Desormeaux was fined $500 for hitting a horse in the mouth with a whip repeatedly in a July race at Saratoga last year on Stolen Star.
But he did so while running on the lead with a horse who habitually drifts out through the lane - and he had a horse right to his outside who he would have herded out some had he not.
That incident probably looked just as bad from the pan shot views - but KD was not even close to the eye and did so in a short controlled motion. JR just looked like he was pissed - and right as he lost 2nd place just before the wire he got careless and caught the horses eye apperantly.
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