Weekly Stewards and Commissions Rulings: Feb. 15-21

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

California

Track: Santa Anita
Date: 02/18/2022
Licensee: Jonathan Wong, trainer
Penalty: $500 fine
Violation: Late declaration
Explainer: Trainer Jonathan Wong, who was scheduled to start She Said Yes in the third race at Santa Anita Park on Feb. 13, 2022, is fined $500.00 for violation of California Horse Racing Board rule #1629 (Penalty for Late Declaration–didn't want to run).

Track: Santa Anita
Date: 02/19/2022
Licensee: Derek Lawson, jockey agent
Penalty: $500 fine
Violation: Business conduct
Explainer: Jockey Agent Derek Lawson, is fined $500.00 pursuant to California Horse Racing Board rule #1530 (Cases Not Covered by Rules and Regulations–failure to conduct business in a proper manner) on Feb. 13, 2022 at Santa Anita Park.

Track: Santa Anita
Date: 02/19/2022
Licensee: Tim McCanna, trainer
Penalty: $400 fine
Violation: Late Lasix registration
Explainer: Trainer Tim McCanna is fined $400.00 for violation of California Horse Racing Board rule #1845 (Authorized Bleeder Medication–late registration) of GEA in the first race on Feb. 18, 2022, at Santa Anita Park.

Track: Santa Anita
Date: 02/19/2022
Licensee: Victor Espinoza, jockey
Penalty: $500 fine
Violation: Excessive use of the crop
Explainer: Jockey Victor Espinoza is fined $500.00 for violation of California Horse Racing Board rule #1688(b)(8) (Use of Riding Crop–more than six times) during the seventh race at Santa Anita Park on Feb. 18, 2022.

Track: Santa Anita
Date: 02/19/2022
Licensee: Abel Cedillo, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Abel Cedillo, who rode Dream Robber in the second race at Santa Anita Park on Feb. 18, 2022, is suspended for three racing days (Feb. 26, 27 & Mar. 4, 2022) for altering course without sufficient clearance shortly after the start and causing interference. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rules – Careless Riding). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

Track: Santa Anita
Date: 02/20/2022
Licensee: Jose Luis Delgadillo, jockey
Penalty: N/A
Violation: N/A
Explainer: Jockey Jose Luis Delgadillo having now complied with a testing agreement with the California Horse Racing Board (submitted negative test) is deemed eligible for licensing. Ruling #92 issued on May 15, 2021, at the Los Angeles Turf Club, Inc. is hereby set aside. Further Jose Luis Delgadillo shall remain on a testing agreement as long as he is licensed in California.

New York

Track: Aqueduct
Date: 02/19/2022
Licensee: Ralph D'Alessandro
Penalty: $500 fine
Violation: Poor business practice leading to scratch
Explainer: Mr. Ralph D'Alessandro has been fined the sum of $500.00 for failing to tend to business in a proper manner necessitating a scratch in the first race at Aqueduct racetrack on Feb. 19, 2022.

Kentucky

Track: Turfway Park
Date: 02/21/2022
Licensee: Bob Baffert, trainer
Penalty: $7,500 fine and 90-day suspension
Violation: Medication violation
Explainer: Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at University of California, Davis (Laboratory No: 210525-424136), sample number E427258 taken from Medina Spirit, who finished first in the 12th race at Churchill Downs on May 1, 2021, contained betamethasone in blood (Class C drug) (fourth medication violation in 365 days in any racing jurisdiction). After a formal hearing before the Board of Stewards Robert A. Baffert is hereby suspended 90 days, Mar. 8, 2022 through June 5, 2022 (inclusive) and fined seven thousand five hundred ($7,500) dollars. Medina Spirit is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. During his suspension Mr. Baffert is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission. Entry of all horses owned or trained by Mr. Baffert is denied pending transfer to persons acceptable to the stewards. Upon receipt of this ruling, it is required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject the licensee to summary suspension of license pursuant to 810 KAR 3:020 Section 15 (cc).

Track: Turfway Park
Date: 02/21/2022
Licensee: Amr Zedan, owner
Penalty: Disqualification and purse money forfeiture
Violation: Medication violation
Explainer: Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at University of California, Davis (Laboratory No: 210525-424136), sample number E427258 taken from Medina Spirit, who finished first in the 12th race at Churchill Downs on May 19 2021, contained betamethasone in blood (Class C drug). Amr F. Zedan was present at a formal hearing before the Board of Stewards. MEDINA SPIRIT is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. All purse monies must be returned to the association. The purse of this race is ordered redistributed.

This ruling is pending appeal, more about which can be read here.

The post Weekly Stewards and Commissions Rulings: Feb. 15-21 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Baffert Legal Team Optimistic After KHRC Hearing

A full 289 days after the running of the 2021 GI Kentucky Derby, the Churchill Downs stewards finally got around Monday to holding a closed-door hearing regarding the positive post-race test for Medina Spirit (Protonico). And while a decision may not be imminent, Clark Brewster, the lawyer representing trainer Bob Baffert, emerged from the hearing hopeful that his side will prevail.

“Upon an honest and fair-minded review, Bob Baffert and Medina Spirit will be fully exonerated,” Brewster wrote in a text.

As has been the case with the Kentucky Horse Racing Commission (KHRC) since the running of last year's Derby, the hearing was shrouded in secrecy, which left many questions unanswered. Brewster said he did not know when a decision would be announced.

