Genesis.... Welby Thomas Cox, Jr.

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СКАЧАТЬ Ph.D. from MIT with no formal training in metallurgy. He had a complicated formula as to how much force a horse’s kick would have on the stall door. He did not know the age or type of the broken bolts, nor did he know how long they had been in the concrete floor. He had not seen the FBI’s report and did not call them for their opinion, nor had he seen any photos of the bolts. In an interview with Texas Monthly in their 2001 storyThe Killingof Alydarby Skip Hollingsworth, this expert expressed the opinion that Alydar’s leg had been tied to a truck and pulled out the door. This scenario did not come up in his sworn testimony.

      I was the final witness, responding mostly to questioning by Lundy’s attorney. I provided my claim background and then repeated the same facts I had provided to the grand jury, the FBI agents, and the jury in Stone’s perjury — all of this about an event that had occurred almost 10 years earlier. I also was asked about the assistant U.S. Attorney’s question to me during Stone’s trial about my alleged statement that the horse had been killed for the insurance money. I had a dilemma about answering the question and I asked Judge Lake if I could answer in private. He said “No.” I then testified that I had received a telephone call from FBI agent Foster at my home just a few weeks after the perjury trial in July of 1998. This call was a complete surprise to me as Foster had never reached out to me before nor had he ever provided me with any status reports. I knew that if his phone call to me ever became public record, it would not serve him well.

      “I am not able to conclude by a preponderance of the evidence that Mr. Lundy is responsible for the death of Alydar”

      U.S. DISTRICT COURT JUDGE SIM LAKE

      I was asked by the government attorneys to paraphrase what was said in the phone call. I declined, saying I would rather read the notes I had taken that night. In the notes, Foster basically said I never said the horse was killed on purpose or for the insurance money. He asked me no questions and I got the feeling he was just getting his frustration off his chest. The agent also mentioned that on the night of the horse’s injury, no one doubted that the injury occurred other than as reported. This left the government attorneys in somewhat of a quandary, hearing that an FBI agent had called a witness after the fact. They asked me more questions and I assured them I had received and not made the call. Last I heard Foster had been transferred to Flagstaff, Arizona.

      Lake had the last word.

      “I conclude, based on the evidence admitted during the trial and the arguments raised in the briefs, that although there is evidence Mr. Lundy had a motive to injure Alydar, to collect the insurance proceeds, and that he had an opportunity, that I am not able to conclude by a preponderance of the evidence that Mr. Lundy is responsible for the death of Alydar,” he said. “There is strong suspicion but the counterbalance is the testimony of two eminent treating veterinarians. I agree it was appropriate to raise it, but I’m not persuaded that the government has sustained its burden by preponderance of the evidence that Mr. Lundy is responsible for the death of Alydar.”

      Lundy’s attorney asked for a delay in the sentencing, but Lake replied, “If he’s ruined by the events, it’s because he committed crime… he’s not an innocent victim of circumstances. He’s a convicted felon.”

      When questioned about an appeal, Lake replied, “He’s as guilty as sin.” Motion for bond was

      denied.

      With a sentencing of 54 months being handed down, along with restitution in the amount of $20,473,783 Lundy turned sideways to the judge. He appeared to know this was the end.

      Editor’s note: Lundy reported to the federal prison camp in Pensacola, Fla., in February 2001. He completed his sentence in early 2005 and served another three years’ probation. He has lived in the Lexington area in recent years.

      **************

      Just a footnote of a personal nature, I once owned a beautiful thoroughbred trained by Angel Montano at The Fairgrounds in New Orleans. In a race there, the horse broke his hind leg. The attending Vet, Dr. Alex Harthill advised me to authorize putting the horse down.

      I objected, asking Dr. Harthill to fashion a cast and sending the big horse to Ohio State’s Large Animal Clinic where he remained for several months after surgery. The surgery was successful enough to place “Clark Gable” the name given him by the surgical team because he was so handsome back in training after a year of dozing in the sun. First I put him in the pool to keep the weight off, then, weeks of long slow gallops, and miracle of miracles inside of two years, I ran Clarke back for one race at a mile and he won under a “hand ride.”

      This is not to cast aspersions on Dr. Bramlage or his staff, because I know him well and know him to be a very competent surgeon because he operated on a couple of my horses who also came back from the surgery to race again. But my heart was so heavy over Alydar that I could only conjure this wonderful animal continuing his career at stud where he had been so successful, producing some of the world’s best athletes. While, Affirmed, the horse who beat him in all the Triple Crown races proved to be less successful at stud.

      I’ll never forget Alydar, or Clarke and all the wonderful thoroughbred’s born to race, horses who have and demonstrate such courage each time they look through a bridle and face the starter in either a first race or one of several…it is the same job and the joy of racing.

      - Welby Thomas Cox, Jr. (Editor)

      II. It's Fundamental

      HYATT HOTEL

      WASHINGTON, DC

      JANUARY 2, 2006

      OVER THE PUBLIC ADDRESS SYSTEM

      “Mr. Harralson…paging resident guest Mr. Harralson,

      Please pick up the house phone for a call!”

      A woman in a gay sundress walks across the foyer beneath silk trees whose branches drape the lobby in the festive mood and the artificially scented flowers carrying the fragrance of summer entice the guest to eat, drink and make merry during this New Year holiday.

      The woman approaches a man resting on a chase lounge near the pool where children splash and play the game, “Marco Polo” gleefully in the water. A young waiter stops at the chase lounge to serve a colorful Mimosa and water crescent sandwich.

      “Bless you darling boy,” the man said as he took the orange colored drink in the long stemmed crystal glass and a hand-full of crepes as he glanced adoringly at the boy and then to a five-dollar bill on the side table.

      “Come back in half-hour… you Caucasian beauty, and there will be another “fiver” where that one rest.” And the black man mimicked a pouty feminine kiss to an overly embarrassed young waiter.

      The blonde Monroe-look-alike in the yellow-flowered sundress stands beside the chase in the now infamous Marylyn Monroe stance. The man reaches under the dress and touches her wet lips.

      She moans… “Will you fuck me now?”

      “Fuck…fuck…fuck, doesn’t anyone eat in Washington?”

      “You are an evil man Mr. Harralson!” she says in her best Marylyn… “You have bothered me…did you hear the page?”

      “Must I answer СКАЧАТЬ