Marcia D
04-12-2006, 02:56 PM
This letter was written in response to a request from Carlos Lopez.
Carlos,
Thank you for calling me yesterday to ask for clarification surrounding this situation.
As you are aware, I represented Kelley Cox and Maria Bonita Paso Fino Farm before USEF in regard to this charge. I would like to clarify the misconceptions and accusations that are being made and provide you and your readers with the factual account of the circumstances that led to this charge. The purpose of this post is to set the record straight.
First and foremost, let me start by saying that it is an honor and privilege for me to represent the trainers, owners, and breeders of our association in matters before the USEF disciplinary committee. As I have commented many times before, I believe the USEF committee is the most fair and unbiased administrative board I have ever appeared before on behalf of my clients. I believe others who have had experiences with USEF will confirm my statement.
Second, this is not a PFHA sanction. The USEF runs the drug testing program and all charges come through that organization. USEF has the ability under its rules to disqualify horses from competitions based upon positive drug screens. In my research of other USEF cases, I did not find one single instance where a horse was not disqualified after a positive drug screen. I spoke with Mr. Marcello about this and he confirmed, in his recollection, that disqualification was always the result.
Third, USEF does not charge based on intent or motive. If the drug screen is positive, there is a charge -- no ifs, ands, or buts about it. The fact that in our situation it was unknowing and unintentional goes to the level of the penalty, not to whether someone will be charged. As I stated above, positive screen -- always a charge.
Fourth, Kelley was not suspended. Maria Bonita Paso Finos was not suspended.
Fifth, the sanction imposed was a low monetary fine and disqualification. In my research, this was one of the lowest fines imposed on a drug charge.
Here is exactly what happened:
1. Kelley and the Winning Colors team traveled to Perry, Georgia for the Grand National Show on Friday, September 16, 2005. After Kelley worked Arco Iris on Saturday, she noticed that small spots/lesions had formed on his back. She immediately summoned a veterinarian to the stall to evaluate the lesions and prescribe treatment. Recommendations were made and Kelley filed reports with the show office in regard to this veterinary treatment.
2. Despite the treatment, the rash, which was eventually diagnosed as a fungal infection, continued to spread throughout the show although it did not seem to affect Arco Iris’ comfort level or willingness to work.
3. Immediately, and I mean immediately, prior to the championship class on Saturday, a trainer who had been working with Kelley to prepare Arco Iris gave her a cream to put on the lesion that was under the saddle pad. Kelley did not own this cream, was not familiar with the product, but used it based upon the recommendation of the other trainer. The cream had a red plastic wrap around it that obscured the name of the product. Kelley was completely unaware that it contained a prohibited substance. Obviously, had she known, she would never have used it.
4. Immediately following the championship class, the USEF drug vet selected Arco Iris for a drug screen. This was a random selection done by the USEF vet -- they select the class to screen at random and either the 1st or 2nd place horse is always screened. In this instance, it was Arco Iris.
5. Kelley and Maria Bonita Paso Fino Farm were notified on December 5, 2005 that the drug screen was positive for the substance contained in the cream. Kelley and Mr. Luis Alfredo Caceres, the owner of Maria Bonita, notified me immediately and asked me to represent them in the USEF matter. I gladly accepted.
6. After reviewing the circumstances surrounding the charge and discussing the case with Kelley, Mr. Caceres, and veterinary experts, we submitted a request for plea agreement to the USEF Executive Director. In response to our request, a plea agreement was offered to us, we accepted it, and it was approved by the disciplinary committee.
7. This offer, acceptance, and approval process takes time. Until the hearing committee approves the agreement, the case is in the hearing stage. It is only after the approval that it becomes public record. I believe that it was approved in mid March.
As is usually the case when I am representing trainers, I ask people in the breed to write character or reference letters on behalf of my client that I can submit to the association. I was literally deluged with support letters from around the country and with offers from many people to come and testify at a hearing in Kentucky if necessary.
