Turfway to Rebuild Stable Gate in Aftermath of Horse Escape onto Highway

Turfway Park in Florence, Kentucky, will be installing a new stable gate entryway after the current season ends in March to try and avoid a repeat of the havoc caused on the night of Feb. 1 when a loose Thoroughbred escaped from the backstretch and ran onto nearby Interstate 71/75 before being captured without serious harm.

Barbara Borden, the chief state steward presiding at Turfway, detailed the incident during Tuesday's Kentucky Horse Racing Commission (KHRC) meeting.

“The horse got loose in the barn area, unfortunately ran through the stable gate, and actually ran over a person who was trying to catch him as he was leaving the barn area,” Borden said. “And he wound up on [the interstate] going north. So he was thankfully caught, without much ado or injury to himself or any humans, about six, seven miles up the road.”

Videos posted on social media by motorists, plus police body camera footage, showed the horse-whose identity was not revealed in news reports or by the KHRC-running up the interstate in the dark.

WCPO-TV out of nearby Cincinnati, Ohio, had reported drivers “dutifully turned on their hazard lights and slowed down” and that police from the city of Erlanger “tried to help by boxing in the horse with their cruisers.”

State police shut down the highway around 10:15 p.m., according to published news reports.

“At one point, the horse ran full gallop southbound in the northbound lanes into the rear of [a] police cruiser, causing damage to his trunk,” stated a police incident report quoted by WCPO. The TV station further reported that the horse fell down after striking the car, “only to get back up and continue making a break for it.”

Police body camera footage with a time stamp of 10:22 p.m. showed the horse standing calmly while shanked in the hands of a caretaker who was trying to soothe him on the side of the interstate.

“We were talking to Florence police, and we alerted them that the horse was loose,” Borden said. “I called one of our outriders and said, 'Hook your trailer up and get out there,' and he did. He was the one who actually brought the horse back. We got very lucky that no person or horse was injured.”

One officer could be heard saying on the police footage, “This is nuts, man. That's a first. Definitely a first.”

Actually, it wasn't.

On Mar. 2, 2013, a first-time starter named Joseph the Catfish ducked out, unseated his rider, and leapt Turfway's outer rail. He ran down Houston Road through a retail district before being captured in an attempt to run south onto the same highway.

Chip Bach, Turfway's general manager, told commissioners at the Feb. 27 meeting that the track's stable gate had been damaged in an unrelated incident prior to the horse escape.

The rebuilt version, Bach said, will include a safety arm with flashing LED lights that can be lowered at the press of a button if a security staffer hears the “loose horse” siren going off on in the stable area.

“The  plan is to work on it as soon as we get past this meet,” Bach said.

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When is a Maiden Not a Maiden? It Cost this Owner $5,331 to Find Out

When is a maiden not considered a maiden for entry purposes? Pennsylvania-based owner Albert “Abby” Abdala III lost $5,331 in second-place purse money trying to find out after an “ineligible entry” ruling was imposed upon him and his trainer, Bernard Dunham, on Feb. 2 by the Turfway Park stewards.

Abdala, who has owned Thoroughbreds for 10 years after getting started in horse ownership with Standardbreds, told TDN in a Feb. 8 phone interview that he still doesn't understand why Turfway officials accepted his entry for the 0-for-9 Magnolia Wind (Central Banker) in a $30,000 maiden-claiming race Jan. 4 if the stewards later deemed the 4-year-old filly to be ineligible.

The eligibility issue arose after the Jan. 4 race when Magnolia Wind was going to be entered again, and Turfway stewards Barbara Borden, Ron Herbstreit, and Brooks Becraft III learned that Abdala had an appeal pending with the Maryland Racing Commission over Magnolia Wind's race-interference disqualification from first to second in a $30,000 maiden-claimer at Laurel Park Nov. 9.

