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Author Topic: Taxi: Stolen from private property  (Read 1879 times)
Scav
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« on: August 20, 2014, 08:14:52 PM »

From Gail Vacca's lawyer......

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Yesterday I appeared in Court on the case of Rescue Me Racing, LLC v. Gail Vacca. I represent Ms. Vacca. I won across the board on my combined Motion to Dismiss the case; however, the court acknowledged a conflict exists and gave the Plaintiff time to file an amended complaint to get it done correctly. Rather than take that opportunity afforded to them by the court, certain members of the LLC chose instead to trespass onto private property, load up the horse Taxi in a trailer and take him back to Arlington Park. I will be appearing in court tomorrow at 10:30 a.m. before this judge on a Motion for a Rule to Show Cause for Contempt of Court and a Temporary Restraining Order. Once again, the public is welcome to attend the hearing at 100. S. Third St. Geneva, IL

These people are absolutely sickening, and should be dealt with the old country way. Unbelievable they would put this horse through this.

I would love to know WHICH trainer actually accepted the horse...
« Last Edit: August 24, 2014, 05:23:10 PM by jrstark » Report to moderator   Logged
The Turf Monster
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« Reply #1 on: August 20, 2014, 08:17:57 PM »

Do you guys want the list of people involved in the LLC?
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Scav
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« Reply #2 on: August 20, 2014, 08:18:52 PM »

Do you guys want the list of people involved in the LLC?

Ifs its public knowledge and it wouldn't get you or Janine in trouble. Please.
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The Turf Monster
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« Reply #3 on: August 20, 2014, 08:34:12 PM »

It's public information, I'll wait and see if Janine has a problem with it
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honest & balanced terry
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« Reply #4 on: August 20, 2014, 11:40:40 PM »

If you're going to post names just post the names of those who "chose instead to trespass onto private property, load up the horse Taxi in a trailer and take him back to Arlington Park." Don't post names of people who aren't involved with that, or you are the dick.
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« Reply #5 on: August 21, 2014, 07:04:52 AM »

If you're going to post names just post the names of those who "chose instead to trespass onto private property, load up the horse Taxi in a trailer and take him back to Arlington Park." Don't post names of people who aren't involved with that, or you are the dick.

Terry, if they are in the LLC, then they are responsible.
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Scav
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« Reply #6 on: August 21, 2014, 07:10:19 AM »

This situation is so ridiculous and really sours me. We have dealt with Gail essentially since we started in this industry as it was very important to us that we found a reliable and trustworthy non for profit when it came to 2nd homes for the horses that we raced.

I know from multiple situations that she does exactly this, and she goes above and beyond to make sure they are cared for.

Its been reported that Magna Fortuna, or Taxi, bled through lasix in an easy work. Take it from someone that has experience with this situation, it only gets worse and the 'tank' will solve it the first time, but won't cure it 100%.

I'm really sad that Gail is going through this and I just hope she finds the strength to continue her path in saving Tbreds, to a lesser individual, this would be the last straw.

I would really love to know if these culprits were first time owners, its the only explanation I can come up with why they are acting the way they are.
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Scav
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« Reply #7 on: August 21, 2014, 07:14:07 AM »

Terry, if they are in the LLC, then they are responsible.

I don't know for sure, but one would think this is a balance of power situation. I have to think that "Team Retire" has a lesser 'ownership' stake then "Team Put Taxi through the ringer"

I was researching some last night and I found something that stated that anything financial committments were based in the form as donations, but there is no way to confirm this.
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The Turf Monster
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« Reply #8 on: August 21, 2014, 07:20:04 AM »

Hawthorne had no problem publishing a handful of the partners - http://www.hawthorneracecourse.com/horsemen/stakes/milwaukeeavenueh-noms.pdf

It would be interesting to know which dirtbag horseman accepted the horse, I'm sure we will find out soon enough

This has to be one of the most disgusting stories that I've heard about in thoroughbred racing
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honest & balanced terry
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« Reply #9 on: August 21, 2014, 08:10:01 AM »

Terry, if they are in the LLC, then they are responsible.

So you're saying every single member of the LLC committed the criminal trespass and removal of the horse, not to mention all the other "bad" things that have allegedly taken place since the retirement of the horse?

I doubt that. When I was in various partnerships we were lucky to get two people to agree, let alone "all". From the lawyer's statement above, "certain members of the LLC chose instead to trespass onto private property, load up the horse etc". Not "all the members".

