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Navarro Attorney: Former Trainer Facing ‘Almost Certain Deportation’

In addition to a possible federal prison sentence, former trainer Jorge Navarro may be deported as a result of his guilty plea to one count of conspiracy to commit drug adulteration and misbranding. Navarro is one of the most publicly-known defendants in the 2020 federal indictments of trainers, veterinarians, and drug makers in what prosecutors say was a wide-ranging network of people working together to dope racehorses.

Navarro entered his guilty plea to the charge in August and will be sentenced Dec. 17. He may be ordered to serve as much as five years in federal prison.

On Dec. 3, Navarro's defense attorneys filed their pre-sentencing report, accompanied by 100 pages of character references from family, friends, and racing connections. The report indicated that although Navarro legally immigrated to the United States from Panama some 35 years ago, he faces “almost certain deportation to a country where he has almost no familial, social, or economic ties.”

Due to his immigration status, his attorneys say Navarro will likely not be permitted to serve a federal prison term in a minimum-security facility, which means he may be sent to a prison out of state, far from his home and family. At the conclusion of his sentence, he may be transferred into the custody of Immigration and Customs Enforcement and sent to one of their prisons ahead of deportation.

“Jorge recognizes that his conduct in this case calls into question his care for his horses, but those that know him as a horseman and trainer recognize his genuine love and devotion to his horses,” read the defense report. “At this juncture, having been absent from horse racing for almost two years, Jorge realizes the errors of his ways and is contrite, remorseful, and wishes he could roll back the hands of time.”

A number of former racing connections of Navarro wrote character references on his behalf, including former employees, owners, horse transporters, jockeys, and feed suppliers. Supportive former owners include Ron Hendrickson, Joseph Casciato, Jason Provenzano, Frank Rupolo, Dennis Amaty, and others. Jockeys Jose Ferrer, Isaac Castillo and Manny Jiminez, as well as former jockey Rene Douglas also wrote on behalf of Navarro. 

For several letter writers, Navarro's relationship with X Y Jet seemed to stand out.

“Because of his delicate knee conditions, the horse stayed in Ocala for a few months of the year every year to rest and rehab,” wrote veterinarian Dr. Joel Lugo of Ocala Equine Hospital, who noted the horse had two knee operations in 2015 and 2017. “We never discussed the use of any illegal or unethical treatment with him or with any of the other horses. The horse return [sic] to race when we though [sic] the horse was healthy and ready. There was never any pressure from Navarro or the owners. We even discussed his retirement on multiple occasions.”

“That horse loved Jorge; I mean I never seen anything like it,” wrote Navarro's mother-in-law, Cindy Harries. “That horse was mean with everyone and not easy to deal with. That horse was such a diva. Jorge would just stand there and X Y Jet would pin his ears flat against his head and come at Jorge who never twitched, and he would just stop and let Jorge pet him and kiss him on the nose. When X Y Jet died walking in the shed row after a routine gallop, a part of Jorge died too.”

X Y Jet was among the horses specifically named in the federal indictment as having been doped by Navarro, who admitted he gave the horse a blood builder before an allowance optional claiming race on Feb. 13, 2019, at Gulfstream Park and the Group 1 Dubai Golden Shaheen.

The prosecution's sentencing report is due to the court Dec. 10.

The post Navarro Attorney: Former Trainer Facing ‘Almost Certain Deportation’ appeared first on Horse Racing News | Paulick Report.

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Baffert Attorneys Claim Test Proves Ointment Led To Medina Spirit’s Failed Drug Test

Attorneys for the owner and trainer of Medina Spirit, first-place finisher in the 2021 Kentucky Derby, claim tests conducted by a New York laboratory have “definitively confirmed” the horse tested positive for a corticosteroid not through an injection but because of an ointment used to treat a skin rash.

Craig Robertson, attorney for Bob Baffert, and Clark Brewster, representing owner Amr Zedan's Zedan Racing Stables, said tests conducted by Dr. George Maylin, who heads a drug testing laboratory at New York's Morrisville State College, showed the presence of betamethasone valerate, which they claim is found in Otomax ointment. Otomax, manufactured to treat ear infections in dogs, lists betamethasone as one of its ingredients. The test, Robertson and Brewster said, also confirmed the absence of betamethasone acetate, the injectable corticosteroid used to treat inflammation.

