Conor Flynn admits to drugging horses in testimony

Yesterday afternoon, Conor Flynn became the second former harness horse trainer, turned prosecution witness, to testify against Lisa Giannelli.  Ms. Giannelli is standing trial for allegedly “misbranding and adulterating” drugs that were subsequently used to enhance the performance of racehorses.

Conor Flynn was also the second harness horse trainer to admit under oath that he administered PED’s to horses under his care.

Conor Flynn, along with 26 other individuals, was indicted in March 2020.  Ms. Giannelli and Ross Cohen, who was the harness trainer that previously testified against Ms. Giannelli, were named in that indictment.

Ross Cohen and Conor Flynn agreed to become prosecution witnesses in exchange for leniency while Ms. Giannelli chose to fight the charges claiming that she bears no responsibility for any crime committed as there was no criminal intent.  Ms. Giannelli contends that she was only following her employer’s directives.

Flynn also testified that when he was employed as an assistant trainer by Richard Banca, who just recently pled guilty himself, he was fully aware that he was violating the law when he injects PED’s to racehorses under his care.  Flynn told the jury “You’re not supposed to administer any drugs on race day,”

Also testifying against Ms. Giannelli was the government’s expert witness Dr. Jean Bowman.  Dr. Bowman works for the Food & Drug Administration (FDA) and is considered an expert in “new drugs”.  Dr. Bowman testified that the drugs on a list obtained when law enforcement searched Ms. Giannelli’s computer violated FDA regulations because these medications, manufactured by Ms. Giannelli’s now convicted boss, Seth Fishman, were missing the “prescription legend, the name of the veterinarian”.

She also stated that “It lacks information of the manufacturer and the ingredients.”  With Ms. Bowman still on the stand, the prosecutor played a wire-taped conversation where a customer ordered the PED “HP Bleeder” from Ms. Giannelli to which Ms Giannelli responds “OK”.  The customer then instructs Ms. Giannelli to “Just mail it” and Ms. Giannelli once again responds “OK”.

Cross-examining the government’s expert, Ms. Giannelli’s attorney, Louis Fasulo, made the argument that a veterinarian had the right to compound drugs if he wanted to create his own product.  Ms. Bowman responded that “He’d have to meet certain conditions and that this was only permissible to prevent an animal’s death or suffering or when no other drug was available.”

Fasulo countered that “And suffering would be up to the discretion of the veterinarian”.  Bowman disagreed and offered that “there’s a pretty good definition for what is meant by suffering”.  Fasulo also suggested that a veterinarian could compound drugs if the drugs used were already “approved” drugs.  Ms. Bowman responded that in that scenario, you would not need to compound a new drug since the veterinarian could administer each drug separately.

On redirect examination of Ms. Bowman, Prosecutor Sarah Mortazavi clarified the government’s contention  “Animal suffering  wouldn’t be running slow?  Ms. Bowman responded by just saying “No”.

Ms. Giannelli’s jury trial continues today and is expected to last another 8 more days.

Conor Flynn cross-examination continues today.

Ross Cohen has pled guilty and is awaiting sentencing.

Richard Banca has pled guilty and is also awaiting sentencing.

Dr. Seth Fishman has been found guilty but has not yet been sentenced.   He faces up to 20 years in prison.

by Monica Bencal, for Harnesslink