Trainer Rick Dutrow had his request to be heard by the New York State Court of Appeals denied on Tuesday, October 23rd.
The Court in its brief decision declined to hear Dutrow’s case because “no substantial constitutional questions were involved.” This means that part of the Dutrow case is resolved, however there is still the opportunity for the Court of Appeals to reverse the 3rd Department decision denying Dutrow’s appeal of the administrative hearing setting down a ten year suspension from racing. Until that determination is made the stay of the suspension is in force allowing Rick Dutrow to train and race horses.
The Bloodhorse reports that Dutrow’s attorney, Michael Koenig states, “The trainer will try one more time with the Court of Appeals to challenge the mid-level Court’s findings.” He continues to say that this appeal was on substantial constitutional issues only while their further appeal will be more broad based.”
The questions that are left for appeal deal with whether Dutrow had his due process rights violated when the Racing and Wagering Board investigator entered his office; searching for and finding hypodermic needles. As a result of this discovery, a 90 day suspension was initially issued. Subsequently, based upon Dutrow’s prior record, the New York State Racing and Wagering Board increased the suspension to 10 years. As a result, Dutrow has sought to have the suspension vacated and these appeals continue.
This story is not over yet, and I will keep updating it as it winds through the court system.