Here are some of the comments:
a. “When I decided to send a horse to Kelley it merely wasn’t the fact of what a caring, honest and highly skilled trainer that she was …..it was more important that I felt my daughter needed a good role model in this breed and my husband and I knew that Kelley was that person.”
b. "Our fifteen year old granddaughter spends the summer with us and is interested in working with Paso Fino Horses. There is only one farm we would consider having her spend time at and that's Winning Colors and Kelley Cox. What greater recommendation can we give about a person's character than to send our granddaughter to spend such time with such an upstanding and outstanding trainer....As retired educators we find Kelley to be refreshing and a role model for young people."
c. "We cannot emphasize enough what a wonderful young lady she is. We hold her in the highest esteem. A young lady anyone would be proud and humble to have as a friend, daughter, or business associate."
And finally this one sent to Kelley after the 2004 Spectrum class:
Dear Kelley,
Although I spoke briefly to you Sunday morning, I wanted to pass along my congratulations to you for an outstanding class on Arco Iris. Frankly, it was the most exciting class I have ever seen and I can only imagine how it must have felt to be riding. As a spectator, it was wonderful to watch you and Fabio going head to head around the entire arena -- both working so hard for so long...
When I talked with your mother on Sunday, I told her that you probably don't realize what an impact you have made on this breed. You are one of the few women Paso Fino trainers to consistently and routinely succeed in all facets of this male dominated sport. As someone who has faced those same challenges herself, I know how difficult that can be. Fortunately, for me, there was a generation of women lawyers ahead of me who made it easier. You, however, are one of the pioneers. You may not realize it today but twenty years from now, all of those little girls who look up to you will be following in your footsteps because you are one of the ones who are making it possible for them. Please continue to be the role model that you are."
*****
You have probably guessed by now that I wrote Kelley that letter almost two years ago. My regard and respect for Kelley has only grown since that time.
In my submissions to the USEF board, I made the following statement to them and now to you:
"It is only when all of the circumstances are known, weighed, and considered that the trier of the facts can make a fair and just decision. Clearly the evidence demonstrates that this was a mistake and there was no intent on Kelley's part to violate any rule or protocol. It is without question that Kelley has and will learn from this mistake and no doubt will work to educate others in the breed on this issue. Surely, in a situation such as this, the board has the ability to temper a penalty after an evaluation of the facts."
That is exactly what happened in this case.
I would encourage everyone to download and read the USEF rulebook. It is on the www.USEF.org website.
Respectfully submitted,
Marcia Davis
Counsel for Maria Bonita Paso Finos and Kelley Cox
Carlos,
Thank you for calling me yesterday to ask for clarification surrounding this situation.
As you are aware, I represented Kelley Cox and Maria Bonita Paso Fino Farm before USEF in regard to this charge. I would like to clarify the misconceptions and accusations that are being made and provide you and your readers with the factual account of the circumstances that led to this charge. The purpose of this post is to set the record straight.
First and foremost, let me start by saying that it is an honor and privilege for me to represent the trainers, owners, and breeders of our association in matters before the USEF disciplinary committee. As I have commented many times before, I believe the USEF committee is the most fair and unbiased administrative board I have ever appeared before on behalf of my clients. I believe others who have had experiences with USEF will confirm my statement.
Second, this is not a PFHA sanction. The USEF runs the drug testing program and all charges come through that organization. USEF has the ability under its rules to disqualify horses from competitions based upon positive drug screens. In my research of other USEF cases, I did not find one single instance where a horse was not disqualified after a positive drug screen. I spoke with Mr. Marcello about this and he confirmed, in his recollection, that disqualification was always the result.
Third, USEF does not charge based on intent or motive. If the drug screen is positive, there is a charge -- no ifs, ands, or buts about it. The fact that in our situation it was unknowing and unintentional goes to the level of the penalty, not to whether someone will be charged. As I stated above, positive screen -- always a charge.
Fourth, Kelley was not suspended. Maria Bonita Paso Finos was not suspended.
Fifth, the sanction imposed was a low monetary fine and disqualification. In my research, this was one of the lowest fines imposed on a drug charge.
Here is exactly what happened:
1. Kelley and the Winning Colors team traveled to Perry, Georgia for the Grand National Show on Friday, September 16, 2005. After Kelley worked Arco Iris on Saturday, she noticed that small spots/lesions had formed on his back. She immediately summoned a veterinarian to the stall to evaluate the lesions and prescribe treatment. Recommendations were made and Kelley filed reports with the show office in regard to this veterinary treatment.
2. Despite the treatment, the rash, which was eventually diagnosed as a fungal infection, continued to spread throughout the show although it did not seem to affect Arco Iris’ comfort level or willingness to work.
