a disqualification of the first-place finisher. Hence, Trinity Run was scratched from the maiden race.

[andymays]

http://www.thoroughbredtimes.com/national-news/2010/May/27/Owner-Moss-considers-litigation-over-horse-eligibility.aspx

Excerpt:

"There is so much that can wrong anyway, and it’s hard enough to get races to go,” Moss said. “These were legitimate races for him. If I have to proceed to any type of litigation, I had an offer to sell this horse for $65,000. The fact that he was still a maiden and still had conditions, I turned down that profit, so there’s the potential loss of the profit of the sale based on that belief, the training costs, the bills, and the expenses I’ve incurred. There are damages if you have to sit on a horse and can’t run him.”

Mostly, Moss said she would like the state to take a hard look at some of its rules. Kentucky currently is considering a change that would allow tracks to hold purse winnings if an initial test indicates a potential positive.
“This is why we have problems with racing and owners in particular,” Moss said. “The rule says when this happens, you scratch the horse no matter what. Most jurisdictions are going to wait at least for the stewards hearing or the split sample or to get it examined by your vets or your standards.

“The litigation is ‘Wake up.’ You’re hurting the people that have the positive test, your testing procedure is suspect, your rule is suspect in that you have no right to a split or a hearing before you’re disqualified, and thirdly of all, how innocent am I in this? What did I do wrong? It’s too expensive of a game, and I can’t stomach it to just say, ‘Well, stuff happens.’”