Letter to the Editor: Davant Latham

Until horses live in a laboratory environment, environmental contamination will occur…hich means zero tolerance is impossible. “Zero Tolerance” is a great soundbite, but unrealistic. The recent final disqualifications of Charlatan and Gamine from their Oaklawn victories for minute levels of lidocaine are ridiculous. A lidocaine backpatch could easily be the source of such a tiny amount, as could a simple caslick procedure on a filly or a “no itch” topical ointment.

Let’s also consider the amount of the banned substance in their systems. Charlatan tested positive with 46 picograms of lidocaine and Gamine tested positive with 185 picograms of lidocaine. I don’t know the weight of either horse, but for the sake of simple math, let’s assume they each weigh 1000 pounds:  1000 pounds = 453,592 grams = 453,592,000 milligrams = 453,592,000,000,000,000 picograms

Do we really believe 185 picograms of any substance will have any effect on a 453,592,000,000,000,000 picogram horse?!

I am all for fair competition and am not an apologist for anyone that intentionally cheats or schemes to illegally beat the system–those trainers and vets should be banned for life. But let’s go beyond soundbites for the media (“Zero Tolerance”) and govern racing with realistic rules while pursuing truly effective measures and punishments. Stall cameras, track employed veterinarians, all meds delivered from track-owned pharmacies, etc., are better ways of controlling the delivery system. And of course one national set of rules would help.

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Oaklawn Drug Positives: Baffert Suspended 15 Days, Charlatan, Gamine Forfeit Wins

Hall of Fame trainer Bob Baffert has been handed a 15-day suspension by the Arkansas Racing Commission, reports the New York Times, for a pair of positive tests on Arkansas Derby day (May 2) at Oaklawn Park.

Both Charlatan, winner of the first division of the G1 Arkansas Derby, and Gamine, winner of an allowance race earlier on the card, will forfeit their victories and the purse monies earned, $300,000 and $36,600, respectively.

Gamine went on to win the G1 Acorn Stakes at Belmont Park on June 20 by almost 19 lengths, setting a stakes record for a mile on the main track in 1:32.55.

Baffert's 15-day suspension is scheduled to run from Aug. 1 through 15.

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, also according to the New York Times. Split samples, sent at Baffert's request to the Equine Analytical Testing Laboratory at the University of California-Davis, confirmed the findings, as first reported in the New York Times.

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, released on July 6, 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.”

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

The statement continued: “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 Charlatan before the Arkansas Racing Commission.”

Should Baffert and his attorney choose to contest the ruling, an appeal would go before the Arkansas Racing Commission. Any appeal of that decision would then be handled in civil court.

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.

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Report: Baffert’s Lidocaine Findings Not Likely A Sign Of An Effort To Mask Injury

Now that the results of split sample tests are back on Bob Baffert trainees Charlatan and Gamine, both of whom won races at Oaklawn Park in early May, Baffert's attorney has confirmed the positive tests were for lidocaine. Dr. Mary Scollay, executive director and COO of the Racing Medication and Testing Consortium, told The Blood-Horse this week that it seems unlikely a trainer would use lidocaine intentionally to mask a lame horse before a race.

Lidocaine has a number of accepted therapeutic uses — as a topical numbing agent, it can be deployed before a veterinarian puts in stitches to a wound, or can be helpful to relieve pain or swelling from a bug bite or other skin issue in a spot that's hard to bandage. It can also be injected as a temporary nerve block as part of a standard lameness exam. In order to isolate the source of a lameness, veterinarians will carefully apply short-acting nerve blocks to work out, by process of elimination, which structures are responsible for a horse's gait abnormality and then target their diagnostic imaging from there.

It seemed unlikely to Scollay that someone would numb a horse with lidocaine before a race to mask a problem or gain a competitive advantage because it's well-known as a substance easily detected in drug tests.

Still, Scollay told writer Eric Mitchell, she's of the opinion that horses should be disqualified in the case of medication violations, because not doing so unfairly disadvantages the horse that finished second with no medication overages. In the case of Charlatan and Gamine, Arkansas guidelines would allow for disqualification and reallocation of purse money if the commission determines a violation occurred.

Baffert's attorney told media Monday the overages were the result of a pain patch a member of Baffert's staff was using to relieve back pain, and that he intends to defend the cases before the commission.

Read more at The Blood-Horse

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‘Stronger And Thicker’ Basin Ready To Take the Next Step In Blue Grass Stakes

Toyota Blue Grass (G2) hopeful Basin, who races for Jackpot Farm, was the first horse to breeze over Keeneland's fast track Monday when he covered a half-mile in :50.20 around 5:45 a.m. The breeze was the second consecutive move at Keeneland for last year's Hopeful (G1) winner, who covered 5 furlongs in 1:00.60 a week ago.

In his most recent race, Basin was second in a division of the Arkansas Derby (G1) at Oaklawn Park. The colt, which has won two of six races and earned $471,000, is ninth on the Road to the Kentucky Derby leaderboard with 50 points.

“In the last nine weeks he's gotten stronger and thicker; he's a happy, happy horse right now,” Jackpot's Ryne Poncik said on an NTRA conference call Tuesday afternoon. “I was talking to (trainer) Steve (Asmussen) yesterday, and I guess the kickback at Keeneland is rather hard. So, we definitely want to be forwardly placed and in the clear, so he doesn't have to worry about any kick back. With a good post and him being forwardly placed, I think we've got a good shot.”

In his three starts this season, Basin has been no worse than fourth. The colt ran third in the G2 Rebel, then fourth in the listed Oaklawn Stakes. Basin chased Charlatan home, beaten six lengths when second in the Arkansas Derby in early May; Poncik has always been impressed by the colt's hard-trying nature.

“His heart is bigger than his body,” Poncik said. “He's not a big, big colt, but he'll never give up until the end. He won't give up until he passes the wire, for sure.”

Basin is a member of the first crop by Liam's Map, who won the 2015 Las Vegas Breeders' Cup Dirt Mile (G1) at Keeneland. Jackpot purchased the colt for $150,000 at Keeneland's 2018 September Yearling Sale, where he was consigned by Brookdale Sales, agent for breeder Cottonwood Stables.

Asmussen, North America's second-leading all-time trainer by wins (8,896) and earnings ($333,188,601), has started five horses in the Toyota Blue Grass with his best finish a runner-up effort by Storm Treasure in 2006. He sent out Jackpot's Zing Zang to a ninth-place finish in the 2018 Toyota Blue Grass.

Entries for the 96th running Toyota Blue Grass and five other stakes will be taken Wednesday. The Toyota Blue Grass carries 170 qualifying points for the Kentucky Derby Presented by Woodford Reserve (G1) on a 100-40-20-10 scale to the first four finishers.

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