For Bernstein, Is It a Recipe for Redemption?

A visitor to David Bernstein’s barn at Santa Anita handed the trainer a yellowed, tattered copy of the Daily Racing Form’s chart of the 1994 Santa Anita Handicap.

Bernstein held the newspaper clipping in his hand. Many a horseman in Bernstein’s position might have wadded it up and fired it into the nearest wastebasket.

“Yes, this is it,” Bernstein said, squinting to look at the chart. “I get asked about this a lot. But there’s nothing you can do about it now, is there?”

Eleven years later, the result hasn’t changed. There’s still a “D” next to The Wicked North’s name, indicating that the Bernstein trainee had been disqualified from first to fourth place in the $1-million race. The horse’s purse money shrank from $550,000 to $75,000, not to mention a probable bump in his value when he went to the breeding shed. The Wicked North won a couple of other Grade I races after the Big ‘Cap, but none as far as 1 1/4 miles.

Bernstein, 65, has had only one starter in the Big ‘Cap, but he’s back today, for the 68th running, with Truly A Judge, a 7-year-old gelding who four years ago was bouncing from trainer to trainer in Southern California’s low-level claiming game.

Unlike The Wicked North, who was favored in 1994, Truly A Judge is 12-1 on the morning line. Much of the money today will be plunked down on Saint Liam, the 5-2 favorite from Florida, and Rock Hard Ten, the statuesque second choice who’s trying to become the first Strub winner to add the Big ‘Cap since General Challenge in 2000.

“I hope we can give it a shot,” Bernstein said of Truly A Judge when post positions were drawn Wednesday. “I hope we get to keep whatever we get.”

Stuka, who finished 1 1/2 lengths behind The Wicked North in 1994, was moved to first after Santa Anita’s stewards -- Ingrid Fermin, Pete Pedersen and Tom Ward -- reviewed the outcome for about 10 minutes and unanimously agreed that Bernstein’s horse came over and bothered Myrakalu at the top of the stretch. Myrakalu finished fourth, almost three lengths behind The Wicked North, and missed third place by a nose. After the disqualification, the stewards moved up the first three finishers and dropped The Wicked North to fourth, behind the horse he interfered with.

The Big ‘Cap was the only major stake Stuka ever won. Someone said to Bernstein a few days ago that Gary Jones, who trained Stuka for the late Allen Paulson, was the most surprised person at the track.

“Second most surprised,” Bernstein said.

In a crowd of 34,000, it turned ugly in the winner’s circle, where Allen and Madeleine Paulson came to pose for pictures with Stuka. Kent Desormeaux, the rider of The Wicked North, stormed off, crabbing that the stewards had cost him $55,000, his share of the winning purse. A woman in the Paulson party was struck in the forehead by a flying cigarette lighter. Mike Willman, the telecaster, was hit in the back by a ballpoint pen.

“There were a lot of vitriolic letters afterward,” said Pedersen, a steward since 1948 and one of today’s officials. “If there had been e-mail then like we have now, I’m sure we wouldn’t have been able to wade through all the complaints. But we had no trouble making the decision. We followed the rules. We were looking for reasons to leave The Wicked North’s number up, but we couldn’t find any.”

The night of the race, Pedersen went to dinner at The Derby restaurant, near Santa Anita. Bernstein and his party were seated at a nearby table.

When Bernstein left, according to the steward, he stopped by Pedersen’s table and said: “Both of us had a real tough time today, didn’t we?”

Pedersen was expecting much worse. “That was a classy thing for David to do, wasn’t it?” Pedersen said.

The late Phil Hersh, who owned The Wicked North with his wife, Sophie, appealed the stewards’ decision to the California Horse Racing Board. After a 6 1/2 -hour hearing, the board ruled two months later that Stuka’s win would stand.

There was some succor for the Hershes and Bernstein by year’s end. The Wicked North, who went on to win the Oaklawn Handicap and the Californian at Hollywood Park before suffering a career-ending injury as the 3-5 favorite in the Hollywood Gold Cup, was voted the Eclipse award as best older male horse. He beat out Colonial Affair and Devil His Due in a close vote. Unsuccessful at stud, The Wicked North has moved around, from California to New York to Kentucky, where he currently stands for a $2,500 fee.

“He was the best horse I ever had,” Bernstein said.

Both The Wicked North and Truly A Judge came cheaply. Bernstein bought The Wicked North for $10,000 at a yearling auction (the horse earned $1.1 million). To get Truly A Judge for his owners -- Alan Adelman, Gaylord Ailshie and Tom Harris -- Bernstein claimed him off trainer Sean McCarthy for $20,000 at Santa Anita in October 2001. A month before, when trainer Jack Carava ran Truly A Judge for $20,000 at Del Mar, Bernstein and 11 other trainers all put in claims. In a roll of numbered pills, McCarthy got the horse. Bernstein needed to win a four-trainer shake the day he claimed him from McCarthy.

In his first start for Bernstein, Truly A Judge could have been claimed for $32,000 as he won at Hollywood Park, but there were no takers.

“We just got lucky,” Bernstein said. “All we thought we were getting was a $20,000 horse. A hard-trying horse with speed who could run long, which is what we were looking for.”

Truly A Judge has earned an estimated $600,000 for his current owners. For jockey Martin Pedroza, he won the Native Diver Handicap at Hollywood in December and the San Gabriel Handicap at Santa Anita on Jan. 1, and a month ago he finished second to Lundy’s Liability, another Big ‘Cap contender, in the San Antonio Handicap.

“I’m not sure he belongs,” Bernstein said, “but he worked six furlongs in 1:11 1/5 , and if he’s not fit after that, he’ll never be. Maturity has helped him, and he’s overcome some foot problems. Like a fine wine, he’s gotten better with age.”