40th Anniversary Penn National Race Course
Jockey Kendrick Carmouche, riding Ski Holiday, takes the lead coming down the final stretch, at Hollywood Casino and Penn National Race Course in Grantville Wednesday August 29, 2012. CHRIS KNIGHT, The Patriot-News
Concluding that the government's allegations don't support the charges, a federal judge has dismissed the criminal indictment against one of four defendants in a horse doping case at Penn National Race Course.
The ruling issued this week by U.S. Middle District Senior Judge William W. Caldwell dismissing the indictment against horse trainer Samuel Webb of Jonestown comes seven months after the highly publicized arrests of Webb and his co-defendants.
The others charged in the case — trainers Patricia Rogers of Hummelstown and David Wells of Grantville and Danny Robertson of Hershey, an employee of the race course in Dauphin County's East Hanover Township — still stand. Those three have pleaded not guilty and are scheduled to be tried this summer.
In throwing out Webb's indictment, Caldwell agreed with defense attorney Terrence McGowan's arguments that prosecutors had not made allegations to back the charges of attempted wire fraud and illegal use of an interstate facility lodged against Webb.
Investigators charged that Webb had tried to rig races by giving horses performance enhancing substances. They claimed that in May 2013 he was seen in a barn at Penn National injecting or preparing to inject something into a horse named Papaleo and that several loaded and empty syringes were found in Webb's pockets.
In seeking to void the indictment, McGowan contended there was nothing presented in it to show Webb tried to use interstate communications networks — the track's parimutuel wagering and simulcast systems — to commit or further a fraud.
And, McGowan argued, there was no allegation that the alleged doping scheme would have generated more money for Webb simply because the simulcast and parimutuel systems would have televised and allowed off-track betting on races in which his horses were involved.
In voiding the indictment, Caldwell agreed with McGowan's contention that the indictment contained no allegation that Webb used the interstate systems to bet on his horses or to urge others to bet on them.