Letter to the Editor: Terence Collier Regarding the Passing of Dr. Billy Marrs

It seems that every tick of the clock marks the demise of another friend and colleague in my life. Word came in today of the passing on January 15th of Dr. Billy (Merritt William) Marrs, who died in Indio, California, close to his winter home in Palm Springs. Such news usually travels fast in our circles, but this veterinarian has spent more of the last few years on out-of-town golf courses than on the backside or at a horse sale. Nevertheless, there will be a few tears and many fond tales told among Thoroughbred people of this colorful and loveable character.

Billy Marrs was a Lexington native, born in 1946, a graduate of the University of Kentucky who went on to a degree in Veterinary Medicine from Ohio State in 1973. His early mentors have already left for that great clinic in the sky, but anybody around Thoroughbreds in central Kentucky from the 1980s on will remember 'Doc' Marrs pulling up in his Cadillac, enveloped in a cloud of cigar smoke. One short car ride as his passenger and you got out smelling like Winston Churchill! He eschewed the Suburbans, the Tahoes and the SUVs and worked from either the trunk or the back seat of his gray DeVille. There was much competition for space in the car and it took forever to get the ancient X-ray camera from under the sets of golf clubs. Because he was an independent veterinarian and not connected to the two or three large veterinary groups in town, I frequently put Billy on veterinary arbitration disputes at Fasig-Tipton sales. He would always be very late or very early and invariably had to ask if he could borrow a scope from one of the other panel members.

Billy and I had close mutual friends in Jack G. Jones, Jr. of Mineola Farm in Lexington and California bloodstock guru Rollin Baugh. Jack was his lawyer, golfing companion and client. In the late 1970s Billy and Jack scouted the sales together for Buckram Oak Farm's owner Mahmoud Fustok. Jack remembers with certainty that at the Saratoga Yearling Sales, both Danzig and De La Rose were passed by Billy and made Fustok's short list, only to be underbidders on both in successive years. For a few years, Rollin was accompanied by Billy at Royal Ascot. He would call me the week before the famous English racing festival and the conversation would always jokingly open, “Well, Lord Collier, where should I be dining this year in London?” or “Can I wear brown suede shoes in the Royal Enclosure?”

Without delving too deeply into Dr. Marrs's private life, in Lexington, there seem to be no close family members surviving him in his hometown. He was married twice–once, for 13 years, to the very popular and bubbly Eloise, a leading light in local banking circles. Since October last year, he was engaged to the equally attractive Karen Nielsen, to whom I extend my sincere condolences.

Dr. Marrs got out of the veterinary world before it left him behind. He was old school. And he never let an equine appointment stand in the way of a round of golf. His many friends, of which I was honored to be one, will miss a man who did it his way.

Terence Collier

PS: There will be a celebration of life in Lexington in April and details will follow.

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Kentucky Commission Approves Asmussen’s 30-Day Suspension Over 2018 Ace Positives; No Dates Set

On Monday, the Kentucky Horse Racing Commission approved hearing officer Eden Davis Stephens' recommendation for a 30-day suspension to be issued to Hall of Fame trainer Steve Asmussen, according to the Daily Racing Form. The suspension deals with a pair of positive tests in Asmussen-trained runners which raced in 2018.

Two Asmussen trainees tested positive for metabolites of the sedative Acepromazine: Thousand Percent after winning the second race at Churchill Downs on June 28, 2018; and Boldor after winning the sixth race at Keeneland on Oct. 25, 2018.

In late 2019, following a formal hearing before the stewards, the KHRC issued Asmussen a 30-day suspension and total $3,500 fine. An additional 30 days were stayed due to mitigating circumstances (number of violations due to overall record), pending no further violations for 365 days. Asmussen subsequently appealed.

A hearing on that appeal was conduced in August last year by hearing officer Jim Howard, who left the Public Protection Cabinet before making a recommendation. Hearing officer Eden Davis Stephens succeeded Howard, and based on the existing record she recommended a 30-day suspension for Asmussen in October of 2022.

Monday's KHRC decision to approve the hearing officer's recommendation did not come with a set date for Asmussen to serve the 30 days; the KHRC order did note that the action could be appealed in civil court.

Read more at the Daily Racing Form.

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Letter To The Editor: Questions (And Answers) Concerning HISA

To the editor: As a long time racing advocate and participant, I fully support a single medication system. However, I do have concerns and questions regarding the approach now being undertaken by the Horseracing Integrity and Safety Authority. Below are a few questions I would like you to clarify for me.

