HOLLYWOOD PARK : Jurors Hear First Remarks in Jockeys’ Suit

A jury heard opening statements from attorneys Monday in a lawsuit filed by Hall of Fame jockeys Laffit Pincay and Chris McCarron against a financial- management group that they allege overspent millions of their investment dollars.

McCarron skipped riding at Hollywood Park to attend the opening of the trial before U.S. Judge William Matthew Byrne Jr. McCarron also is not scheduled to ride at Hollywood Park on Wednesday. Pincay, who rode at Hollywood Park on Monday, might testify at the trial today, an off-day for racing.

The defendants are Vincent and Robert Andrews, brothers who operate several investment and management companies in Beverly Hills, New York and Connecticut.

The jury was told Monday that Pincay, who had done business for a couple of years with the father of the Andrews brothers before his death, employed Vincent Andrews and his brother starting in 1969. McCarron hired Vincent Andrews starting in 1979.

According to court records, Pincay and McCarron agreed to pay the Andrews brothers 5% of their gross earnings from riding.

“This case boils down to a scheme of concealment to misrepresent and exploit a couple of athletes who were not financial experts,” said Neil Papiano, attorney for the jockeys.

In his statement to the jury, Robert Esenston, who represents the Andrews brothers, said: “You must decide whether these jockeys are obligated to pay fees that they signed for. They (the jockeys) are going to say that they did not know about the investment fees until 1988. We are going to say that Mr. Pincay signed to approve these fees in 1972 and Mr. McCarron did the same thing in 1979.”

Asked how much money is involved in the suit, Papiano said: “The court will have to decide that, but it could be up in the millions.”

Papiano said that he doesn’t represent other jockeys against the Andrews brothers, but a source close to the McCarron-Pincay suit who declined to be identified said that at least three other California-based jockeys--Bill Shoemaker, Gary Stevens and Eddie Delahoussaye--did business with the Andrews brothers. Papiano said that there is litigation in New York involving retired jockey Angel Cordero and jockey Jorge Velasquez and the Andrews brothers.

“The defendants had complete control of a money machine,” Papiano said. “And as long as Pincay and McCarron were riding, the machine spit out the money.”

Papiano said that both Pincay and McCarron discontinued their relationship with the defendants after they sought outside advice about the investments, which were in real estate and oil-and-gas development.

Paseana, who has won six consecutive races, will carry high weight of 127 pounds in a field of five or six horses Sunday in the $300,000 Vanity Handicap at Hollywood Park.

Other probables for the 1 1/8-mile Vanity are Fowda, 118 pounds; Laramie Moon, 116; Re Toss and Withallprobability, 115 apiece; and Guiza, 112.

Also eligible for the race is Brought To Mind, Paseana’s stablemate, who was assigned 119 pounds. Brought To Mind, winner of the Vanity a year ago, is winless in three starts at Hollywood this season.

The last filly or mare to win the Vanity under a weight of 127 pounds or more was Cascapedia, who ran first with an impost of 129 in 1977.

Hollywood Park will take betting on the telecast of the $500,000 Suburban Handicap from Belmont Park Saturday. Post time for the Suburban will be 1:45 p.m., with nine live races after that.

Strike The Gold heads the Suburban field. Other expected to run are Sultry Song, back home in New York after winning the Hollywood Gold Cup, plus Pleasant Tap, Defensive Play, Silver Ending, Fly So Free and Loach. The owners of Strike The Gold recently bought Loach, who will be used as a pacemaker.

“I don’t think the rabbit in there will hurt me,” said Chris Speckert, who trains Pleasant Tap. “Maybe Loach will soften up the speed for my horse, who likes to come from behind like Strike The Gold.”

Horse Racing Notes

Reversing himself, trainer Ron McAnally decided to enter Tight Spot in Saturday’s $200,000 American Handicap at Hollywoood Park. McAnally was disappointed with the weights for the 1 1/8-mile grass race. Only five horses are entered, with favored Golden Pheasant drawing the rail. He will be ridden by Gary Stevens and carry 123 pounds. Outside Golden Pheasant will be Prudent Manner, 114 pounds, Chris McCarron; Tight Spot, 126, Laffit Pincay; Bold Russian, 116, Eddie Delahoussaye; and Man From Eldorado, 112, Kent Desormeaux. McAnally also trains Prudent Manner. If Tight Spot runs, he will have a chance to be the first repeat winner in the American since Bold Tropic in 1980-81.

The same day that Pine Bluff was retired because of a torn ligament, Furiously, another top 3-year-old training at Belmont Park, was injured. Furiously, undefeated in three starts, was expected to run Sunday in the Dwyer Stakes, but he is sidelined indefinitely with what might only be a bruise to his right front hoof. X-rays of the injury were negative. . . . Only four horses--Three Peat, Big Sur, Speakerphone and Glimmering Crest--were expected to challenge Furiously in the Dwyer, but the field might increase with him out.