So what I'm saying is that if someone posts all the names in the LLC without identifying exactly which people are doing the alleged dastardly deeds, then they're painting everyone with the same stink brush, and that's just not right.
« Last Edit: August 21, 2014, 08:17:25 AM by honest & balanced terry » Report to moderator   Logged

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honest & balanced terry
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« Reply #10 on: August 21, 2014, 08:13:50 AM »

It would be interesting to know which dirtbag horseman accepted the horse, I'm sure we will find out soon enough

It will be interesting to see if the stews let the horse run, given the disputed ownership situation.

Quote
This has to be one of the most disgusting stories that I've heard about in thoroughbred racing

There are far worse, involving horses with far more wrong than bleeding through lasix. But this is troubling.

Of course, all we have read on this forum is one side of the story, and even that pretty much 2nd hand.
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« Reply #11 on: August 21, 2014, 08:17:29 AM »

Can someone tell me what happen here? Who owns the horse? If this attorney won "across the board" (I take that as winning every allegation in the pleadings) I don't know why a judge would allow them to "amend" their complaint. Their only recourse should be to appeal.
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The Turf Monster
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« Reply #12 on: August 21, 2014, 08:43:14 AM »

Can someone tell me what happen here? Who owns the horse? If this attorney won "across the board" (I take that as winning every allegation in the pleadings) I don't know why a judge would allow them to "amend" their complaint. Their only recourse should be to appeal.

It's difficult to know what's happening, since the Kane County courts are stuck back in the 1800s and don't put anything online.  That courthouse in Geneva is like walking back in time
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« Reply #13 on: August 21, 2014, 08:59:11 AM »

Scav,

Taxi is at Arlington and his trainer is not a scum bag.  No one stated that he is returning to training or going to race anytime soon.  It's a ownership dispute not a effort to torture Taxi.  He was not "stolen" as the judge did not indicate that he must remain in Gail's possession.  To answer Mel's question.  Every story has 2 sides this one needs more time to play itself out.

Sod
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mel4600
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« Reply #14 on: August 21, 2014, 09:10:02 AM »

answer Mel's question.  Every story has 2 sides this one needs more time to play itself out.

Sod

That is my exact thought. The judges ruling here makes no sense. I Don't even know the story about Taxi and what is going on.
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« Reply #15 on: August 21, 2014, 09:25:47 AM »

Of course, all we have read on this forum is one side of the story, and even that pretty much 2nd hand.

That's the truth.  Do we know what the owners were told when they bought in to the partnership?  Did they know they were buying into a rescue that might race, or did they think they were buying a race horse?  I've been involved with partners who could care less about the horse outside his/her earning potential.  They didn't think they had any responsibility when the horse couldn't race any more.

My question would be, were the partners still on the hook for Taxi's care after he was retired?  If so, did the investors in Taxi know going in that they were entering a 20 year commitment to pay for Taxi to live out his life?  
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« Reply #16 on: August 21, 2014, 09:41:38 AM »

Scav,

Taxi is at Arlington and his trainer is not a scum bag.  No one stated that he is returning to training or going to race anytime soon.  It's a ownership dispute not a effort to torture Taxi.  He was not "stolen" as the judge did not indicate that he must remain in Gail's possession.  To answer Mel's question.  Every story has 2 sides this one needs more time to play itself out.

Sod

Was the description of the act as "trespass onto private property" accurate, or did the members who did this have permission to access that property and remove that horse? Was it an open and aboveboard act, that someone at the farm (?) knew about, or was it a stealthy "dead of night" kind of thing?  
« Last Edit: August 21, 2014, 09:43:36 AM by honest & balanced terry » Report to moderator   Logged

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« Reply #17 on: August 21, 2014, 10:29:21 AM »

The horse was taken out of a grass paddock ending up at AP.

I assume because none of the "rescuers" had a barn or paddock to transfer him to. (or didn't want to pay board elsewhere)

How was he allowed on the backside? did he have current coggins, health certificate or jockey club papers, I would think not.

We all know AP is not in the business to board horses for free, once AP is made aware they will have the horse removed and imho should fine the trainer if rules were broken.
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« Reply #18 on: August 21, 2014, 11:03:40 AM »

Mel is making the most sense here.  The judge did not indicate that Taxi must remain at the farm with Gail.  Don't the other partners have the right to possess him as well?  We really need to see the partnership agreement to know for sure.  He could have been taken to a number of farms besides the track.  AP management is aware of the fact that he is on the property.

