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10-18-2017, 02:07 PM
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#16
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Registered User
Join Date: Jul 2009
Location: NJ
Posts: 3,817
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Quote:
Originally Posted by JustRalph
I’m guessing we are going to hear lots of 5th Amendment talk
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Followed by very little additional talking
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10-19-2017, 08:44 AM
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#17
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Registered User
Join Date: Oct 2007
Location: NJ
Posts: 5,851
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I would gather that hidden ownership is a big issue and the racing commission wants to eliminate it as well as the trainer stand in loophole.
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10-19-2017, 10:25 PM
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#18
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Registered User
Join Date: Aug 2007
Posts: 7,510
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if one is charged with a crime, they cannot plead the 5th under direct cross examination.
The 5th is the right against self incrimination. It does not protect a defendant from having to answer direct questions.
Imagine if a defendant under cross being able to plead the 5th on every question. The entire criminal justice system would grind to a halt.
My guess is many who are on the list will offer to testify under certain conditions and with certain stipulations. Such as no prison time. No fines, etc.
But I would hope to think that these guys will be able to keep their licenses.
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10-19-2017, 10:56 PM
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#19
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Just another Facist
Join Date: Mar 2002
Location: Now in Houston
Posts: 52,619
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Quote:
Originally Posted by thespaah
if one is charged with a crime, they cannot plead the 5th under direct cross examination.
The 5th is the right against self incrimination. It does not protect a defendant from having to answer direct questions.
Imagine if a defendant under cross being able to plead the 5th on every question. The entire criminal justice system would grind to a halt.
My guess is many who are on the list will offer to testify under certain conditions and with certain stipulations. Such as no prison time. No fines, etc.
But I would hope to think that these guys will be able to keep their licenses.
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But no attorney would let it get that far. If you don’t testify on direct, they can’t force you to be cross examined. There’s noth8ng to cross examine. Basically you keep ur mouth shut the whole time.....if your attorney is dumb enough to put you in that situation, you’re screwed anyway
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10-19-2017, 11:10 PM
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#20
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Registered User
Join Date: Aug 2007
Posts: 7,510
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Quote:
Originally Posted by JustRalph
But no attorney would let it get that far. If you don’t testify on direct, they can’t force you to be cross examined. There’s noth8ng to cross examine. Basically you keep ur mouth shut the whole time.....if your attorney is dumb enough to put you in that situation, you’re screwed anyway
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No. But if the defendant decides to testify in his or her defense, then the gloves are off.
Now, if one is a witness, not a defendant, then the game changes. A witness may plead the 5th if they are asked a question where the response would incriminate the witness.
So lets say you are called to testify against one of the defendants. And the prosecution asks you "have you ever used illicit drugs on a horse you trained?"..Yes, at that point you could plead the 5th....
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10-20-2017, 10:45 AM
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#21
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Registered User
Join Date: Oct 2007
Location: NJ
Posts: 5,851
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Quote:
Originally Posted by thespaah
if one is charged with a crime, they cannot plead the 5th under direct cross examination.
The 5th is the right against self incrimination. It does not protect a defendant from having to answer direct questions.
Imagine if a defendant under cross being able to plead the 5th on every question. The entire criminal justice system would grind to a halt.
My guess is many who are on the list will offer to testify under certain conditions and with certain stipulations. Such as no prison time. No fines, etc.
But I would hope to think that these guys will be able to keep their licenses.
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It seems there was a lot more to the Murray Rojas prosecution. It is believed she may have, as well as others who testified, given information on those who are cheating and how they are doing it. I'm sure we haven't heard the last of this current attempt by the Pa Racing Commission to rid Parx of those who continue to abuse the system.
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11-13-2017, 10:13 AM
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#22
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Registered User
Join Date: Oct 2007
Location: NJ
Posts: 5,851
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Time to put another pot of coffee on the burner as it seems a lot more is happening at Parx. Several of those who didn't answer the subpoenas have been booted from the track and another round of subpoenas have been issued, these seem to be for tax evasion, hidden ownership and failure to correctly pay state and federal employment related taxes. By Thursday the names will be released.
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11-13-2017, 06:42 PM
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#23
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Registered User
Join Date: Nov 2014
Location: Missouri
Posts: 2,190
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ban these bastards forever
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11-14-2017, 01:35 PM
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#24
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Registered User
Join Date: Jan 2006
Posts: 28,390
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Subpoenas were issued which went unanswered...and a fresh supply of subpoenas have been sent out. But, in a month's time...we still don't know the names of the offenders. The way our game can keep a secret...they should be running a spy ring.
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11-14-2017, 03:05 PM
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#25
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Registered User
Join Date: Oct 2007
Location: NJ
Posts: 5,851
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Quote:
Originally Posted by thaskalos
Subpoenas were issued which went unanswered...and a fresh supply of subpoenas have been sent out. But, in a month's time...we still don't know the names of the offenders. The way our game can keep a secret...they should be running a spy ring.
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The names are available but I am not at liberty to post them here.
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Remember the NJ horseman got you here now do the right thing with the purses!
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11-14-2017, 03:22 PM
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#26
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Registered User
Join Date: Jan 2006
Posts: 28,390
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Quote:
Originally Posted by onefast99
The names are available but I am not at liberty to post them here.
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Well...since I am not bound by such restrictions...I will divulge the names here for all to see. The suspended Parx trainers are, Marcos Zulueta, Juan Carlos Guerrero, Joseph Taylor...and Silvio Martin.
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11-14-2017, 03:24 PM
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#27
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Registered User
Join Date: Feb 2006
Location: Houston Tx.
Posts: 3,130
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"Four suspended Parx trainers denied stay,"
http://www.drf.com/news/four-suspend...rs-denied-stay
"Pincus had advised his clients not to comply with a subpoena issued in October seeking three years of training, racing, and banking records from the trainers. He said the commission was seeking the records in an investigation into possible hidden ownership and the use of program trainers at Parx.
The four trainers were issued indefinite suspensions. Two of the four, Marcos Zulueta and Juan Carlos Guerrero, are currently third and fifth in the Parx trainer standings. The other two are Silvio Martin and Joseph Taylor, according to Pincus."
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11-14-2017, 03:26 PM
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#28
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Registered User
Join Date: Sep 2007
Location: Boston+Ocala
Posts: 23,662
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not enough, suspend the fine owners that are the customers of these fine trainers.
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11-14-2017, 03:47 PM
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#29
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Registered User
Join Date: Oct 2007
Location: NJ
Posts: 5,851
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Quote:
Originally Posted by lamboguy
not enough, suspend the fine owners that are the customers of these fine trainers.
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One will be.............
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11-15-2017, 04:47 PM
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#30
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Registered User
Join Date: Jan 2006
Location: Audubon, PA
Posts: 427
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Viewed in 20-20 hindsight, Pincus' advice to his clients to disregard the subpeona doesn't seem like the type of legal representation people pay money for, unless he feels that he has legal grounds for a countersuit, a highly unlikely proposition. Feigning ignorance about the charges doesn't play particularly well, either.
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