Lou Pena Cleared to Race at Cal-Expo
By Bill Finley
With his license having been restored by a New York court,
Lou Pena is ready to get back into business. The trainer told
Harness Racing Update yesterday that officials at Cal-Expo
have told them they will accept his entries immediately.
Currently, Pena does not have any horses, but said he has
already talked to some prospective owners and hopes to
make his first start “in a week or
two.”
Pena has been sidelined for about
nine months due to charges from the
New York State Racing and
Wagering Board that he illegally
medicated horses. Pena had a
hearing before the NYSRWB in late
August, yet a decision on his case
has yet to come down. Charging that
Pena’s due process rights had been
violated by the NYSRWB, his
attorney Andy Turro was able to get
a court to order that his license be
reinstated, at least temporarily.
“I have checked in with a bunch
of former clients and people who
have heard the news have called
me, have been touching base,” the trainer said. “I told them
that it would take me a week or two to get things in order but
after that I would be ready to go. How many horses will I
have? I don’t have a clue.”
Prior to his suspension Pena was racing primarily at
Yonkers, Chester and Pocono, but has been living in his
California since the suspension. He said would start up at
Cal-Expo and then decide from there whether he wanted to
return East. He said he has not reached out to any tracks but
Cal-Expo to inquire whether or not his entries will be
accepted.
“This is not going to be easy,” he said. “I am starting from
scratch and it is an uphill climb. These last few months have
been difficult for me. I couldn’t work, couldn’t make money
and have a family to support.
Pena may have gotten only a temporary reprieve. A
spokesperson for the New York Gaming Commission
(which now handles racetrack matters after the NYSRWB
was shut down) is reviewing the matter. It is likely that the
Gaming Commission will stand pat until March 15.
Another hearing has been scheduled on that date in
which the Gaming Commission can argue before the judge
that Pena should in fact not have been allowed back.
The unresolved mystery of the Pena case is why hearing
officer Clem Parente never issued a ruling. According to
Pena’s attorney it is normal for the Board to reach a
decision within 30 days. Because hearings before racing
boards and racing commissions are tried and judged by
the same organization, defendants lose virtually every
time. But Pena’s attorney could not have argued his
client’s innocence in a normal court until the NYSRWB
issues a ruling.
Pena was charged with 1,719 medication violations,
which were discovered after a review of his vets’ records.
However, none of the horses involved tested positive for
any banned substances, which is sure to be at the core of
Turro’s case if and when it is taken up by the court system.
