An attorney representing the connections of Heza Streakin Legacy said on Monday night that the horse’s entry into the $3 million All American Futurity was “accepted and processed” by Ruidoso Downs on Friday and that the horse remains eligible for the Quarter Horse classic that will be run on Sept. 4. Entries for the race were taken on Friday, but the post position draw will not be held until Thursday.

Heza Streakin Legacy was placed on the stewards’ list due to an alleged positive hair test for clenbuterol during an out of competition test prior to his winning his trial for the All American Futurity. Martin Ibarra, Jr., who owns the horse, and trainer Albert Franco face no sanctions in the case, but Heza Streakin Legacy’s placement on the stewards’ list makes him ineligible to start for a minimum of 60 days. His spot in the gate was opened to Dash For Stone, according to a representative of the New Mexico Racing Commission. (For more background: http://www.drf.com/news/out-competition-clenbuterol-positive-will-keep-heza-streakin-legacy-all-american-futurity )

The New Mexico Racing Commission issued a press release on Monday stating that Ibarra and Franco “attempted to enter Heza Streakin Flyer on the morning of Aug. 25, 2017. The entry was denied by the Ruidoso Downs board of stewards due to the horse being ineligible to start as ordered by the earlier court decision.”

Johnny Mac Hayes, who represents the connections of Heza Streakin Legacy, said he is working with an attorney in New Mexico to take legal action in the case on Tuesday.

“Mr. Ibarra’s New Mexico counsel will ask the New Mexico Supreme Court to prohibit the New Mexico Racing Commission from stewards’ listing the horse as a result of the alleged out of competition hair positive,” Hayes said. “Our position is that the alleged hair positive should not disqualify the horse before due process has had a chance to run its course. The out of competition policy calls for an independent split testing and if you’re negative in split-testing they take you off the stewards’ list. We haven’t had an opportunity to test the split.”

Hayes said Heza Streakin Legacy was entered in the All American prior to the stewards informing the horse’s connections that he was ineligible. He says he has confirmation of the entry into the All American.

More to come at www.drf.com