Walter Case Appeal Denied

[Oskar]

The Massachusetts Gaming Commission upheld a decision to deny Walter Case a license in that state.

[jeebus1083]

I think that unless this can be taken to the courts, this decision effectively ends any chance of Walter resuming his career.

[Mr G]

Makes me wonder if the fact that Massachusetts has passed a full casino bill had anything to do with their decision.

As more states pass Vegas style full casino's bill will eventually mean "bye bye horse racing"? Here in NY I feel Gov Cuomo is all hot for Vegas style casino's and the hell with outdated horse racing.

Appears to me the young of today want the quick instant wagering options such that a casino provides over the spending of an entire afternoon waiting half an hour or so in between horse races to be run.

I feel we're entering a new era of wagering...tied into the instant gratification wants and needs of the 21-38 yr old group of today.

An article I found regarding casino law in Mass

http://www.nytimes.com/2012/02/26/us/new-law-in-massachusetts-allows-for-three-casinos.html?pagewanted=all

As for Walter Case, I hope this decision denying him doesn't turn him back to boozing.

[Oskar]

There were unexplained delays in naming the members of the Gaming Commission. The governor appointed the chairman and various politicos got to name the other four members. That process wasn’t completed until the spring.



One of thecommission’s first acts was to name a connected individual who had worked at the state house as their executive director. Unfortunately for them, it soon came out that he had been accused of child sexual assault in Florida in 2007. He was soon given the boot, but I think this experience made them all gun shy: they couldn’t afford another major screw up.



The commissioner who heard Case’s appeal is a former New Jersey trooper who was appointed to the panel by the attorney general. And given that Case’s history is pretty “messy” I imagine she was reluctant to put herself out there for him, so she and the chairman probably decided that not granting the appeal was the safe way to go.



Case was licensed in Massachusetts in 2008, and his circumstances really haven’t changed since then, but the state’s situation certainly has. ( Actually his situation has improved since his probation has been completed.) The commission’s primary purpose is to grant three casino licenses and one slots license, with Plainridge being the favorite to get the latter. I imagine visions of Case going wild on the backstretch or kicking horses and drawing groups of animal rights demonstrators danced in their heads.



I think the denial has more to do with what’s going on in Massachusetts than it does with Case himself. Time is his ally as well as his enemy, but he’s fifty-two and if he stays on the straight and narrow I think he’ll be licensed somewhere within two years.

[jeebus1083]

I think the denial has more to do with what’s going on in Massachusetts than it does with Case himself. Time is his ally as well as his enemy, but he’s fifty-two and if he stays on the straight and narrow I think he’ll be licensed somewhere within two years.

If that was the case, then Walter's due process rights were violated. Commissioner Cameron should have excused herself from the matter (and as a matter of fact, has no business hearing appeals such as Walter's due to any possible bias - real or perceived), and an independent arbitrator should have listened to and ruled on Walter's appeal. I guess my question is what is next? Will this end up in the Massachusetts court system? Does Walter attempt to gain a license in some other jurisdiction? Or, does he lay low for awhile, and try again next year?

You're right that both time is both his friend and his foe. We all know what happened to Herve Filion after he returned in 2002. In the 10 years since his return (he's more or less retired now), he won only 397 races, a shell of his former self. He did have a few good years at Pocono, but kind of fell off the map after the 2003 season. I'd hate to see Case back way past his prime, and have others drive circles around him.

[Saratoga_Mike]

If that was the case, then Walter's due process rights were violated. Commissioner Cameron should have excused herself from the matter (and as a matter of fact, has no business hearing appeals such as Walter's due to any possible bias - real or perceived), and an independent arbitrator should have listened to and ruled on Walter's appeal. I guess my question is what is next? Will this end up in the Massachusetts court system? Does Walter attempt to gain a license in some other jurisdiction? Or, does he lay low for awhile, and try again next year?

You're right that both time is both his friend and his foe. We all know what happened to Herve Filion after he returned in 2002. In the 10 years since his return (he's more or less retired now), he won only 397 races, a shell of his former self. He did have a few good years at Pocono, but kind of fell off the map after the 2003 season. I'd hate to see Case back way past his prime, and have others drive circles around him.

If it were a court of law, you might be right. But does he have the same rights here? I really doubt it???

[Oskar]

Technically speaking his appeal is still alive, but the chances of the full commission rejecting Cameron's recommendation are zero. She's the one with a law enforcement background who handles racing. The chairman is a political operative/academic and the other three are number crunchers. I would be shocked if any of them ever heard of Walter Case.

The three-judge racing panel and the investigator for the commission are all dead-set against licensing him, and Cameron makes five. The chance that Case will hit the lottery is better than his chance of having his appeal upheld by the full commission.

[jeebus1083]

http://www.drf.com/news/harness-walter-case-jr-may-be-denied-massachusetts-driving-license

[jeebus1083]

Commissioner Cameron's reasoning on her recommendation of denial begins on Page 54.

http://www.mass.gov/gaming/docs/meeting-docs/transcript-7-10-2012.pdf

[Oskar]

“In reviewing the full record, I recommend
to the Commission that the licensure of the appellant in Massachusetts be denied based on the severe nature of the appellant's criminal record, in particular a crime of violence. The record since the conviction although void of any new crimes does not contain any evidence that the appellant has attempted to rehabilitate himself or conduct any charitable acts to mitigate his crimes of the past.”







In the case of Michael Vic you have a team and a league ready and able to step up and provide him with opportunities to rehabilitate his image by speaking out against dog violence and contributing time to animal welfare organizations. Case, on the other hand,is an independent operator with no such support structure. Was the USTA interested in helping him improve his image by speaking and working against domestic violence? I don’t think so.



His record since being released from prison is clean but he hasn’t mitigated his crimes of the past by engaging in charitable acts? That isn’t the standard in this country. If you serve your sentence and subsequently keep your nose clean, in all but sensitive positions, you’re allowed to go on with your life. The notion that he is a threat to this morally pure institution known as horseracing is ridiculous.

[jeebus1083]

“In reviewing the full record, I recommend
to the Commission that the licensure of the appellant in Massachusetts be denied based on the severe nature of the appellant's criminal record, in particular a crime of violence. The record since the conviction although void of any new crimes does not contain any evidence that the appellant has attempted to rehabilitate himself or conduct any charitable acts to mitigate his crimes of the past.”

I wonder if this is code for not attempting to re-pay his outstanding fines that he owes Northfield Park?

What also gets me is that the sport is practically all he knows, and unless he is licensed to drive or perform in some capacity within the harness industry, how is he supposed to or expected to earn a living? If the sport is going to shut him out, then they might as well tell Case to go back to prison.

[Saratoga_Mike]

“In reviewing the full record, I recommend to the Commission that the licensure of the appellant in Massachusetts be denied based on the severe nature of the appellant's criminal record, in particular a crime of violence. The record since the conviction although void of any new crimes does not contain any evidence that the appellant has attempted to rehabilitate himself or conduct any charitable acts to mitigate his crimes of the past.”

Well said!