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Race-Fixing Charges Dismissed : Betting: Federal judge says government had no evidence against four people, including a jockey and two trainers, accused in scheme at track in New York.

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From Associated Press

A federal judge today dismissed all charges against four people accused of rigging the outcome of a race last year at the Finger Lakes Race Track.

“In my mind, this case never should have gone this far,” U.S. District Judge David G. Larimer said as he dismissed charges against jockey Joseph Badamo, trainers Michael Ferraro and Edward Babcock, and Ferraro’s ex-wife, Patricia Ferraro.

The four were charged with conspiracy and wire fraud for allegedly trying to prevent two horses from winning in the eighth race at the track in Canandaigua on Sept. 26.

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But Larimer said Assistant U.S. Atty. Charles M. Pilato had failed to prove that there was any agreement among the four defendants.

“The proof of agreement and participation is simply not there,” Larimer said. “All you have is disparate acts. There is no evidence of a common plan or conspiracy.”

Larimer also said the charges of wire fraud were not justified. Those charges were based on the fact that the race was televised to bettors in Las Vegas.

Larimer said Pilato had presented no evidence that the defendants knew the race would be televised or that the televising was relevant to the alleged scheme.

Larimer dismissed the case after jurors heard four days of testimony from prosecution witnesses. Most of the testimony focused on whether Badamo had intentionally held back his horse, Shine Please.

The defense had not yet presented its case when defense attorneys moved that the charges be dismissed.

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“In my view, there is absolutely no doubt that the motion for acquittal should be granted for all defendants for both counts,” Larimer said.

“It would be pure speculation to allow a jury to consider it any more.”

Michael Ferraro said he will try to get back his trainers license, which was revoked when the indictment was issued.

“It wiped me out,” Ferraro said, wiping away tears. “My reputation was ruined. It took me 20 years to establish my horses and my reputation--every horse that I had, every client that I had is with another trainer.”

Badamo and Babcock said they will also try to get their licenses back.

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