Board Admits Mistake; Valenzuela to Return

The California Horse Racing Board, conceding Friday that it made a crucial error in wording the suspension of jockey Pat Valenzuela, adopted the decision of an administrative law judge, clearing the way for the rider to resume work at Santa Anita.

While Valenzuela and his attorney, Neil Papiano, were pleased that the jockey might soon return to riding for the first time since July 1, they were not happy that the relicensing process will not start until Thursday. Papiano said that he might go to court early next week in an attempt to get the board to move more quickly.

“What is this, Siberia?” Papiano said. “They’re not letting him earn a living. First they told me we could meet at 8:30 [Friday morning]. Then they called back and said we couldn’t get together until Thursday. I told them, ‘See you in court.’ It’s patently obvious what they’re trying to do.”

The law judge, H. Stuart Waxman, had ruled that a suspension of Valenzuela on July 2 at Hollywood Park was to be vacated. The racing board, which was not bound to honor Waxman’s opinion, admitted that in an earlier suspension it meant to say Valenzuela was subject to “hair-strand testing.” Instead, the suspension read “hair-follicle testing,” and a board investigator, seeing that Valenzuela had shaved his body, said the jockey couldn’t be tested.

In his decision, Waxman made a distinction between follicles and strands, and said that Valenzuela had never been required to produce hair “from above the skin surface.”

Hair testing for drugs can be a check for longer periods than urine or blood tests.

Waxman said that Valenzuela’s suspension in July was “arbitrary, capricious and an abuse of discretion.”

Valenzuela, whose drug use has led to 11 suspensions or license revocations during a sometimes spectacular career, was given a hearing in August at Del Mar, after which he was suspended for the rest of the year. State stewards there also recommended that Valenzuela not be licensed again.

One of the stewards at Del Mar, Ingrid Fermin, has since been appointed executive director of the racing board. Fermin, a board spokesman said Friday, would be involved in his relicensing as a jockey. “That’s not right,” Papiano said. “She was one of the stewards who wanted to ban Pat for life. She should disqualify herself.”

The other stewards at Del Mar, George Slender and Tom Ward, are currently officiating races at Santa Anita. Both declined to comment Friday about the board’s action. The board announced its decision behind closed doors and the six members in attendance were not immediately available to the media.

Valenzuela reportedly initiated the licensing process Wednesday.

“This is something that usually takes about 15 minutes,” said Corey Black, a retired jockey and former agent for Valenzuela.

In a telephone interview, Valenzuela said that he had been approached by trainers to ride some promising 3-year-olds in the San Rafael Stakes at Santa Anita next Saturday. The San Rafael is an early prep for the Kentucky Derby.

“If Pat doesn’t get reinstated soon, he’ll miss that race,” Papiano said. “I think that’s what this is all about.”

Valenzuela, 42, said that he weighs 117 or 118 pounds, which is close to his riding weight.

“I’m ready to ride,” he said. “But what they’re doing now is not right. It’s baloney.”

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