Federal judge overturns HISA ruling in Sunland Derby crop case

In a ruling filed Thursday, an administrative law judge with the Federal Trade Commission overturned a New Mexico stewards' ruling in the Sunland Park Derby (G3). Judge D. Michael Chappell determined that seven of the 11 strikes of the crop on second-place Alotaluck from jockey Oscar Ceballos were used for safety purposes, to stop the horse from lugging out.

The ruling preserves Alotaluck's Grade 3 placing as well as the $85,360 second-place purse money for his owner-breeder Eleanor Martin. It also removes the sanctions against Ceballos for the incident, including an $853.60 fine and a three-day suspension. The ruling was previously reported by Frank Angst of BloodHorse.

New Mexico stewards had ruled after a hearing Feb. 22, four days after the Sunland Park Derby, that Ceballos went over the six-strike crop limit in order to maximize his race placement. After an April 16 hearing, HISA affirmed the stewards' ruling.

Ceballos maintained that the strikes to Alotaluck's shoulder down the lane were to stop him from lugging out. Evidence was also presented from trainer Ty Garrett, veterinarian Kara Theis and farrier Jody Roberts that Alotaluck had an abscess in his right hind foot which may have caused him to lug out.

In his opinion, judge Chappell ruled that the testimony from Ceballos, Garrett, Theis and Roberts was credible and persuasive to demonstrate that Alotaluck had an abscess on his foot and that the abscess caused him to lug out.

Chappell also opined that the testimony of presiding steward Larry Fontenot was not credible. Fontenot had argued that New Mexico state veterinarian Brandi O'Sullivan assessed Alotaluck to be sound, even though O'Sullivan's report noted the abscess on Alotaluck's foot. Chappell also ruled as uncredible the testimony of another steward, state steward Violet Smith, who had argued that Alotaluck did not lug out.

Since his second-place finish behind Stronghold in the Sunland Park Derby, Alotaluck has returned to the races twice and continued a strong 3-year-old season. He won the Mine That Bird Derby on April 14 as the 1-20 favorite, and then beat older foes in an allowance Sept. 19 at Canterbury Park. He is entered to try the grass in Sunday's Hawthorne Derby.