The Brion-trained Chasing After You (Speightstown) tested positive for cocaine after winning a $25,000 claimer at Presque Isle Downs Sept. 19. The former Jonathan Sheppard assistant was provisionally suspended by HIWU Oct. 14, but the suspension was postponed since the conditioner had yet to request a split sample or to inform HIWU that she was waiving her right to a split sample.

“For those of you who know me know that this is not an accurate depiction of my operation,” Brion wrote on X. “I have retained a lawyer & we will fight to the end to clear my name. She came back w/a lvl under 200 PICOgrams–clear contamination. I'm hopeful facts/common sense will prevail.”

On Oct. 19, the provisional suspensions against Brion and four others, including Hendriks, were dropped pursuant to a rule that gives HIWU the right to lift the provisional suspension based on the specific facts of the case.

In withdrawing their cases against Brion and Hendriks Friday, HIWU wrote:

“In accordance with the Horseracing Integrity & Welfare Unit's (HIWU) commitment to fairly and effectively implementing the Horseracing Integrity and Safety Authority's Anti-Doping and Medication Control (ADMC) Program, HIWU is in continuous communication with its contracted laboratories to promote harmonized and consistent testing. Historically, the presence of cocaine, a Banned Substance under the ADMC Program, has been regulated in blood and urine through its metabolite, benzoylecgonine (BZE). This is because cocaine quickly metabolizes in the body, making it difficult to detect through testing. The control of BZE in urine has been harmonized across testing laboratories for years.

Recently, Covered Horses trained by Keri Brion and R. McLane Hendriks tested positive for BZE in blood. While controls in urine for BZE have long been established, no corresponding testing specifications existed for blood. These circumstances prompted HIWU to lift each trainer's Provisional Suspension and review scientific literature to determine appropriate testing specifications for blood such that it would correspond to existing controls in urine. The goal of this investigation was to ensure that cocaine is regulated consistently regardless of the testing matrix.

Examination of the existing scientific literature failed to identify a testing specification for BZE in blood. However, in consultation with multiple scientific advisors, including laboratory directors, HIWU reviewed laboratory testing data in which BZE was detected in blood and urine samples collected in the same session and was able to determine a testing specification for blood based on this previously unavailable information.

As a result of this investigation, HIWU concluded that the levels of BZE detected in the blood samples for Hendriks' and Brion's horses will not be pursued as Adverse Analytical Findings, for they did not exceed this new blood testing specification.

In the interest of fairness to horsemen and program consistency, HIWU has elected to withdraw Brion's and Hendriks' cases.”

Brion's attorney Drew Mollica told TDN: “Miss Brion is grateful that her good name and reputation have been restored. However, even though HIWU continues to work towards fairness, the concept of `gotcha testing' needs to be further examined. Regrettably, cocaine exists in the environment, and to suggest that miniscule levels of it, whether in blood or urine should, at almost any barely detectable level, lead to a sanction needs to be looked at because this kind of testing does not prevent doping. It ruins careers.”

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