Sod 
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« Reply #19 on: August 21, 2014, 11:30:29 AM »

I hope someone will find the end of this story.  I would so like to know what happens to Taxi.
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« Reply #20 on: August 21, 2014, 12:44:09 PM »

You can't steal something you own........bring him back for the Hawthorne meet and run him for the nickel ........
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honest & balanced terry
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« Reply #21 on: August 21, 2014, 02:36:01 PM »

Mel is making the most sense here.  The judge did not indicate that Taxi must remain at the farm with Gail.  Don't the other partners have the right to possess him as well?

If I was partners with a guy on a boat that we kept at his house because he had a big garage, and suddenly we had a falling out and a dispute about ownership, how do you think the justice system would look upon me going over there, trespassing on his property or maybe breaking in, and hauling the boat off to my house?

Not real well, I don't think.
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« Reply #22 on: August 21, 2014, 03:10:07 PM »

If I was partners with a guy on a boat that we kept at his house because he had a big garage, and suddenly we had a falling out and a dispute about ownership, how do you think the justice system would look upon me going over there, trespassing on his property or maybe breaking in, and hauling the boat off to my house?

Not real well, I don't think.

You may or may not be guilty of trespassing or breaking & entering (depending on the circumstances)...you would not be guilty of theft if you own an interest in that horse.  If the party has no interest of ownership and no debt owed him/her against the animal and is withholding possession from the proper owner they could be guilty of unlawful possession or worse depending on the circumstances. I been in the courts enough to know that there is a lot more to this story than the opening statement.
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« Reply #23 on: August 21, 2014, 03:33:40 PM »

Scav,

Taxi is at Arlington and his trainer is not a scum bag.  No one stated that he is returning to training or going to race anytime soon.  It's a ownership dispute not a effort to torture Taxi.  He was not "stolen" as the judge did not indicate that he must remain in Gail's possession.  To answer Mel's question.  Every story has 2 sides this one needs more time to play itself out.

Sod

What more needs to be said. The horse was laid up after tearing his suspensory and then after the layoff, he bled through lasix out of the blue, gushing out his nose mind you, in a work , not an actual race, a work.

Now, I've managed about 40 horses in my time so far, never ONCE have I had one bleed in a WORK and our horses either DO NOT get lasix for AM Drills, or get 1/4 of what they are normally getting. I've had one bleed thru lasix in a race, and she was retired and donated a week after that race.

To me, as I continue to hear more and more about this, this is really about a certain group not wanting to let go, and liking the social and media attention that this horse gives them.

In an industry where the question is, "When is enough?" or "Have they done enough" the answer is a resounding YES in this horse's case, and he deserves to go to a 2nd career. 

And honestly, why in the world would these people send the horse to the track instead of a farm, when they are going to be paying like 4 times more to have the horse at Arlington. Dumb management if you ask me.
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The Turf Monster
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« Reply #24 on: August 21, 2014, 05:47:02 PM »

There's really not much more on the trainer that needs to be said other than that he/she is a scumbag

Mary Ann - this would be a great story for you to spread through all of the twitter links you follow
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« Reply #25 on: August 21, 2014, 06:15:03 PM »


Now, I've managed about 40 horses in my time so far, never ONCE have I had one bleed in a WORK and our horses either DO NOT get lasix for AM Drills, or get 1/4 of what they are normally getting. I've had one bleed thru lasix in a race, and she was retired and donated a week after that race.


How many first time starters did you have in your career?
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« Reply #26 on: August 21, 2014, 08:24:56 PM »

How many first time starters did you have in your career?

Probably 35 of them. Most were homebreds or horses bought at sales. Why does that matter?

I've probably already said too much on this whole thing, I'm pretty confident in my info and when it all comes out, and it will, the people causing issues will not end up looking good, and this will all end up being a waste of time for all involved.

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honest & balanced terry
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« Reply #27 on: August 21, 2014, 08:41:27 PM »

Never a dull moment on the backsides of racetracks.
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« Reply #28 on: August 21, 2014, 11:30:58 PM »

Probably 35 of them. Most were homebreds or horses bought at sales. Why does that matter?


So you had 35 horses that were first time starters and no lasix in the first race? True or false? If true, you are the only trainer in the last 25 years that can make that statement.
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« Reply #29 on: August 22, 2014, 06:27:18 AM »

So you had 35 horses that were first time starters and no lasix in the first race? True or false? If true, you are the only trainer in the last 25 years that can make that statement.

