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Nearly a year and a half after he was named Trainer of the Year, Mickey Burke and New Jersey regulators remained locked in a dispute over two alleged drug positives Burke's horses received back in 2006. This morning from Frank Zanzuccki, Executive Director of the New Jersey Racing Commission, emailed this update to me:

"The NJRC requested summary decision on the question of liability. The Administrative Law Judge granted Burke's request for further testing of the two samples. (This was granted even though split sample testing confirmed the presence of Lidocaine in both samples) Burke must respond to our motion of summary decision on June 23, 2008."

It just goes on and on, doesn't it?

Comments

Judy Davis-Wilson said...

In response to Danny Plasky's question about rescinding Mickey Burke's Trainer of the Year trophy......First thanks to Andrew for clarifying that it was an USHWA award.

Second, both positive tests occurred AFTER the balloting closed and pertained to the period prior to that date.

Will Mr Burke's record be considered for any future awards? Very doubtful but if so voters will have knowledge of these infractions before they cast their ballot.

posted at 2:02 PM on May 28th 2008

Paul Siegel said...

Somehow, I don't think this what our founding fathers had in mind when the Constitution and Bill of Rights were written. The foot dragging and manipulation of the system go far beyond what any reasonable person would define as "due process."

From Andrew: My good friend Chris Wittstruck disagree on this but I believe that with a good litigation strategy the "rules" in New Jersey could be tweaked to make them more efficient and to create disincentives for trainers and their attorneys to drag things out like this.

posted at 1:56 PM on May 28th 2008

Mark A said...

I stand corrected then.

posted at 1:32 PM on May 28th 2008

Andrew Cohen said...

This is a message for "Voodoo," who tried to post a very intense comment on the Mickey Burke situation. I decided after careful consideration NOT to publish your post, Voodoo, because I think the nature of it requires you to fairly identify yourself. We are not Horseplop, here, and anonymous postings of the sort you offered just aren't going to fly.

So please identify yourself-- honestly and accurately-- and re-post and I'll be happy to take a look. We have received hundreds of posts so far and yours is one of less than a handful I've had to make this sort of call upon. I hope you can understand

Andrew

posted at 12:24 PM on May 28th 2008

Danny Plasky said...

If a suspension is warranted, let it be while the Big M is racing,
suspending a trainer between August 10 and November 10 woud
be meaningless...yet this has happened in the past.

Also, will the USTA disqualify Mr. Burke from its Trainer fo the Year
Award in the future, and like the Olympic steriod scandal ,where
gold medals were returned, will the USTA demand that Mr. Burke,
if found guilty, rerturn his USTA cetificate, trophy or whatever
ceremonial gifts he received.

In lieu of the Ledford case, I guess Mickey doesn't have to worry about the New Jersey Racing Commission refusing to license him next year, if found guilty.

From Andrew: Just a clarification, Danny. The USTA did not award Mickey Burke "Trainer of the Year." That award was given by the United States Harness Writers Association (USHWA).

posted at 11:21 AM on May 28th 2008

Mark A said...

Maybe it's just me but I've always been under the impression that one must have a valid USTA membership in order to race horses in harness racing. If that is the case doesn't the USTA have a right to revoke or suspend a membership at their discretion?

I ask this because it's known that racing jurisdictions have differing laws and testing and such...nothing is uniform. Because there aren't uniform rules amongst the states racing commissions the less than honest articipants can jump from state to state to avoid penalty if one racing commission revokes or denies someone a license.

This leaves the USTA as being the sole party that can enforce something within their realm of influence...if you're caught using illegal substances or fixing races then your USTA membership will be revoked.....no where to race if no USTA membership.

What gives here? How come the governing body of Harness Racing isn't stepping up or has it been thwarted when attempting to do so? If my theory is flawed and I'm not stating what I believe to be facts then my apologies for not having my facts straight.

From Andrew: I know, Mark, from Gordon Waterstone, that not every jurisdiction that races requires a USTA license. Am working on a more complete response to the other points you raise.

posted at 10:13 AM on May 28th 2008

Burke Matter Continued, Again, to June 23

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