In that Laurel race, the 12-1 Magnolia Wind led all the way in a 5 1/2-furlong grass sprint. According to the Equibase chart, she “drifted out near the sixteenth pole, dug in and prevailed.”

“She won the race,” Abdala said. “But the stewards said we were 'herding,' which I thought was ridiculous because both riders were riding to the wire, nobody checked, and we held on. I appealed it, but the hearing wasn't going to be until Feb. 6.”

In the interim, after Magnolia Wind had gone nearly two months without a start, Abdala said he told Dunham, who has been a licensed trainer for 33 years, “She's good right now, we've got to race her.”

Although Magnolia Wind trains at Fair Hill in Maryland, Abdala did not want to run her on the dirt somewhere closer to home, because that's not her best surface, he explained.

“That's why I went out to Turfway, because she needs the Tapeta or the turf,” Abdala said.

Because Magnolia Wind's record on Equibase clearly showed the she had zero lifetime wins, “I assumed that the horse was eligible as a maiden,” Abdala said.

“I told my trainer to put her in, and he put her in. He entered her [electronically via] the computer. And we never said anything to anybody [about the Maryland appeal], because I didn't know we had to. They accepted the entry. Then we drove that filly nine hours to get to Turfway.”

The long journey appeared to pay off. Magnolia Wind ran second at 5-1 odds.

“And now they come after me saying that we knew she wasn't eligible, and that we're unlawful,” Abdala said.

Abdala said that after being notified of the ineligibility, he didn't come away from a conversation with Borden, Herbstreit, and Becraft with a clear understanding of why the Turfway's racing office officials or the stewards didn't bear some responsibility for allowing the entry in the first place.

TDN emailed Borden, the chief state steward, plus Kentucky Horse Racing Commission (KHRC) executive director Jamie Eads, asking for some context behind the ruling and for clarification about why the Jan. 4 entry was approved by Turfway officials.

A different KHRC spokesperson replied with an email that outlined some of the sequence of events on “background only.” Because what was disclosed in that email could not be attributed to a specific KHRC official, the entire explanation has not been provided here. A follow-up request by TDN asking if the KHRC wanted to provide any response for the record did not yield a reply prior to deadline for this story.

The Turfway stewards' report for that date that is signed by all three stewards and posted on the Kentucky Horse Racing Commission website makes no mention of the ineligibility.

But the subsequent Feb. 2 stewards' ruling disqualified Magnolia Wind from second place and ordered her $5,331 in purse earnings redistributed.

“I'm an accountant, a CPA, and I have an accounting firm,” Abdala said. “We have a lot of horse racing people as clients. I've asked everybody, and they all told me, 'Abby, your horse was eligible.'”

Abdala said he is no longer pursuing any appeals in Maryland or Kentucky regarding his twice-DQ'd filly.

“I didn't want to cause trouble or anything, and I want the filly to be able to race,” Abdala said. “So I just dropped everything–I dropped the hearing in Maryland, and I dropped the [potential appeal] at Turfway. I just want her to run. It's detrimental to her. After I dropped everything, they said they'll accept our entry now.”

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KHRC Rules the Focus On Day 2 of Medina Spirit DQ Appeal

A deeper dive into the Kentucky Horse Racing Commission's rules defining what medications are considered prohibited versus those that are considered therapeutic and the standards for out-of-competition testing in relation to betamethasone as opposed to post-race testing were the hot topics during day two of the Kentucky Horse Racing Commission's hearing addressing trainer Bob Baffert's appeal Tuesday.

Baffert filed the appeal to clear from his record a 90-day suspension he already served this spring, along with reversing Medina Spirit (Protonico)'s disqualification from his victory in the 2021 GI Kentucky Derby.

Both were the result of the Baffert trainee testing positive for betamethasone after winning the first leg of last year's Triple Crown, which led to the stewards' February ruling which disqualified the horse, cost owner Zedan Racing Stables the $1.86-million purse, and served Baffert his suspension (which ran from April through early July) and a $7,500 fine.