Hey Mel..How are you? Full disclosure here...Scav is my racing manager (not trainer) for Bob Gary Racing and his point on our # of starters is true. I have bought about 30 yearlings from Keeneland the last 10 years along with breeding 6 IL and Ontario Breds. Many have run and/or trained the first time with lasix, but have certainly never bled through it to the degree that the above mentioned horse seems to have. And if they had, it would have been instant retirement.  That is as far as I'm going in this debate because other than knowing that Gail has found great homes for any of my horses that weren't track worthy any more, I too do not know enough of the facts to comment and will stay out of this debate.
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« Reply #30 on: August 22, 2014, 07:34:29 AM »

So you had 35 horses that were first time starters and no lasix in the first race? True or false? If true, you are the only trainer in the last 25 years that can make that statement.

False, they ALL recieved lasix in first race but 1 or 2. All of our horses gets lasix because we are of the belief that it protects the horse.

I would rather prevent a horse from bleeding instead of waiting for him to bleed. Seeing a horse bleed out his nostrils is not for the faint of heart nor is it something I want any of our horses going through, so why not do whatever we can do to prevent it.
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« Reply #31 on: August 22, 2014, 09:29:44 AM »

Klink and Scav...I am not choosing sides her or trying to get into a debate. I know Klink is a good and honorable man and have no doubt that he does what he says. I also have a major fault in treating horses like pets more than I should and put their well being #1. I still have horses that I raced and retired finding good homes for them and never taking a dime. I still have a 14 year old that was my favorite on a farm near me that I pay for every month (not just out in a pasture, still have him groomed regularly and he looks race ready today). Pinnacle Farm in Wisconsin is a great place to keep your horse long term or short term.

Having said all that, I like to hear the other side of the story before I make a decision. Scav, when you said you never had a horse bleed during a work yet the majority of 35 or so horses had their first start with lasix, I am of the understanding that a horse must bleed first before they are allowed to use lasix. Has that changed? I also did some research on this horse "Taxi" and if this is a 3 year old I can't find any races or published works on this horse. The only other horses called Tax are to old to be racing with the exception of one in Mexico.

Lastly, I like when people who mistreat horses are exposed for what they are, I just like to see all the facts first.
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« Reply #32 on: August 22, 2014, 09:55:11 AM »

Klink and Scav...I am not choosing sides her or trying to get into a debate. I know Klink is a good and honorable man and have no doubt that he does what he says. I also have a major fault in treating horses like pets more than I should and put their well being #1. I still have horses that I raced and retired finding good homes for them and never taking a dime. I still have a 14 year old that was my favorite on a farm near me that I pay for every month (not just out in a pasture, still have him groomed regularly and he looks race ready today). Pinnacle Farm in Wisconsin is a great place to keep your horse long term or short term.

Having said all that, I like to hear the other side of the story before I make a decision. Scav, when you said you never had a horse bleed during a work yet the majority of 35 or so horses had their first start with lasix, I am of the understanding that a horse must bleed first before they are allowed to use lasix. Has that changed? I also did some research on this horse "Taxi" and if this is a 3 year old I can't find any races or published works on this horse. The only other horses called Tax are to old to be racing with the exception of one in Mexico.

Lastly, I like when people who mistreat horses are exposed for what they are, I just like to see all the facts first.
Taxi is a nickname his real name is MAGNA FORTUNA also witnessing a horse bleed before being allowed Lasix went out about 25 years ago its now allowed as a race day treatment regardless...........
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« Reply #33 on: August 22, 2014, 10:09:43 AM »

Taxi is a nickname his real name is MAGNA FORTUNA also witnessing a horse bled before being allowed Lasix went out about 25 years ago its now allowed as a race day treatment regardless...........


Ahhh...thanks for all the clarity.
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« Reply #34 on: August 22, 2014, 10:28:12 AM »

Klink and Scav...I am not choosing sides her or trying to get into a debate. I know Klink is a good and honorable man and have no doubt that he does what he says. I also have a major fault in treating horses like pets more than I should and put their well being #1. I still have horses that I raced and retired finding good homes for them and never taking a dime. I still have a 14 year old that was my favorite on a farm near me that I pay for every month (not just out in a pasture, still have him groomed regularly and he looks race ready today). Pinnacle Farm in Wisconsin is a great place to keep your horse long term or short term.

