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CARLOS J. F. RAMOS v. COMMONWEALTH PENNSYLVANIA (07/13/79)

decided: July 13, 1979.

CARLOS J. F. RAMOS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA STATE HORSE RACING COMMISSION, RESPONDENT



Appeal from the Order of the Pennsylvania State Horse Racing Commission in case of In Re: Carlos J. F. Ramos, No. 78-026.

COUNSEL

David A. Searles and Peter J. Pinnola, for appellant.

Larrick B. Stapleton, for appellee.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 44 Pa. Commw. Page 225]

This is a petition for review from an Adjudication and Order of the Pennsylvania State Horse Racing Commission (Commission) suspending petitioner's trainer's license for a period of five years from the date of the original ruling by the Board of Stewards at Keystone Race Track. We affirm.

One question and one question alone is raised -- was the five year suspension ordered by the Commission supported by substantial evidence?

We have carefully read the relatively short (111 typed pages) record and the exhibits, including notably a signed statement of petitioner. The facts are that petitioner was charged, inter alia,*fn1 with possession of certain hypodermic syringes, hypodermic needles, and injectable drugs, referred to by petitioner as prohibited drug paraphernalia. This drug paraphernalia was found in a "Murry's Steaks" bag in a search of room 16, Dormitory No. 12, at Keystone Race Track. Room 16, together with room 19, had been assigned for use by two of petitioner's grooms, neither of whom were in his employ at the time the drug paraphernalia was found in the "Murry's Steaks" bag in room 16. One groom, Rufen Rosado, who had occupied room 16 testified that he had vacated room 16 and removed all his belongings before the drug paraphernalia was found. He testified he had seen the petitioner with the

[ 44 Pa. Commw. Page 226]

    drug paraphernalia in the "Murry's Steaks" bag at barn 25, while he was working for petitioner. He testified further that he had held horses while the petitioner used the drug paraphernalia.

A. I used to see him stick the horses with those things.

Q. Indicating the syringes in Exhibit 3. [The 'Murry's Steaks' bag] Do you mean you saw him ...


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