Derby winner Santos cleared

Richard Rosenblatt

Monday, May 12, 2003 | 11:05 a.m.

LOUISVILLE, Ky. -- Jockey Jose Santos was cleared today of any wrongdoing in riding Funny Cide to victory in the Kentucky Derby, two racing sources told the Associated Press.

Santos met with Churchill Downs stewards who investigated whether he held something in his hand besides his whip when he crossed the finish line on May 3. A photograph prompted the inquiry.

One of the sources, speaking on condition of anonymity, said there was no evidence Santos used an illegal device to win.

Santos and Bernie Hettel, chief state steward and executive director of the Kentucky Racing Commission, were scheduled to attend an afternoon news conference at Churchill Downs. A photo presentation was planned during the briefing.

After the 90-minute meeting at the track, Santos, along with his lawyer and agent, drove away without comment.

The stewards spent the weekend poring over scores of photos and videotape of Santos, one of the sources said. The stewards also searched the racetrack and turf course where Funny Cide and Santos crossed for postrace ceremonies and did not find any illegal device, the source said.

Stewards decided to investigate after the Miami Herald published a photo that appeared to show Santos might have been carrying something besides his whip in his right hand as he crossed the finish line. A Herald reporter on Thursday night brought the image to the attention of the stewards, who have ultimate authority over race results.

The Getty Images photo, which ran in several newspapers the morning after the race, depicts a dark area in the space between Santos' hand and his whip. It is unclear whether the area is a shadow, the green background of another jockey's silks or something else.

Funny Cide, a 12-1 shot, beat favorite Empire Maker by 1 3/4 lengths to become the first gelding to win the Derby since 1929.

Funny Cide could have been disqualified if it had been determined Santos carried something illegal, such as a hand-held electrical device to shock the horse into running faster.

Kentucky Racing Commission rules do not prohibit a jockey from holding an object besides his whip, other than those specifically banned.

Race replays show that Santos switched the whip from his right hand to his left and back to his right during the final three-sixteenths of a mile. Funny Cide's trainer, Barclay Tagg, said it would take a special jockey to pull off the feat while carrying something else.

"If you can move the reins and move the sticks (whip) and still get rid of something you have to be a pretty good juggler," the trainer said.

A Derby winner has been disqualified only once -- Dancer's Image in 1968 after he was given banned medication. Forward Pass was declared the winner.

Trainer Bobby Frankel reaffirmed his decision to enter Peace Rules in the Preakness on Saturday and run Empire Maker next in the Belmont Stakes on June 7.

Frankel had considered Empire Maker for the Preakness on the chance the Derby finish could change, but went back to his original plan.

Trainer Bob Baffert, who will saddle Senor Swinger in the Preakness, defended Santos, saying top riders "wouldn't even think to do anything like that." He said the stewards' ruling was good for racing.

"In this game, integrity is very important for us and for the gamblers," Baffert said.

"The bad thing is that it's the Kentucky Derby -- our most sacred race -- and that's why it's such a big deal."