1. Since there is no federal funding for HISA, where is the operating capital since July 1 coming from since the states have not been providing funds?

2. Who is responsible for personnel decisions and compensation for HISA and is there any oversight as to the amount of compensation paid?

3. Pertaining to the addendum to the law passed by Congress, what groups or individuals were consulted as to the content of the proposal?

Thank you for any clarification you can provide me as well as your readers.

Gerald Bayens

Louisville, Ky.

Editor's Note: Mandy Minger, HISA's director of communications, provided answers to the questions from Gerald Bayens. The numbered answers below correspond to his questions.

  1. States and racetracks have been assessed the costs of HISA operations since July 1, 2022, when HISA's Racetrack Safety rules went into effect. States and racetracks have paid those assessments and those payments fund HISA.
  2. The HISA Board of Directors and CEO make those decisions. The HISA Board is a volunteer board made up of independent actors from both within and outside the industry and who abide by a stringent conflict of interest policy. HISA Board members are not compensated for their time.
  3. This was an Act of Congress – so who they consulted and discussed with is really a question for them.

    The legislation was quite simple in that it directly addressed the Court of Appeals Judge's view stated in oral arguments: “Why not just say to [Congress,] this is easy, this was bipartisan, just put the modification power straight in, it'll be just like FINRA and the SEC, problem solved?” The amendment passed by Congress simply incorporates the modification provision of the SEC-FINRA statute into the HISA statute. (Editor's note: FINRA, the Financial Industry Regulatory Authority, which regulates brokers-dealers in the financial markets, is the model upon which HISA is partly based.)

    HISA, alongside other leaders in the industry who are committed to safety and integrity, did help Congress understand the issues at play and the importance of HISA. More detail on that process was shared by the NTRA's Tom Rooney recently.

    If you'd like to submit a letter to the editor, please send it to info @ paulickreport.com along with your name, home state, and relationship to horse racing (owner, fan, horseplayer, etc). Letters are subject to editing for accuracy or clarity.

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Baffert Derby Drama: Owners Must Transfer 3-Year-Olds By Feb. 28 To Earn Kentucky Derby Points

Horses under the care of trainer Bob Baffert are currently unable to earn qualifying points on the Road to the Kentucky Derby, and it appears a new regulation is in place for the 2023 edition. Last year, several promising Baffert-trained sophomores were transferred to other trainers, including Tim Yakteen, in early April, aiming for the final 100-point prep races that would allow for a tilt at the Run for the Roses.

This year, the Daily Racing Form reports, the nomination form for the 2023 Triple Crown states: “horses under the care of any suspended trainer or affiliates may be transferred to a non-suspended trainer and become eligible for earning points on a forward-looking basis so long as the transfer is complete by February 28, 2023.”

Last year's late transfer was spurred in part by Baffert's 90-day suspension, issued by the Kentucky Horse Racing Commission in the wake of a 2021 positive test from Kentucky Derby winner Medina Spirit. The suspension began on April 4, 2022, about a week after his top 3-year-olds were transferred.

That suspension is wholly separate from the two-year ban put in place by Churchill Downs, Inc. In May 2021, CEO Bill Carstanjen banned Baffert for over two years from all of the company's properties, citing private property rights. The ban also prevents Baffert-trained horses from earning qualifying points for the Kentucky Oaks and Kentucky Derby.

Regarding the CDI ban, Baffert's legal team has secured a hearing on Feb. 2, 2023, for a judge to consider Baffert's motion for a preliminary injunction against that ban.

“Right now, we're not commenting on anything,” Baffert told DRF. “We have a Feb. 2 hearing, we're waiting until that date. Until then, there's nothing to talk about.”

The following are some of the promising 3-year-olds currently in Baffert's barn: Cave Rock, National Treasure, Hejazi, Gandolfini, Carmel Road, Arabian Knight, Fort Bragg, Arabian Lion, Reincarnate, and Newgate.

Both the CDI ban and KHRC suspension came after Baffert-trained Medina Spirit tested positive for betamethasone after finishing first in the 2021 Kentucky Derby. It was the second betamethasone positive for a Baffert runner in a major Churchill Downs race, following Gamine's failed drug test after a third-place finish as the odds-on favorite in the Kentucky Oaks in 2020. Baffert runners failed three other drug tests outside of Kentucky in 2020, including Charlatan in the G1 Arkansas Derby.

Medina Spirit was subsequently disqualified from his Derby win, and owner Amr Zedan has appealed the disqualification. Medina Spirit died following a workout in December 2021.

Read more at the Daily Racing Form.

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