COVID-19 has temporarily adjourned the federal racehorse doping trial for Dr. Seth Fishman and Lisa Giannelli, two of 27 defendants in a case involving the use and distribution of narcotic drugs. trademarked and adulterated for the purpose of enhancing performance.
As the second week of the trial began, testimony was delayed after it was revealed that trial attorney Giannelli had tested positive for the sometimes-lethal illness before the trial could resume. Monday.
U.S. District Judge Mary Kay Vyskocil later erred on behalf of Giannelli because her attorney Louis Fasulo would not be able to return to court for at least 10 days.
“I can’t have a jury on ice for 10 days,” she said.
Fishman’s attorneys also asked for a wrongful conviction, but Vyskocil did not immediately rule on their actions. She said she was considering resumption of the trial with Fishman as the sole defendant.
The judge said under no circumstances would there be testimony in Monday’s case.
The trial opened on January 19 with a jury selection, followed by two days of opening and testimony from three witnesses.
Prosecutor Anden Chow told the jury Fishman and Giannelli ran a “black market drug business” for two decades, selling horse trainers around the country, performance-enhancing drugs. used for horses on race day and undetectable by mail -race testing. Prosecutors said the 11 trainers charged in the case acted to win lucrative sums with no regard for the health of their horses.
Most of the testimony the jury heard came from the government’s first witness, a 34-year-old woman, Courtney Adams, who worked at the Fishman’s South Florida property for five years through 2017. She said Fishman was shaped about making the drug untestable. .
Fishman’s attorney Maurice Sercarz told the jury that his client’s actions were consistent with his veterinary oath to protect the safety and welfare of animals. Fasulo said Giannelli doesn’t believe she did anything wrong while working for Fishman.
Both Fishman and Giannelli were released on bail and appeared in court Monday.
The United States District Court in New York implemented multiple COVID-19 protocols to avoid outbreaks. The witness stand has been equipped with a HEPA filter glass box. There is also a HEPA filter glass box for attorneys to use when they interrogate witnesses. Everyone in the courtroom, including the judge, must wear masks, but witnesses and attorneys can remove them if they are using the boxes.
Over the weekend, court officials implemented a new process. Require attorneys and witnesses to perform a rapid PCR test if they plan to remove their masks when using the boxes.
When Fasulo took the test according to the new procedure, he learned that the result was positive. He appeared in the courtroom briefly and then left. He spoke to the judge over an audio clip. His symptoms seemed mild, and he told Vyskocil he had a “tick in his throat”.
“I don’t know what we’re going to do. I feel terrible,” Fasulo said before agreeing to his lover. Giannelli’s new trial date has yet to be set.
Fishman’s attorney Marc Fernich said his client would insure his client a mistake by testing positive for COVID-19. He said the start of the test showed the difference between Fishman and Giannelli in terms of their defensive strategy.
“The defense has a right to a trial with a clean person,” Fernich said.
Still awaiting trial as trainer Jason Servis has a horse Maximum security 1st place in the 2019 Kentucky Derby presented by Woodford Rerserve (G1) only to be beaten for interfering with another horse. Prosecutors have charged Servis with doping dozens of horses in his stables, including Maximum Security.
Leading industry publications Thoroughbred are working together to cover this important trial.
