Ark. Derby winnings not lost yet The Valhol affair is far from over, despite the decision by the Arkansas racing stewards to disqualify the horse as winner of this year’s Arkansas Derby and to suspend his jockey Billy Patin for allegedly using an electric ”buzzer.”
At a hearing Wednesday, the stewards ordered the $300,000 winner’s share of the purse be returned by Valhol’s owner Jim Jackson and redistributed. Patin was fined $2,500 and suspended for the rest of the year.
Jackson’s attorney Sam Laser said yesterday he will immediately appeal the ruling to the state racing commission and, if necessary, to the circuit court.
Jackson still hopes to run Valhol, who finished 15th in the Kentucky Derby, in the Preakness, whose field will be limited to 14 starters based on earnings.
A release from the Maryland Jockey Club called Valhol’s Preakness status ”doubtful.” Without the Arkansas Derby purse his earnings total just $44,000, placing him 17th on the list of Preakness possibles.
But Laser said the purse money, which the circuit court ordered paid to Valhol before the Kentucky Derby, will stay in Jackson’s account throughout the appeals process.
”That hearing was against Mr. Patin, not my client,” Laser said. ”My client won’t be accused of the slightest bit of wrongdoing.
”We’re going to resist taking away an innocent man’s purse money. I don’t think under Arkansas law they have any right to do that.”
Laser said the purse money is protected by an unrestricted letter of credit from a Texas bank in the amount of $300,000.
”If ultimately (Jackson) loses, it will be returned to (Oaklawn Park),” he said. ”If he wins, he doesn’t have to. So far as I’m concerned, it’s still in his possession and we’ll do our best to see that’s the result seen by Pimlico.”
Laser called the case against Patin ”circumstantial.”
Byron Freeland, attorney for the racing commission, outlined the evidence presented at the hearing.
”The tractor driver testified he found (an electric) device on the track,” Freeland said. ”He took it to his supervisor, who took it to his supervisor, who went to Oaklawn general manager Eric Jackson, who turned it over to the (Thoroughbred Racing Protective Bureau). At that point they had no idea where it came from.”
Oaklawn’s videotape of the race showed nothing. The investigation didn’t kick into gear until the night after the Arkansas Derby, when track officials viewed the ESPN tape that clearly shows a black object dropping from the horse after the race.
The prosecution’s evidence consisted of the ESPN video, enhanced by the TRPB; the testimony of the driver who found the device at or near that location; and a soundtrack – Patin was miked for the race – containing static that Freeland said ”was consistent with the use of a buzzer. Not conclusive, but a strong indication.”
Patin, taking the stand in his defense, denied he had a buzzer.
”His story was he wears a big black rubber band on his wrist to hold up his sleeves,” Freeland said, ”and when he got back one was missing.”
Patin’s valet testified he saw nothing unusual, and partial prints on the buzzer were inconclusive because so many people handled it. Also, Freeland said, at no point during the video replay of the race did Valhol appear to shy or break stride as if he’d been buzzed.
”I’m so dang flabbergasted by this,” Jackson said. ”I played straight-up in everything in my life, and I hate like heck paying the price for someone else’s stupidity.
”They can take away the purse, they can take away the trophy, but my horse won that race legitimately and there’s no taking that away.”
Patin, who could be banned for five years if the racing commission approves the suggestion of the stewards, also will appeal.