Amr Zedan | Horse Racing Free Tips

Report: Derby DQ May Come Down To Legal Phrasing

As discussion around Kentucky Derby winner Medina Spirit's positive betamethasone test continues, the attorney for owner Amr Zedan seems to already be preparing a legal challenge for a potential disqualification.

Kentucky regulations spell out penalties for trainers and for owners following a drug positive, depending on the number and class of drug violations for the relevant licensee. The penalties for owners include disqualification and loss of purse, as well as a potential requirement for horses to undergo further examination or testing before returning to racing.

As explained in the Louisville Courier-Journal, there seems to be some debate about what will happen if a split sample comes back positive. Dr. Mary Scollay, former equine medical director for the Kentucky Horse Racing Commission, and Marc Guilfoil, current executive director for the commission, both point out that there is no “mitigating circumstance” language in the owner sanctions for a Class C positive. Stewards are given a range of possible suspensions and fines for trainers with the phrase “absent mitigating circumstances” at the end, meaning they can use discretion within those ranges depending on information they get from the trainer about how the drug became introduced to the horse — i.e., environmental contamination. There is no “mitigating circumstances” language at the end of the penalties outlined for owners in this circumstance.

Attorney Clark Brewster maintains however that the phrase “shall apply” when referring to the disqualification and loss of purse for owners is legally ambiguous. While lay people understand “shall” and “must” to be the same, Brewster points out that there is some variation in interpretation of the two words in legal settings. Brewster argues that stewards should take mitigating circumstances — like whether the drug was intended to advance performance — into account when they make their eventual decision.

Read more at the Louisville Courier-Journal

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Zedan Backs Up Baffert on Rash Explanation

Amr Zedan, owner of GI Kentucky Derby winner Medina Spirit (Protonico), released a statement Tuesday, again in support of trainer Bob Baffert following revelations over the weekend that the Derby winner had tested positive for Betamethasone and after Baffert announced Tuesday that Medina Spirit had been treated with the topical cream Otomax, which contains the corticosteroid. The statement, which was issued by attorney Clark Brewster, read:

“Bob Baffert reported today that a topical ointment that was recommended and dispensed by an equine veterinarian to treat a skin rash appearing on the hips of Medina Spirit may have been the contaminant source leading to the post-race positive following Medina Spirit's Kentucky Derby victory. I have reviewed the picture of the rash and fully understand the need for care and the
good faith intentions in using the ointment supplied by the veterinarian. I want to express my full trust and support for Bob Baffert as we cheer on Medina Spirit in the 146th running of the Preakness this weekend.”

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Zedan Stands by Baffert

Amr Zedan, the Saudi Arabian businessman who owns Medina Spirit (Protonico), said Sunday that he believes Bob Baffert is innocent of any wrongdoing in this year's GI Kentucky Derby and will stand behind his trainer.

Baffert informed the media Sunday that Medina Spirit tested positive for the medication Betamethasone, a corticosteroid, after crossing the wire in front in this year's Derby.

“I totally support and believe Bob Baffert,” Zedan told the TDN. “He is a professional beyond belief and he has never administered this drug to this horse at all. Medina Spirit has never been treated with this drug and we hope that the split sample will definitely prove that. Bob Baffert has my support, 100%.”

Zedan said he was confident that Baffert will be exonerated and Medina Spirit will remain the official winner of the 2021 Derby.

“This story does not add up,” Zedan said. “I know Bob Baffert as a human being and as a friend and I trust him. I trust him blindly. This will go away and, hopefully, Medina Spirit will get reaffirmed as the 2021 Kentucky Derby winner.”

Should Medina Spirit be disqualified, Zedan will lose the $1,860,000 in purse money that goes to the winner of this year's Derby.

During a news conference he held at Churchill Downs, Baffert said he is not a “conspiracy theorist,” but, at the same time, questioned why he keeps getting positives. The implication was that he had done nothing wrong and that the system is flawed.

“I know one thing for sure, when you are that successful you create a lot of animosity,” Zedan said. “And a lot of issues get stirred up. I am not a believer in conspiracy theories. But this is a tax one pays for being that successful. There is absolutely no upside for anybody to do this. There was no reason to do this. He just finished up with whatever happened in Arkansas, where he was exonerated.”

Zedan said he had no plans to take any legal action of his own.

