Investigation clears Funny Cide jockey

Stewards' investigation concludes Santos had nothing in his hand besides a whip.

By Richard Rosenblatt ~ The Associated Press

LOUISVILLE, Ky. -- Jose Santos was cleared Monday of wrongdoing in his Kentucky Derby victory aboard Funny Cide after track officials found he had nothing in his hand besides his whip.

Three Churchill Downs stewards determined Santos followed the rules of racing, ending a controversy that had threatened to tarnish thoroughbred racing and disrupt the Preakness Stakes.

"We are confident that Jose Santos carried nothing more than a whip in his right hand as Funny Cide won the Kentucky Derby," chief steward Bernie Hettel said at a news conference.

"There is no evidence that would suggest that Mr. Santos had any prohibited device in his possession or that he engaged in any improper actions during the race."

The officials' investigation was prompted by a photograph called to their attention by The Miami Herald.

The Getty Images photo depicts a dark area in the space between Santos' hand and his whip. It turned out to be the silks of Jerry Bailey, who finished second aboard Empire Maker, and part of a strap from his goggles, Hettel said.

"I am thankful this nightmare is over," Santos said. "A week ago, I was in the happiest moment of my life. And then this photograph came in, in Miami, and destroyed my career, actually."

Stewards, Santos meet

The stewards met Monday at the track with Santos, his lawyer and his agent after spending the weekend poring over scores of photos and videotape.

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, a racing source told The Associated Press on condition of anonymity.

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

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

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.

When he got the news, Funny Cide owner Jack Knowlton was in Albany, N.Y., with other horsemen and politicians at the state Capitol to celebrate Funny Cide as the first New York-bred horse to win the Derby.

They cheered and applauded when track spokesman John Asher announced the stewards' decision on TV. There were about 30 people on hand, including the owners, their families and Santos' wife, Rita.

"Jose Santos, his integrity is just miles above anyone on the racetrack," Knowlton said. "Anybody who looks at his accomplishments, looks at his record, would absolutely agree with that."