3. Immediately, and I mean immediately, prior to the championship class on Saturday, a trainer who had been working with Kelley to prepare Arco Iris gave her a cream to put on the lesion that was under the saddle pad. Kelley did not own this cream, was not familiar with the product, but used it based upon the recommendation of the other trainer. The cream had a red plastic wrap around it that obscured the name of the product. Kelley was completely unaware that it contained a prohibited substance. Obviously, had she known, she would never have used it.
4. Immediately following the championship class, the USEF drug vet selected Arco Iris for a drug screen. This was a random selection done by the USEF vet -- they select the class to screen at random and either the 1st or 2nd place horse is always screened. In this instance, it was Arco Iris.
5. Kelley and Maria Bonita Paso Fino Farm were notified on December 5, 2005 that the drug screen was positive for the substance contained in the cream. Kelley and Mr. Luis Alfredo Caceres, the owner of Maria Bonita, notified me immediately and asked me to represent them in the USEF matter. I gladly accepted.
6. After reviewing the circumstances surrounding the charge and discussing the case with Kelley, Mr. Caceres, and veterinary experts, we submitted a request for plea agreement to the USEF Executive Director. In response to our request, a plea agreement was offered to us, we accepted it, and it was approved by the disciplinary committee.
7. This offer, acceptance, and approval process takes time. Until the hearing committee approves the agreement, the case is in the hearing stage. It is only after the approval that it becomes public record. I believe that it was approved in mid March.
As is usually the case when I am representing trainers, I ask people in the breed to write character or reference letters on behalf of my client that I can submit to the association. I was literally deluged with support letters from around the country and with offers from many people to come and testify at a hearing in Kentucky if necessary.
Here are some of the comments:
a. “When I decided to send a horse to Kelley it merely wasn’t the fact of what a caring, honest and highly skilled trainer that she was …..it was more important that I felt my daughter needed a good role model in this breed and my husband and I knew that Kelley was that person.”
b. "Our fifteen year old granddaughter spends the summer with us and is interested in working with Paso Fino Horses. There is only one farm we would consider having her spend time at and that's Winning Colors and Kelley Cox. What greater recommendation can we give about a person's character than to send our granddaughter to spend such time with such an upstanding and outstanding trainer....As retired educators we find Kelley to be refreshing and a role model for young people."
c. "We cannot emphasize enough what a wonderful young lady she is. We hold her in the highest esteem. A young lady anyone would be proud and humble to have as a friend, daughter, or business associate."
And finally this one sent to Kelley after the 2004 Spectrum class:
Dear Kelley,
Although I spoke briefly to you Sunday morning, I wanted to pass along my congratulations to you for an outstanding class on Arco Iris. Frankly, it was the most exciting class I have ever seen and I can only imagine how it must have felt to be riding. As a spectator, it was wonderful to watch you and Fabio going head to head around the entire arena -- both working so hard for so long...
When I talked with your mother on Sunday, I told her that you probably don't realize what an impact you have made on this breed. You are one of the few women Paso Fino trainers to consistently and routinely succeed in all facets of this male dominated sport. As someone who has faced those same challenges herself, I know how difficult that can be. Fortunately, for me, there was a generation of women lawyers ahead of me who made it easier. You, however, are one of the pioneers. You may not realize it today but twenty years from now, all of those little girls who look up to you will be following in your footsteps because you are one of the ones who are making it possible for them. Please continue to be the role model that you are."
*****
You have probably guessed by now that I wrote Kelley that letter almost two years ago. My regard and respect for Kelley has only grown since that time.
In my submissions to the USEF board, I made the following statement to them and now to you:
"It is only when all of the circumstances are known, weighed, and considered that the trier of the facts can make a fair and just decision. Clearly the evidence demonstrates that this was a mistake and there was no intent on Kelley's part to violate any rule or protocol. It is without question that Kelley has and will learn from this mistake and no doubt will work to educate others in the breed on this issue. Surely, in a situation such as this, the board has the ability to temper a penalty after an evaluation of the facts."
That is exactly what happened in this case.
I would encourage everyone to download and read the USEF rulebook. It is on the www.USEF.org website.
Respectfully submitted,
Marcia Davis
Counsel for Maria Bonita Paso Finos and Kelley Cox