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The Westchester County district attorney said Wednesday that

August 10, 1988

WHITE PLAINS, N.Y. (AP) _ The Westchester County district attorney said Wednesday that an investigation of alleged race fixing at Yonkers Raceway failed to turn up enough evidence for charges to be filed.

In a release, District Attorney Carl Vergari noted that in November, 1987, the state Racing and Wagering Board suspended seven harness drivers for lack of effort in the fourth race Nov. 14.

Lack of effort is an administrative infraction under the rules and regulations of the board’s Division of Harness Racing.

The board had contacted Vergari seeking a review of facts and circumstances in the alleged race fixing.

After a complete review and analysis submitted by the Racing and Wagering Board, interviews with board investigators, videotapes of the race as well as an independent investigation, Vergari said he determined there wasn’t enough evidence to bring criminal charges.

State judges assigned to the raceway became suspicious because of an unusually low payout on bets for the race in question and a review of the tapes and computer records led judges to conclude the drivers were not trying to win.

In addition, the computers showed unusually large amounts of bets on the horses that finished in the money.

In a letter to board Chairman Richard Corbisciero, Vergari cited lack of credibility of a key witness, contradictory testimony of judges and no discernible prearranged betting pattern as key factors in his decision.

One of the seven drivers, William Breshnahan, didn’t appeal his suspension while two, Jay Randall and Jimmy Marohn, were acquitted of any wrongdoing after a hearing by the board, said Robert Feuerstein, assistant counsel to the board.

Henri Filion had his license revoked and suspensions were upheld for the other three and all the cases were still in litigation, said Feuerstein.

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