Daley questions answered

The Horseman has received questions regarding the horse Night Mystery testing high for TCO2 following a three-day quarantine period requested by trainer Noel Daley after the horse had a positive test after winning at the Meadowlands Feb. 25.



The primary question was if a trainer receives advance notice of the quarantine period. Secondly, since a subsequent barn search was done and allegedly needles, syringes and unmarked prescription drugs were found in Daley's barn at Magical Acres, was the search still valid despite the preliminary findings that the horse has a naturally high TCO2 level. The other question we received was if the horse had ever tested high previously.



The Horseman asked those questions of New Jersey Racing Commission deputy director Mike Vukcevich.



"In terms of warnings, when there is a positive, we do a barn search," answered Vukcevich Monday morning, March 21. "There is no warning before the barn search is done. Once the barn search is conducted, any trainer is going to know that something is up; barn searches aren't done out of the blue, they are done because there is a positive test."



As for setting up the quarantine process, Vukcevich said to remember that it is the trainer or owner of the affected horse that has to make the request.



"Remember, that's not something we require; they have to request the quarantine," he said. "The rules don't say that once you get a positive test for TCO2 you are going into quarantine. You have a positive test for TCO2, then a hearing is scheduled to see if in fact there was a violation and if any penalties are going to be imposed. Then a trainer or owner can say, ‘Wait a minute, we think our horse is naturally high and we want to put that horse in quarantine to help establish that fact.' That is when it is scheduled.



"Then, we have to have someone there during the entire quarantine process of 72 hours. We have to have stall space available which is suitable for quarantine. Racetrack security people have to be set up. You can't say you want a quarantine and ‘boom!' you have it.



"Let's say the procedure was that as soon as you ask for a quarantine you have to produce the horse. (As a trainer) I know that I am going to ask and I am going to get it, so technically you have advance warning anyway. If I want to do anything, I'll have sufficient time because when I make that call I know I am going to go in right away, so I hold off making that call until I want to."



As for the March 2 barn search, Vukcevich said, "That is a separate thing. The racing commission has jurisdiction over licensed premises and we can conduct a search. The rule specifically provides that on a positive test from the lab we can conduct a search. We can go conduct searches right now if we wanted to or we can do it whenever there was a positive test."



Daley's scheduled court hearing on March 16 from charges brought as a result of the barn search has been postponed until April 2 because, according to Vukcevich, the lab results conducted on the drugs found had not been returned.



As for any prior history of Night Mystery testing high, Vukcevich said he couldn't comment due to the ongoing investigation and that no final determination has yet been made. However, in 2004 the horse raced at the Meadowlands for trainer Ken Rucker and in 2003 the horse was conditioned there by Joe Holloway.



"We're conducting an evaluation and when we are done we will be presenting that to the judges so that they can act pursuant to the rule," he said.

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