“I will leave it to Baffert,” he said. “He will take the lead on this. I am very much looking forward to being at the Preakness. I think he will make us proud in the Preakness and show everyone what a great horse he is. This, too, shall pass.”

Zedan has owned horses since 2017 and started off with Doug O'Neill. He had little success until sending his horses to Baffert in 2020. In addition to Medina Spirit, Baffert and Zedan teamed up to win the 2020 GI Del Mar Debutante and GI Chandelier S. with Princess Noor (Not This Time).

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Gary Young On OBS Bargain Purchase Winning Kentucky Derby: ‘I’ll Remember That Moment For My Entire Life’

Veteran bloodstock agent Gary Young is still living on a proverbial Cloud Nine following Medina Spirit's victory in last Saturday's $3-million Kentucky Derby presented by Woodford Reserve (Grade 1).

Young, who is based in Southern California, purchased the Florida-bred Protonico colt for a mere $35,000 as a 2-year-old at the 2020 OBS July Sale for Amr Zedan.

“Jockey Victory Espinoza actually helped bridge the relationship with Mr. Zedan,” Young said. “He's a lifelong horse lover and he felt like he wanted to get back in the game. He met (Bob) Baffert in Saudi Arabia a couple years ago and he decided to take another swing at the game. The first sale we went to (2020 OBS April) he gave me a budget of $1 million and I got there that day and sometimes you hear rumblings about potential top sales prices around the sale. I called him about the two horses we marked down and told him there was a chance we wouldn't get both for that price and one may go for more than the budget.”

Young was correct and their first purchase was future Grade 1-winning filly Princess Noor, who dropped the hammer at $1.35 million. Princess Noor subsequently retired at the end of 2020 due to an injury but was pronounced in foal Friday to top stallion Into Mischief.

Following Princess Noor's purchase, Young returned to the sales ring to the rescheduled OBS July Sale. Because the sale was delayed by the COVID-19 pandemic, Young only had 12 horses marked down in his catalogue to look at following the breeze preview days.

“After the last day of the preview I walked out of the sale similar to Rocky Balboa walking back to the corner after Apollo beat him up,” Young said. “I called Mr.Zedan and he asked me if I remember seeing a horse by Protonico breeze. It was easy to remember because there was only one horse by Protonico in the sale and he was one of the 12 horses I wrote down to look at. He told me his friend stands the stallion and asked if I could go look at him.

“In his sales breeze he kept his rhythm very well to the wire and actually continued out well to the seven-eighths pole. I have the catalogue of that sale and on the page for (Medina Spirit) I wrote, 'natural router stride.'”

When Young arrived to look at Medina Spirit prior to the sale, he noted his dark color like his sire Protonico. On the day of the sale, Young purchased Medina Spirit and he was shipped to Southern California to Baffert.

“I'm glad Mr. Zedan chose me to work with but even more importantly he chose Bob,” Young quipped.

Young arrived to Louisville eight days prior to this year's Kentucky Derby – the same time his prized purchase walked off the van to begin his final preparation for the “Run for the Roses.”

“I kept coming home to the hotel room all week knowing this horse would run well,” Young said. “In the Derby, I knew there wasn't a lot of speed inside of us. We knew Mandaloun had some speed but we thought Brad (Cox) would instruct (Florent Geroux) get him to relax. Rock Your World, who I considered our main opposition, got left leaving the gate.

“Down the backside you start looking around who's traveling well behind you. I could see Mandaloun was a different horse than the Louisiana Derby. He was probably pulling more than you like but he was running. Then, I noticed Flavien (Prat) on Hot Rod Charlie was traveling beautifully. Essential Quality was a little further out than Medina Spirit, Mandaloun and Hot Rod Charlie.”

Young's mere $35,000 purchase gamely turned back his rivals down the stretch for a half-length victory in the Kentucky Derby.

“I remember seeing Mr. Zedan after the race just fall to his knees in pure jubilation,” Baffert said. “What a humble man. We couldn't be happier for him.”

Young was noticeably hoarse Sunday morning following the Derby celebration.

“You can't put into words what winning the Kentucky Derby means,” Young said. “Life has been so good to me. I've been around so many talented people and horses. In the past I've been fortunate enough to win many Grade 1 races but there's only one Kentucky Derby and I'll remember that moment for my entire life.”

Medina Spirit will face his next test in next Saturday's Preakness Stakes (G1) at Pimlico. He returned to training Wednesday at Churchill Downs and will ship to Baltimore, Md., Monday afternoon.

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