Asmussen plans to appeal KHRC suspension in 30 days
Coach Steve Asmussen intends to appeal the 30-day suspension recently approved by the Kentucky Equestrian Commission.
Clark Brewster, Asmussen’s attorney, told Daily Racing Form his client will “file a lawsuit in Franklin Circuit Court in Kentucky to appeal the suspension.”
Asmussen was suspended January 23 following a December recommendation by state hearing officer Eden Davis Stephens following two drug-testing positives from horses Asmussen trained in 2018.
Trainee Asmussen Thousand percent and reckless tested above threshold for the metabolite of acepromazine, a sedative, in June 2018 at Churchill Downs and October 2018 at Keeneland after winning their respective races.
Brewster told DRF he will argue in the complaint that the hearing officer who heard the appeal of the original penalty erroneously applied a “duty of proof” in determining her judgment, and that Asmussen followed well-known standards for oral dosing. He believes the KHRC “instead adopted guidelines regarding intravenous injection, a sedative commonly used to calm sick horses or as an adjunct to exercise.” perform minor medical procedures.”
Following a September 2019 hearing, the administrators issued a simultaneous 30-day suspension in each case, with an additional 30-day suspension in the second case suspended for one year subject to non-compliance. Class A or Class B offenders. Asmussen is also subject to wallet confiscation and fines of $1,000 and $2,500. The suspension is upheld pending an appeal.