Motion Filed by Rich Strike Team Over Alleged Toe Grabs

An attorney representing RED TR-Racing, which owns Kentucky Derby Presented by Woodford Reserve (G1) winner Rich Strike , submitted Dec. 2 a motion to the Horseracing Integrity and Safety Authority asking it to reconsider its decision in not finding a competitor in violation of regulations regarding wearing toe grabs.

The violation of HISA rule 2276 allegedly happened in the Oct. 1 Lukas Classic Stakes (G2) at Churchill Downs where Hot Rod Charlie  defeated Rich Strike by a head. On Oct. 18, HISA announced an investigation into the race concluded the Doug O'Neill trainee was not in violation.

Lexington-based attorney Barry Hunter filed the motion.

In the motion, Hunter wrote that RED TR-Racing has "yet to be provided the opportunity to inspect the shoes allegedly worn" by Hot Rod Charlie during the Lukas Classic. Those shoes are in HISA's custody, he wrote. 

He added that RED TR-Racing "has not been given the opportunity to confront the testimony that (Hot Rod Charlie's) farrier gave" to the Kentucky Horse Racing Commission stewards "about the condition" of the shoes.

CROSBY, McCROSKEY: HISA: Hot Rod Charlie Not in Violation in Lukas Classic

As part of this motion, Hunter included enhanced photos that allegedly show Hot Rod Charlie wearing toe grabs. Hunter also enlisted another Lexington-based attorney, Frank Becker, who has photography experience. 

Becker examined 50 different photos from the race that were taken by four different photographers during the Lukas Classic. Becker determined in his evaluation that Hot Rod Charlie did wear toe grabs. 

Hunter wrote if HISA "believes that the photographic evidence is not conclusive on this matter," RED TR-Racing "requests that it be permitted to submit additional evidence, as well as testimony at a hearing at which (it) can confront the farrier testimony."