The day started off with Kentucky chief steward Barbara Borden taking the witness stand, where she stayed nearly four and a half hours while providing testimony, as Baffert's team argued that since the betamethasone was administered as an ointment rather than injected, it did not violate any regulations. However, the KHRC maintained that any systematic presence of betamethasone, regardless of how it was received, is prohibited on race day.

Borden took to the stand at 9 a.m., where she began answering questions from KHRC general counsel Jennifer Wolsing, setting the foundation for further inquiry with a review of Gamine (Into Mischief)'s disqualification from her third-place finish in the 2020 GI Kentucky Oaks following her post-race blood test that revealed the presence of betamethasone. Along with Gamine's disqualification, Baffert was fined $1,500.

From there, Borden responded to questions specifically regarding what transpired following the confirmation of Medina Spirit's betamethasone overage in the 2021 Kentucky Derby.

“I'm not happy when there's any medication violation. I felt like the process we were gonna go through…there was going to be a lot of publicity, [it would be] bad for racing in general, [and] would possibly be drawn out like it has been,” she responded when asked by Wolsing what her reaction to the positive test result was.

When asked if her decision in the final ruling was influenced at all by factors such as the media, the cases with Churchill Downs and the New York Racing Association, or Gerard O'Brien–Borden's significant other of 30 years that is a seasonal employee of Turfway Park (which is owned by Churchill Downs)–Borden was firm in her answer, “no.”

She reaffirmed that the stewards' decision was based on Baffert's four offenses in the 365-day period, including Gamine and Medina Spirit's overages of betamethasone in Kentucky–both considered Class C violations–and the overages of lidocaine found in the post-race samples of Charlatan (Speightstown) and Gamine after each won on 2020 GI Arkansas Derby Day, which are considered Class B violations.

“We did consider everything that was presented to us and ultimately this was our unanimous decision,” she said.

Also, during Wolsing's time taking testimony from Borden, she presented results of a review of positives for betamethasone that noted since the threshold change on Aug. 25, 2020, there were only two positives, and both were in Baffert horses: Gamine and Medina Spirit.

Over an objection by Baffert's attorney Clark Brewster, Wolsing presented a 2016 case regarding a betamethasone positive that involved trainer Tom Amoss, where he explained that he believed it came from application of an ointment. Though the case was dealt with under old rules, the case was presented to draw a parallel to the Baffert case, as Borden said the administration of the betamethasone was irrelevant then and Amoss was sanctioned and the horse that tested positive was disqualified.

The case of Kentucky-based trainer Carlos Lopez, who was suspended a total of 180 days following four violations within a year-period in 2014 and 2015, was also brought up as a parallel to Baffert's case.

In the final moments of Wolsing's cross-examination of the witness, Wolsing asked Borden if the ruling handed down to Baffert by the stewards for his four offenses in that year period was a penalization that she'd stand behind today. Borden was quick to respond, “Yes.”

After a brief break, Brewster began his questioning of Borden, focusing intently on the line drawn between what is considered a therapeutic medication and what is a prohibited medication, specifically in the case of the topical ointment Otomax, which contains betamethasone. Though she acknowledged that it is used therapeutically, Borden said that betamethasone is prohibited completely in a post-race sample, meaning it cannot be present in the horse's system at any level on race day.

Brewster also focused on Kentucky's out-of-competition rules, which center around out-of-competition testing's focus on finding substances that are never allowed in the horse, but does allow betamethasone as a therapeutic use, since those tests are not administered on race day.

Borden was adamant to point out that these rules only applied to out-of-competition testing, not testing completed on the day of a race, which strictly prohibits betamethasone.

Later on, Brewster questioned Borden about the Kentucky rules that offer different guidance of various medications based on method of administration, while also citing the differences in rules for non-steroidal anti-inflammatory drugs (NSAIDs) and corticosteroids (which is the category betamethasone falls under), as both are considered Class C medications.