“How long is a string?” he texted, using a phrase that meant he did not know the answer and did not want to venture a guess.

Medina Spirit tested positive for the medication betamethasone.

Should the Churchill stewards decide to disqualify Medina Spirit, Brewster, Baffert and owner Amr Zedan would have the option of appealing the decision to an administrative law judge. It seems likely that's an option they would take in a legal battle that could drag on interminably.

At first Baffert denied that Medina Spirit had ever been treated with betamethasone, but then changed his story. He said the horse was treated with a skin ointment before the Derby to deal with a rash and the ointment contained betamethasone. The Baffert team subsequently had a split sample from the race tested and said it proved that the betamethasone came from the ointment, which meant that it was not injected into the horse, something that, possibly could have improved performance. The stewards may decide that it does not matter where the drug came from and that its presence in Medina Spirit warrants a suspension, no matter the circumstances.

“We are now left to trust that the stewards will apply the uncontroverted facts to the Kentucky Racing rules as they are written,” Brewster said in his text. “Medina Spirit was treated by veterinarian prescription with a topical salve for a skin infection. The Kentucky rules expressly permit use of topical salves and the treatment given to Medina did not violate any rule. The post-race specimen positive reporting 21 picograms of betamethasone was caused by the topical salve. The Kentucky Rules (and all other jurisdictions) restrict only Betamethasone Acetate or Sodium Phosphate (which appears in a horse's system when injected with betamethasone). These formulations are Injectable solutions into a horse's intra-articular joint. Medina Spirit was never injected with betamethasone and the evidence presented today proved that conclusively.”

Brewster wrote that Baffert has been treated unfairly.

“The false narrative regarding this case was sprung early and spread widely by uninformed or malevolent accusers and spread by careless reporting,” he said.

Even should the stewards decide to maintain Medina Spirit as the winner, Baffert could still be on the outside looking in when it comes to the 2022 and 2023 Derbies. He is under a two-year suspension issued by Churchill Downs and the track would be under no obligation to lift its ban if Baffert is cleared by the KHRC.

The post Baffert Legal Team Optimistic After KHRC Hearing appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Medina Spirit Dies of Apparent Heart Attack at Santa Anita

by Bill Finley & Dan Ross

Medina Spirit (Protonico) died of an apparent heart attack following a five-furlong workout Monday morning at Santa Anita. The colt's owner, Amr Zedan, confirmed the news to TDN.

The incident happened after Medina Spirit completed a five-furlong workout in 1:01.40.The breeze took place at about 7:45 a.m. PT.

“I just heard. He had a heart attack,” Zedan said. “It was quick and he didn't suffer. It's unfortunate. In a moment like this there is not much that we can do. All I can say is that he gave us the ride of our lives and brought everyone together. We are mourning this loss, Bob [Baffert], myself, our team and Johnny [Velazquez], as well. We are all very sad.”

California Horse Racing Board Equine Medical Director Jeff Blea said after watching a video of the breeze that there were signs of trouble near the conclusion of the workout.

“He looked like he was struggling the last part, and the rider was pulling him up,” Blea said.

Blea added that by the time a track veterinarian reached Medina Spirit, the 3-year-old colt had already died.

It was Medina Spirit's second work since he finished second in the GI Longines Breeders' Cup Classic.

“We had such high hopes for him and so many plans,” Zedan said. “We were going to go to the Saudi Cup and possibly to Dubai. We wanted to campaign him all next year. The last thing I expected was to hear something like this. It is God's will.”

Throughout Medina Spirit's racing career, Zedan has stood by Baffert and continued to do so Monday.

“We have a great team and Bob is an amazing friend and an amazing trainer,” he said. “This unfortunately happens sometimes. I have full confidence in my team and in Bob. Unfortunately, this happens.”

As per usual in California, Medina Spirit will now undergo a full necropsy examination. A panel of experts will also conduct a review of the fatality.

When asked if he believed there were any suspicious precipitating circumstances behind the sudden death, Blea responded in the negative.

“Absolutely not. We'll address this like we do all our fatalities, try to find out the reason for it and how to prevent it in the future,” Blea said. “But at this point, there is nothing that's untoward that I'm concerned about.”

Monday's news was the latest and most tragic twist during a career filled with dizzying highs and lows.

Medina Spirit was sold for just $1,000 as a yearling and later for $35,000 as a 2-year-old at the OBS July 2-Year-Old Sale. After breaking his maiden in his lone start at two, Medina Spirit won the GIII Robert Lewis S. before finishing second in both the GII San Felipe S. and the GI Santa Anita Derby. Dismissed at 12-1, he led every step of the way to cross the wire a half-length in front in the GI Kentucky Derby.

Afterward, however, it was revealed that he had tested positive for the medication betamethasone. That led Churchill Downs to issue a two-year suspension to Baffert, which, as things now stand, will keep him out of the 2022 and 2023 Kentucky Derbies. The New York Racing Association has also attempted to ban Baffert. Its case against him has yet to be resolved.

The post Medina Spirit Dies of Apparent Heart Attack at Santa Anita appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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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.

The post Baffert Attorneys Claim Test Proves Ointment Led To Medina Spirit’s Failed Drug Test appeared first on Horse Racing News | Paulick Report.

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