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Attorney For Baffert Claims Human Back Pain Patch Caused Drug Positives For Gamine, Charlatan

Hall of Fame trainer Bob Baffert claims that two horses in his barn were “unknowingly and innocently exposed” to a banned substance that wound up in their post-race test samples from May 2 at Oaklawn Park in Hot Springs, Ark.

Information leaked from initial testing by the Arkansas Racing Commission's contracted laboratory in late May indicated that Gamine and Charlatan both tested positive for the Class 2 drug lidocaine. Gamine won a May 2 allowance race by a neck. She subsequently won the Grade 1 Acorn Stakes at Belmont Park on June 20 by 18 ¾ lengths. Charlatan won a division of the Grade 1 Arkansas Derby and shortly thereafter suffered a minor ankle injury that will have him sidelined until after the Sept. 5 Kentucky Derby. Both horses are unbeaten in three starts.

Split samples, sent at Baffert's request to the Equine Analytical Testing Laboratory at the University of California-Davis, confirmed the findings, according to published reports.

Lidocaine is used by veterinarians during lameness examinations to “block” or numb a horse's limbs. It is also commonly found in ointments and analgesic treatments and patches to alleviate pain in humans.

A statement from Baffert's attorney, Craig Robertson, said both Gamine and Charlatan were exposed to the lidocaine from a patch worn by a member of the trainer's staff suffering back pain while tending to the horses at Oaklawn.

“Even though lidocaine is a lawful, widely available therapeutic medication, it was never intentionally administered to either Gamine or Charlatan,” the statement reads. “When test results indicated that trace amounts of lidocaine were found in both horses after their respective races on May 2, Bob Baffert and his team were shocked. Leading up to May 2, both horses were healthy and worked hard to earn their victories that day.

“After investigation,” the statement continues, “it is our belief that both Gamine and Charlatanwere unknowingly and innocently exposed to lidocaine by one of Bob's employees. The employee previously broke his pelvis and had been suffering from back pain over the two days leading up to May 2. As a result, he wore a Salonpas patch on his back that he personally applied. That brand of patch contains small amounts of lidocaine. It is believed that lidocaine from that patch was innocently transferred from the employee's hands to the horses through the application of tongue ties by the employee that was handling both horses leading up to May 2.

“What I want to make clear are the following three points: 1) This is a case of innocent exposure and not intentional administration; 2) the levels of Lidocaine found in both Gamine and Charlatan that day were extremely small – 185 picograms for Gamine (in race 7), and 46 picograms for Charlatan (in race 11). A picogram is a trillionth of a gram. 3) It is our understanding that the trace amounts of Lidocaine found in both Gamine and Charlatan would not have had any effect on either horse – much less a performance enhancing one. The extreme sensitivity of modern-day testing can now pick up trace levels of innocent contaminants that have no effect on a horse. This is an issue that regulators of horse racing need to account for and address.

“Based on these facts, we intend on defending the cases involving Gamine and Chalatan before the Arkansas Racing Commission.”

Jimmy Barnes, assistant trainer for Baffert, saddled the horses at Oaklawn in the trainer's absence. He suffered a fractured pelvis in September 2017.

Recommended penalty for a Class 2/Category B penalty drug like lidocaine is a minimum 15-day suspension and $500 fine for a first offense under Association of Racing Commissioners International Model Rules. A second offense has a 30-day penalty and $1,000 fine. Some racing commissions consider simultaneous violations of the same drug as a mitigating factor and do not increase penalties for a second offense.

The Model Rule also calls for disqualification, meaning the owners would lose the purse money from the races (Gamine earned $36,600 and Charlatan $300,000). In the case of Charlatan, the 100 qualifying points earned for the Kentucky Derby would be transferred to Basin, the second-place finisher (if the case is resolved before Sept. 5). Currently sidelined Gouverneur Morris finished third, Winning Impression fourth and Anneau d'Or fifth. Points for the Arkansas Derby division are awarded on the basis of 100-40-20-10 to the top four finishers.

Gamine is owned by Michael Lund Petersen. Charlatan is owned by the partnership of SF Racing LLC, Starlight Racing, Madaket Stables LLC, Stonestreet Stables LLC, Frederick Hertrich III, John D. Fielding and Golconda Stables.

An even bigger financial stake for the owners of Charlatan may be in the sale of breeding rights to Hill 'n' Dale Farm announced several days after the Arkansas Derby. Depending on the language and when the contract between the parties was signed, the sale price may have hinged on Charlatan being a Grade 1 winner. If the Speightstown colt is disqualified from the Arkansas Derby – his stakes debut – the sale price could be reduced by millions of dollars unless and until he officially becomes a Grade 1 winner in the future.

The post Attorney For Baffert Claims Human Back Pain Patch Caused Drug Positives For Gamine, Charlatan appeared first on Horse Racing News | Paulick Report.

