An administrative law judge for the Federal Trade Commission Oct. 4 overturned a New Mexico stewards' ruling that was backed up by the Horseracing Integrity and Safety Authority against jockey Oscar Ceballos in his second-place ride aboard Alotaluck in this year's Sunland Park Derby (G3).
The initial ruling by the stewards was that Ceballos had violated racing rules by using the crop on Alotaluck 11 times, which would be five times over the limit. But in overturning that ruling, administrative law judge D. Michael Chappell determined that seven of those strikes should not have counted as they were administered to prevent the horse from lugging out, which meant they fell under a safety exception.
As the initial ruling was of a Class 2 violation, it called for the disqualification of Alotaluck from the Feb. 18 race at Sunland Park but with the Oct. 4 ruling by Judge Chappell the grade 3 placing of Alotaluck is ensured, as well as the $85,360 in purse money for owner/breeder Eleanor Martin. Sanctions against Ceballos—an $853.60 fine and three-day suspension—also are lifted.
"The evidence shows that out of the 11 strikes to Alotaluck, the seven strikes to Alotaluck's shoulder were made for safety reasons in order to stop Alotaluck from lugging out," Judge Chappell ruled. "Accordingly, because the strikes to Alotaluck's shoulder were made to preserve the safety of the horses and riders in the race, and thus permitted under HISA Rule 2280, the Authority has failed to establish that Ceballos exceeded the six-strike limit under HISA Rule 2280. For all these reasons, the evidence establishes that the imposed civil sanctions were not in accordance with law."
Ceballos was represented by attorney Vanessa Motta.
California-bred Alotaluck finished the Sunland Park Derby 2 1/2 lengths behind Stronghold, who would capture the Santa Anita Derby (G1) in his next start. A son of Sir Prancealot , Alotaluck has won three of five starts including the Mine That Bird Derby and has never finished worse than second.