Lastly, I like when people who mistreat horses are exposed for what they are, I just like to see all the facts first.
This breeder attached a note on her Jockey club papers, yet that wasn't good enough

http://offtrackthoroughbreds.com/2014/08/21/breeder-takes-starved-t-bred-home-in-tears/
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« Reply #35 on: August 22, 2014, 10:43:18 AM »

This breeder attached a note on her Jockey club papers, yet that wasn't good enough

http://offtrackthoroughbreds.com/2014/08/21/breeder-takes-starved-t-bred-home-in-tears/


This is a horrific story! Hopes the horse makes a 100% recovery.
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« Reply #36 on: August 22, 2014, 11:04:16 AM »

Hawthorne had no problem publishing a handful of the partners - http://www.hawthorneracecourse.com/horsemen/stakes/milwaukeeavenueh-noms.pdf

It would be interesting to know which dirtbag horseman accepted the horse, I'm sure we will find out soon enough

This has to be one of the most disgusting stories that I've heard about in thoroughbred racing
Seems like the turf monster has his or her own agenda.
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« Reply #37 on: August 22, 2014, 11:45:11 AM »

Seems like the turf monster has his or her own agenda.

My agenda here is the ethical treatment of this horse

I do not know who has the horse, and I do not know who made the decision to move it to the track.  All I know is that it's been demonstrated that this horse is put in a painful condition when treated as a racehorse, and it is therefore unethical to treat it as a racehorse. 
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« Reply #38 on: August 22, 2014, 11:52:38 AM »

Seems like the turf monster has his or her own agenda.

TTM judges quickly and judges harshly, no matter what the subject. You just learn to take it for what it is.
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« Reply #39 on: August 22, 2014, 02:08:28 PM »

Most, if not all, horseplayers I've ever met believe the horse's welfare should come first. In addition, we do believe that an unsound horse in a race is deceitful to the horseplayer because our expectation is that only sound horses are in a race. In Taxi's case, had his planned retirement not been publicized, I doubt I would have seen anything in his past performances to have known he had serious bleeding while on Lasix during a workout. Now that I know about it, I would not wager on him. I don't understand why anyone would want to race him again when we are aware of his physical problems as well as the dispute that's going on with the owners.
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« Reply #40 on: August 28, 2014, 09:24:36 AM »

Ray Paulick has a story with more details:

http://www.paulickreport.com/news/ray-s-paddock/court-battle-sullies-feel-good-story-of-rescue-racehorse-magna-fortuna/

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« Reply #41 on: August 28, 2014, 10:00:10 AM »

Donohoe and Boyce are disgusting people, absolute human trash
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« Reply #42 on: August 28, 2014, 10:00:38 AM »


Well, at least the partners are back in the public eye.
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« Reply #43 on: August 28, 2014, 10:01:47 AM »

Donohoe and Boyce are disgusting people, absolute human trash

I think the story did a good job explaining their side of things.
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« Reply #44 on: August 28, 2014, 10:11:28 AM »

It did, but they're trash because they were front and center blogging and giving interviews when the horse's story first came out and with subsequent victories.  As soon as the horse's well being was called into question, they ran to court and subsequently repossessed the horse that was unfit to race.

If they are doing this because the horse wants to race, I'm sure Boyce is training it for free and Donohoe/the LLC will be donating its winnings to charity - right?  You and I both know that this is about dirtbag horsemen trying to squeeze every last penny out of a horse against its well-being
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« Reply #45 on: August 28, 2014, 01:10:54 PM »

Having just caught up on this thread, I wanted to thank everyone for their concern regarding Taxi's well-being. While I am cautioned by legal counsel as to what I can and cannot disclose, please know that we fully intend to take any and all legal steps available to us to protect Taxi.

 
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mottoman
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« Reply #46 on: August 28, 2014, 01:12:26 PM »

Happens every day at tracks all over the country, racing is not exactly a public zoo!
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APCD Dan
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« Reply #47 on: August 28, 2014, 03:27:38 PM »

I think the story did a good job explaining their side of things.

This was a good article and let me know there are TWO sides to this story.  I think both sides have some valid claims and both sides really care for the horse.
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childewood
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« Reply #48 on: August 29, 2014, 11:56:59 AM »

I hope Taxi runs.
If he runs that means he is a healthy horse.
I know the connections would not race a horse unfit for racing.
I agree with Dan, Paulick's story was from both sides. Well done, Ray...
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