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U.S. House Agriculture Funding Package Provides Tremendous Victories For Animals

Today, the U.S. House Appropriations Committee released its FY2021 Agriculture Appropriations package scheduled for votes by the Subcommittee on Agriculture Appropriations and the full Appropriations Committee this week. The package includes $3 million in funding for the Pet and Women Safety (PAWS) Act that Animal Wellness Action worked to successfully get signed into law in the 2018 Farm Bill, and $2 million in funding for enforcement of the Horse Protection Act (HPA) of 1970. The HPA amount represents a doubling in funding for enforcement of the law against horse soring. The FY2021 bill also maintains the current ban on horse slaughter in the United States by defunding the inspection of horse slaughter plants on U.S. soil–a provision that's been regularly maintained by the Congress since the last U.S. based plants were shuttered in 2007.

“We applaud Reps. Sanford Bishop and Jeff Fortenberry for their leadership of the subcommittee and for providing additional funding to enforce the 1970 law that made it a crime to intentionally sore the feet of horses at Tennessee Walking Horse shows,” said Marty Irby, executive director at Animal Wellness Action and a past president of the Tennessee Walking Horse Breeders' & Exhibitors' Association. “We're also pleased that their bill maintains the ban on the slaughter of our iconic American horses for human consumption in the U.S. The Congress must pass a ban on exports of live horses for slaughter, but the ban on U.S-based slaughter plants is a key part of the larger effort to stop horse slaughter throughout North America.”

“No one should ever be forced to choose between their own safety and the safety of their pets, and full funding of the PAWS Act is a strong step to ensure domestic violence survivors are not separated from their pets,” said Holly Gann, director of federal affairs at the Animal Wellness Foundation. “Furthermore, the continued ban on horse slaughter plants in the U.S. should be a clear sign to the industry that it has no future here.”

Starting early in the year, Animal Wellness Action and the Animal Wellness Foundation pushed enhanced spending to enforce our federal anti-cruelty laws. In addition to funding the PAWS Act and HPA, the organizations are also pushing for enhanced enforcement at the USDA's Office of Inspector General to enforce the Parity in Animal Cruelty Enforcement (PACE) Act that AWA and AWF worked to pass in the 2018 Farm Bill and took effect in December of 2019 that outlawed all forms of animal fighting in the U.S. Territories. We are also seeking to create an Animal Cruelty Crimes section at the U.S. Dept. of Justice, to ensure enforcement of all federal anti-cruelty laws, including the Preventing Animal Cruelty and Torture (PACT) Act that President Trump signed into law in November of last year.

AWA and AWF have also led the charge to eradicate the painful practice of soring – intentionally injuring Tennessee Walking, Racking, and Spotted Saddle Horses' legs to achieve an artificial high-step known as the “big lick” that's prized in the Southeastern U.S., and worked to successfully pass the U.S. Senator Joseph D. Tydings Prevent All Soring Tactics (PAST) Act through the U.S. House in July of 2019. The increase in HPA enforcement funding will also help fund the PAST Act if the Senate approves the House bill and it becomes law.

The PAWS Act was enacted to help address the issue of domestic violence against pets and the lack of ability to accommodate pets in domestic violence shelters. The measure authorized $3 million yearly until Fiscal Year 2023 to establish a grant program to provide emergency and transitional housing assistance so that more victims can flee an abusive situation with their pet. The PAWS Act also amended federal domestic violence laws to prohibit an abuser from killing, injuring, harassing, stalking, or engaging in conduct that places a victim in reasonable fear of death or serious bodily injury to their pet. In the FY2020, Congress included $2 million to fund this grant program.

New York Times Report: Split Sample Positive for Baffert Runners

Split samples taken from Charlatan (Speightstown) and Gamine (Into Mischief) after wins on the Arkansas Derby Day card at Oaklawn Park May 2 confirmed positive results for the local numbing agent Lidocaine, according to a report in New York Times Monday evening. Both horses are trained by Bob Baffert. Charlatan was a six-length victor in a division of the GI Arkansas Derby, while Gamine won an allowance race on the card and has since gone on to a romping victory in the GI Acorn S.

A statement released by attorney Craig Robertson on behalf of Baffert Monday, said it was believed an employee had inadvertently exposed the two horses to Lidocaine while wearing a pain-relieving Salon Pas patch. The statement also noted the trace amounts of the drug would have had no impact on the performances of the two horses.

The Arkansas Racing Commission confirmed in late May that two horses from the Baffert barn had tested positive for an illegal substance and that the trainer had requested a split sample from each be tested.

Robertson’s complete statement released Monday follows.

Even though Lidocaine is a lawful, widely available therapeutic medication, it was never intentionally administered to either Gamine or Charlatan. When test results indicated that trace amounts of Lidocaine were found in both horses after their respective races on May 2, Bob Baffert and his team were shocked. Leading up to May 2, both horses were healthy and

worked hard to earn their victories that day.

After investigation, it is our belief that both Gamine and Charlatan were unknowingly and innocently exposed to Lidocaine by one of Bob’s employees. The employee previously

broke his pelvis and had been suffering from back pain over the two days leading up to May 2.

