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Friday, September 17, 1999
Copyright © Las Vegas Review-Journal
COLUMN: Jeff Wolf
Penalized racer deserves right to appeal
Welcome to the court of Judge Tread.
From the courts of the National Tennis Center in New York City, to the court of racetrack appeals in one week.
Judges Mills Lane and Judy could not be reached to get their opinions on last weekend's ruling that punished Late Model stock car driver Ken Holt for smashing -- allegedly with malice -- into the rear end of fellow racer Scott Gafforini on Saturday night at Las Vegas Motor Speedway.
The crash virtually eliminated Gafforini from his race with Chris Lowden for the Late Model season championship on the 3/8-mile paved oval.
It was a sad night when racers should have been celebrating the victory by Lowden, who seems headed for a certain victory over his recently discovered cancer. Another reason for glee was that 2,000 people showed up, which was the biggest crowd for a local race there in a long time.
But instead of throwing a party, crew members and others in the pits got together and threw punches in a melee that sent one person to the hospital.
Stories had the crew member being hit with everything from pliers to a tire iron. The track said he cut his head when he fell to the ground during the rumble.
Where was security? Well, that isn't the case on hand for Judge Tread.
The case, though, is not Gafforini vs. Holt. Instead it is Holt vs. The Speedway.
Speedway officials decided to disqualify Holt, fine him $100, and suspend him for the next two races, including the season opener in 2000.
Track officials, and apparently several drivers, believe Holt intentionally slammed into Gafforini between turns 3 and 4 midway through the race. Holt said he was caught by surprise when Gafforini appeared to get loose on the track and slowed up.
The Judge, like those involved, viewed the videotape.
At first it seems clear that Holt slammed into Gafforini. But upon further review, it looks like Gafforini's left front tire begins to turn and seems to support Holt's claim that Gafforini had been loose and had backed out of the throttle, leaving Hold with no time to slow up.
What doesn't help Holt's case, however, is that his car, which is emblazoned with Spiderman, has a picture of Gafforini's car entangled in a spider web. Above the rear bumper of Holt's car is a giant black widow spider eating a photo of Gafforini's car.
Those who believe Holt's intent was to put Gafforini out of the race use those graphics to paint a guilty picture. The Judge sees it differently. If you're going to deck someone, why would you advertise it?
Holt convincingly denies that he intentionally nailed Gafforini. He doesn't deny not liking the guy, and that's fine. Gafforini doesn't like Holt either. Too bad, because they're nice guys, just don't invite them to the same party.
Neither, though, needs to be sentenced to anger management classes.
The only one who knows if Holt intended to put Gafforini out of the race is Holt.
Therefore, the Judge can not rule in favor of one party or the other.
The Judge does, however, find fault with the racetrack's procedure of handling such cases.
David Stetzer, the speedway's senior manager of short track operations, has been handing out fines and disqualifying drivers since taking over the program, but his actions have been needed to get the loosely run operation back on the right track.
As unhappy as Holt is about his sentence, he is quick to salute the work of Stetzer and his new crew for breathing life back into the speedway's short track.
Holt, a longtime volunteer on the the speedway's fire and rescue crew, said he plans to continue in that role.
The legal process at the speedway reflects that of NASCAR, which sanctions the Late Model series. According to Stetzer, NASCAR and track rules dictate "driving infractions are not subject to appeal."
The Judge understands NASCAR acts as a benevolent dictatorship, but there is something more important at stake than whether or not Holt misses the next two races and has to pay a fine.
Holt's reputation, and that of any other driver who is deemed guilty of committing an offense that cannot be appealed, should be able to present a defense to their accusers.
The time for a hearing is not immediately after the race, as was the case after midnight Saturday, when charges are leveled and sentence determined.
Isn't this America?
Or is it NASCAR's way or the highway?
At best, the speedway should create a driver's review board and at least allow for an appeals process.
Jeff Wolf's motorsports column is published Friday. He can be reached by phone at 383-0247 or by e-mail at Jeff_Wolf@lvrj.com.
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