Castellano Granted Stay of Suspension

[Shelby]

http://www.bloodhorse.com/horse-racing/articles/59839/castellano-granted-stay-of-six-day-suspension?utm_source=twitter

"A Kentucky Circuit Court judge has granted jockey Javier Castellano a stay of the six-day suspension he was given by the Kentucky Horse Racing Commission for his ride aboard Prince Will I Am in the Breeders’ Cup Marathon (gr. III)."

Franklin (Kentucky) Circuit Court Judge Phillip J. Shephard issued the stay Nov. 9 after a hearing in which Castellano was represented by Joel Turner and Bart Greenwald.

"In his ruling, Shephard cited the impact of the suspension on Castellano’s ability to earn his living as a jockey in Kentucky and other states (which recognize such suspensions through reciprocity agreements) and raises the question of whether “there is a violation of due process of law when the commission requires imposition of the penalty prior to administrative review of the action of the stewards.”



So, this is confusing to me. He gets off scott-free after trying to wedge himself into a spot that doesn't exist??? Plus, he's done this before and been fined for it.

[Tom]

Unbelievable. :ThmbDown::ThmbDown::ThmbDown:

This shows what total lack of character Castellano has.
I would ban him for a hell of a lot longer than 6 days.
The jerk is a menace.

[BluegrassProf]

So, this is confusing to me. He gets off scott-free after trying to wedge himself into a spot that doesn't exist??? He doesn't.

The judge is raising an issue of due process: if Castellano serves out a penalty before an appeal, the appeal would have little meaning, save perhaps the symbolism of the thing - he would've already served the penalty (the loss of income that an immediate suspension elicits). That make sense?

Note that the judge isn't ruling on whether his appeal is worth a damn; he's simply delaying the imposition of a penalty prior to Castellano's appeal.

[Shelby]

He doesn't.

The judge is raising an issue of due process: if Castellano serves out a penalty before an appeal, the appeal would have little meaning, save perhaps the symbolism of the thing - he would've already served the penalty (the loss of income that an immediate suspension elicits). That make sense?

Note that the judge isn't ruling on whether his appeal is worth a damn; he's simply delaying the imposition of a penalty prior to Castellano's appeal.

Ok. That makes sense, but, then why did he refuse the hearing?

[JustRalph]

Ok. That makes sense, but, then why did he refuse the hearing?

he is trying to break new ground if you ask me. He wants to change the way things are done. A judge and a court decision can do that.

Remember who his father in law is. There is probably an agenda or a plan of attack.

[CincyHorseplayer]

Hold on a second.It was always my understanding that the track was aloof from the outside world to a dominant extent.Self contained,self policing.Why is a judge involved in this??When I lost my racing license for switching jobs within the track makeup I was at the mercy of the stewards.I guess because this was so public it was picked up on???How does this work??

[nearco]

It is standard practice for jockeys in the US to appeal their suspensions to a court of law. The idea is to appeal and keep getting stays until the meet is over/you get to ride in the big race (Japan in Catellano's case)/or the off-season comes along, then you get to sit out your days when you weren't planning on riding anyway.

Here is an article on it... http://www.drf.com/news/suspended-jockeys-mocking-system
The whole think is a complete and utter joke. No where else in the world is that allowed. You get a ban pretty much anywhere else in the world, you get a quick appeal (which rarely results in an overturn) then you sit out your days and if you miss the big race(s) then tough sh!t.

[Shelby]

It is standard practice for jockeys in the US to appeal their suspensions to a court of law. The idea is to appeal and keep getting stays until the meet is over/you get to ride in the big race (Japan in Catellano's case)/or the off-season comes along, then you get to sit out your days when you weren't planning on riding anyway.

Here is an article on it... http://www.drf.com/news/suspended-jockeys-mocking-system
The whole think is a complete and utter joke. No where else in the world is that allowed. You get a ban pretty much anywhere else in the world, you get a quick appeal (which rarely results in an overturn) then you sit out your days and if you miss the big race(s) then tough sh!t.

Ah. Thanks for the info.

Ummmm....obviously the punishment has no effect if the jockey doesn't miss any important races...sigh. No wonder he keeps his bad behavior up. I've read that he's a really nice guy, and I'm sure he is--when not on a horse.