As a result, he wore a Salon Pas patch on his back that he personally applied. That brand of patch contains small amounts of Lidocaine. It is believed that Lidocaine from that patch was

innocently transferred from the employee’s hands to the horses through the application of tongue ties by the employee that was handling both horses leading up to May 2.

What I want to make clear are the following three points:

This is a case of innocent exposure and not intentional administration.
The levels of Lidocaine found in both Gamine and Charlatan that day were extremely small–185 picograms for Gamine (in race 7), and 46 picograms for Charlatan (in race 11). A picogram is a trillionth of a gram.
It is our understanding that the trace amounts of Lidocaine found in both Gamine and Charlatan would not have had any effect on either horse–much less a performance-enhancing one. The extreme sensitivity of modern-day testing can now pick up trace levels of innocent contaminants that have no effect on a horse. This is an issue that regulators of horse racing need to account for and address.

Based on these facts, we intend on defending the cases involving Gamine and Charlatan before the Arkansas Racing Commission.

The post New York Times Report: Split Sample Positive for Baffert Runners appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Racially Charged VanMeter Posts Prompt Outrage

Dozens of angry industry members took to social media Monday morning after a racially charged social media post by a prominent Thoroughbred consignor surfaced on Twitter. By the end of the day, The Jockey Club, Keeneland, Fasig-Tipton, the Stronach Group and the NTRA had issued statements denouncing the posts.

Tom VanMeter, who owns and operates VanMeter Sales, a leading consignor based in Lexington, Kentucky, posted two comments in response to a question posted on Facebook by farm manager Donnie Snellings, asking people to repost his post if they planned to boycott the NFL season. Some fans pledged to boycott the NFL in 2016 after Colin Kaepernick first sat down, and then kneeled on the sidelines during the playing of the national anthem in protest of police brutality and racial inequality in the United States.

The question of the boycott was raised again when the NFL, after the nationwide protests and outrage in the wake of the killing of George Floyd, reversed its policy on allowing players to kneel before the game.

VanMeter’s first reply contained an abbreviation of the “N-word,” when he referred to the NFL as the “n-word football league,” and he later posted, “Put em back in their cage!!!”

Official industry reaction was swift. The Jockey Club posted the following statement on their Twitter feed. “OwnerView, jointly owned by The Jockey Club and TOBA, has suspended the account privileges of Tom VanMeter pending further review, based upon offensive content posted on social media under the same name. There is no place in racing or our society for racially hateful language.”

OwnerView is an owner platform which helps promote racehorse ownership along with industry providers. VanMeter’s profile has been taken down from the site.

Fasig-Tipton also denounced the comments in a statement.

“Fasig-Tipton does not generally comment on social media postings made by third parties, other than to make clear that this comment was not made by an employee or representative of Fasig-Tipton and does not reflect Fasig-Tipton’s values,” the statement read. “We do not condone or support any statements or actions that do not promote a more diverse and inclusive environment for industry participants.”

Keeneland issued similar sentiments.

“Keeneland condemns Tom VanMeter’s post,” the sales and racing company said in an emailed statement. “There is no place for racism in our sport or our society and his words are antithetical to Keeneland’s values of respect, community and equality. Our industry must deal honestly and directly with our lack of diversity and look hard at its underlying causes. It is not only the right thing to do, it is critical for the future of the sport we love.”

“At Keeneland, we have begun the process of reviewing our internal culture, structures and practices to try and build a better, more diverse and equitable Keeneland family. We do not believe there are easy answers to these complex and systemic challenges and everything is on the table as we move forward.”

The NTRA’s Alex Waldrop Tweeted, “The racist remarks and views posted on social media on an account belonging to Tom VanMeter have no place in society, let alone the horse racing industry. The NTRA no longer will accept financial contributions of any kind from him or others who share his views.”

The Stronach Group, which also owns and operates Santa Anita, Gulfstream Park, the Maryland Jockey Club and Golden Gate Fields, Tweeted the following: “The Stronach Group and 1/ST are appalled by Tom VanMeter’s comments. This type of hateful speech does not belong in any civilized society. It is repugnant, divisive and just plain wrong. It will not be tolerated at our tracks as it’s contrary to our mission as we believe strongly in human equality. To be clear, we celebrate our diverse employees, horsemen, guests and community that together make our venues and the sport as a whole, truly special.”

People on social media called for others not to support his consignment. “If you buy a horse from Tom VanMeter in September, you are part of the problem. End of story,” Tweeted owner Robert Masiello.

Denali Stud, where Donnie Snellings serves as farm manager, issued a statement of their own on Twitter. “In light of recent events surrounding racist comments made by a third party on an employee’s private social media account, it should be known that Denali doesn’t condone these comments. They don’t reflect our core values and there is no place for them in our industry or society at large.”

In a letter this morning, the TDN informed VanMeter that it would no longer accept advertising from him out of respect to its staff, readers and fellow advertisers.

A phone call to VanMeter’s cell phone was not returned in time for publication of this story.

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