“In other words,” Robertson said in a statement, “it has now been scientifically proven that what Bob Baffert said from the beginning was true – Medina Spirit was never injected with betamethasone and the findings following the Kentucky Derby were solely the result of the horse being treated for a skin condition by way of a topical ointment – all at the direction of Medina Spirit's veterinarian.”

The Paulick Report has asked Robertson and Brewster for a full copy of Maylin's report.

Robertson said the test result “should definitively resolve the matter in Kentucky and Medina Spirit should remain the official winner of the 2021 Kentucky Derby.” Brewster had similar sentiments, stating that “Zedan is proud to have stood by Bob and is ecstatic that Medina Spirit will receive the honor of his great victory.”

The Kentucky Horse Racing Commission and board of stewards have yet to conduct a hearing on Medina Spirit's failed drug test, and until a hearing is conducted Medina Spirit will remain the Kentucky Derby winner. In the ewake of the failed drug test, Baffert was ruled off all tracks owned by Churchill Downs Inc. through the conclusion of the 2023 spring-summer meet at the company's flagship track in Louisville, Ky. Churchill Downs also said horses trained by Baffert are not eligible for qualifying points for the Kentucky Derby.

A spokesperson for the commission could not be reached for comment on Maylin's testing, which attorneys for Baffert and Zedan sought through a court order.

The rules of Kentucky racing do not appear to differentiate between administration of betamethasone or other drugs through injection or other means. In section 1 in the regulations relating to medication, testing procedures and prohibited practices, the definition for “administer” states: “to apply to or cause the introduction of a substance into the body of a horse.”

The full statements from Robertson and Brewster follow:

Craig Robertson: The testing of the split urine sample of MEDINA SPIRIT has now been completed by Dr. George Maylin, Director of the New York Drug Testing & Research Program.  By Order of the Franklin Circuit Court in Kentucky, this urine was tested “to determine if the alleged topical administration of OTOMAX could have resulted in the finding of betamethasone” in MEDINA SPIRIT following the 2021 Kentucky Derby.  Those results have now definitively confirmed that the betamethasone present in MEDINA SPIRIT's system did indeed come from the topical ointment OTOMAX and not an injection.  In other words, it has now been scientifically proven that what Bob Baffert said from the beginning was true – MEDINA SPIRIT was never injected with betamethasone and the findings following the Kentucky Derby were solely the result of the horse being treated for a skin condition by way of a topical ointment – all at the direction of MEDINA SPIRIT's veterinarian.

The betamethasone in an injection is betamethasone acetate.  The betamethasone in the topical ointment is betamethasone valerate.  Only betamethasone acetate is addressed and regulated in the rules of racing in Kentucky.  Thus, the presence of betamethasone valerate in MEDINA SPIRIT, which resulted from a topical ointment, is not a rules violation.  Dr. Maylin's testing not only confirmed the presence of betamethasone valerate, but also the absence of betamethasone acetate.  This should definitively resolve the matter in Kentucky and MEDINA SPIRIT should remain the official winner of the 2021 Kentucky Derby.

Since May, Mr. Baffert has been the subject of an unfair rush to judgment.  We asked all along that everyone wait until the facts and science came to light.  Now that it has been scientifically proven that Mr. Baffert was truthful, did not break any rules of racing, and MEDINA SPIRIT's victory was due solely to the heart and ability of the horse and nothing else, it is time for all members of racing to come together for the good of the sport.  Mr. Baffert has been a tremendous ambassador for the sport throughout his 46 year Hall of Fame career and he has every intention of continuing to do so.

Clark Brewster: As Legal counsel for, and on behalf of, Abr Zedan and Zedan Racing Stable, owner of Medina Spirit, winner of the 147th Kentucky Derby, it is extremely gratifying to learn that the New York Racing Laboratory through its Director Dr George Marlin has scientifically confirmed that no Betamethazone Acetate was found in the post race urine specimen of Medina Spirit. Dr Maylin reported that components of an ointment used to treat a skin lesion was confirmed through metabolite confirmation and that no Acetate that is part of the injectable Betamethazone was present. The Kentucky Racing Commission has steadfastly enacted rules relating to corticosteroid joint injection and have drawn a bright line rule that no injections are permitted within 14 days of a race. Now there is zero doubt that the 14 day rule some thought might have been violated by the earlier less specific testing is revealed as premature judgment. That groundless accusation is without scientific merit.
Zedan is proud to have stood by Bob and is ecstatic that Medina Spirit will receive the honor of his great victory.

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