Legal Consent Looks To Prove His Case In The Albany

  By Tony Podlaski | August 22, 2009
 


Legal Consent
 
photo by Adam Coglianese  
   

After Mike Lee Stakes winner Legal Consent lost his bid to attempt a sweep of OTB’s “Big Apple Triple” when fourth to Pocket Cowboys in the New York Derby at Finger Lakes, trainer Carlos Martin thought about trying the colt on the turf instead of running in the final race of the series.

But the refrain “big purse-small field” kept repeating itself in Martin’s mind, and so on Wednesday, Legal Consent will try to make it two out of three in the 32nd running of the $150,000 Albany Stakes for New York-bred 3-year-olds at Saratoga Race Course.

“I kept looking at the situation – $150,000 and a seven-horse field,” said Martin, who trains the son of Officer for Lansdon B. Robbins, III. “I can wait to experiment with him on the grass. It’s a great race to be in for $150,000. You don’t get too many shots to run straight 3-year-old New York-breds for that kind of a purse. So I changed my mind. We won the Mike Lee. If we throw the Finger Lakes race out, we fit well.”

In the Albany, Legal Consent will be facing six others, including the speedy duo of Pocket Cowboys, owned, trained, and bred by Scott Schwartz, and Marc Ferrell’s Fiddlers Afleet, who came back from California to win an allowance race for state-breds by 13¾ lengths at Belmont Park.

“I don’t like the idea of running against Fiddlers Afleet, but a mile and an eighth is a mile and an eighth, and anything can happen,” Martin said. “I’m hoping that Fiddlers Afleet and Pocket Cowboys entertain each other while we’re behind them.”

Last year, Legal Consent won the $318,525 New York Breeders’ Futurity Stakes at Finger Lakes, and then was a well-beaten fourth to Trinity Magic in the Sleepy Hollow and a distant third to one-time Kentucky Derby hopeful Haynesfield in the Damon Runyon. He began his 3-year-old campaign with a trio of second-place finishes, including one to the well-regarded Mr. Fantasy in an allowance at Aqueduct Race Track in February.

“The horse was not disgraced,” Martin said. “He has run against the top New York-breds earlier this year. You don’t see New York-breds running 100 Beyer numbers like Mr. Fantasy did. It’s crazy.”

Fiddlers Afleet also ran in the Damon Runyon, finishing second, after which he traveled to the West Coast, where he was fifth in both the Grade 3 San Rafael at Santa Anita and the Grade 3 Affirmed Stakes at Hollywood Park.

While trainer Mike Hushion has been impressed with the horse since his return, the Albany will mark the colt’s first start past 1 1/16th miles.

“I guess he didn’t take to the Polytrack too well,” Hushion said. “The owner brought him back here where he was probably going to run better on the dirt. I was surprised with the way he ran off like he did. I think with him going from seven furlongs to a mile and an eighth is going a little scary, but the timing of the race is really good.”

It did not come as a surprise to Schwartz when Pocket Cowboys went wire-to-wire to win the New York Derby over a sloppy track. However, Schwartz was impressed with the way his gelding overcame the race conditions to win his first stakes race.

“He’s a nice horse,” said Schwartz. “He can run all day. He got a wet track and took off. At Finger Lakes, he didn’t get a break in weights. Condition-wise, he didn’t fit.”

Even though Pocket Cowboys’ three victories all came on an uncontested lead, Schwartz believes his horse can rate if Fiddlers Afleet seizes control.

“He doesn’t need the lead; he can be near it,” Schwartz said. “This horse can run 3½ miles and doesn’t get tired. He doesn’t back away when they come for home.”

Completing the field are Slevin, second in both the Mike Lee and New York Derby; Summer Share, making his stakes debut; and Tall Poppi and Pretty Boy Freud, fourth and fifth in an optional claimer here on August 9.