He also cited the lack of detail that came with the 14-day stand down period, which was added in August 2020, and emphasized that it appeared to be “advisory” rather than firm. Brewster also noted the lack of limit or threshold listed, along with the absence of a stop or start time for the stand down period.

“There is no reference at all in a stand down definition that it is regulated by a lab test, is there?” he asked Borden.

“Not in this definition,” she replied.

Later in the day, Kentucky equine medical director Bruce Howard took to the witness stand, where he explained how the out-of-competition testing was handled prior to the 2021 Kentucky Derby, how testing was handled on race day, and what the process of collecting and sending out the post-race samples was like.

“We tested every horse in the Derby, even some that didn't draw in,” said Howard, when asked about the out-of-competition testing conducted.

It was during this time that Howard shared that pre-race testing of Medina Spirit, conducted Apr. 18, did not reveal any detection of betamethasone.

“I was a little surprised we didn't find it,” said Howard. “If it was being applied every day, I would've expected we'd still see it.”

When asked about his reaction to Medina Spirit's betamethasone positive in his post-race sample following his Derby victory by attorney Luke Morgan, representing the KHRC, Howard said, “I hate it when we have this happen. It leads to a lot of problems, obviously. My wish every year is for a good, safe, clean race.”

In terms of substances in the Kentucky rules that do not list a threshold for, Howard made it clear that they are not allowed at any level in the horse on race day, which follows guidance from the industry's Racing Medication and Testing Consortium and the model rules of the Association of Racing Commissioners International.

“Moving these drugs away from race day would give us a clearer picture when we did our race day exams,” Howard said, in response to a question about the stand down period rule change. “If there is a systemic level of corticosteroids or NSAIDs or any of these kinds of drugs, it doesn't matter how it gets in. Anything that can cause a systemic level in a horse concerns us.”

Rounding out the day's session, Brewster questioned Howard on the absence of betamethasone from the list of medications with detection thresholds, also citing a lack of matrix.

“If the medication is not listed with a threshold, it is a limit of detection drug,” replied Howard.

Brewster also brought up whether trainers were properly notified that there was a rule change, which established a zero tolerance of betamethasone, arguing they were not. Howard referenced the guidance from national and international bodies that study medication in racing, also pointing out that he offered his contact information for anyone who had questions concerning the new rule.

Howard ended his time on the stand, and the day's session, answering a few final questions presented by Morgan.

When asked if the route of administration of a drug mattered in terms of a positive finding of a banned substance on race day, Howard firmly replied, “No.”

The hearing in Frankfort, Ky., continues for a third full day beginning at 9 a.m. Wednesday and will move along with morning and afternoon sessions Thursday. If the hearing is not done by Thursday afternoon, it will resume next Monday.

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Medina Spirit’s Derby Drug Positive Hearing Reportedly Postponed

A long-awaited Feb. 7 Kentucky Horse Racing Commission (KHRC) stewards' hearing regarding Medina Spirit's positive test result for betamethasone in the 2021 GI Kentucky Derby reportedly got postponed from Monday to the following week.

After a wait of 283 days since the alleged infraction, Monday's hearing involving trainer Bob Baffert apparently has been rescheduled for Feb. 14.

WLKY-TV in Kentucky first broke the news of the non-hearing and its new date.

TDN attempted to confirm the report by sending emails to KHRC chief state steward Barbara Borden, KHRC executive director Marc Guilfoil, and Baffert's attorney, W. Craig Robertson III, asking each to explain the reason for the postponement.

None of those queries yielded replies prior to deadline for this story. The email to Borden was forwarded to a spokesperson for Kentucky's Public Protection Cabinet, who replied with the same boilerplate response that the KHRC has been issuing to the media for over a week now on this subject: “The KHRC is bound by regulation from providing information about the stewards' hearing prior to the issuance of a stewards' ruling.”

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