Testing On Medina Spirit’s Urine Sample Ready To Proceed In New York

Extra testing on Medina Spirit's post-Kentucky Derby urine sample will begin next week, according to bloodhorse.com. Dr. George Maylin, director of the New York Equine Drug Testing and Research Laboratory, has now received the relevant drug metabolite reference standards from Frontier BioPharm. Testing of the sample is expected to take approximately two weeks.

The Protonico colt's Derby win is in jeopardy due to a positive post-race test result for betamethasone, a therapeutic medication that is not allowed on race day. Trainer Bob Baffert and his attorney have claimed the positive is a result of a topical cream (Otomax) used to treat a case of dermatitis on the colt's hindquarters. Though the Kentucky Horse Racing Commission has not yet held a hearing, required to disqualify Medina Spirit.

Counsel for Medina Spirit's trainer Bob Baffert and owner Zedan Stables, Craig Robertson, filed a civil suit against the Kentucky Horse Racing Commission on June 7 demanding their right to test the split urine sample, which sat undisturbed in the commission's freezer. Remnants of the original biologic samples were initially sent to be tested for those ingredients, but they were reportedly damaged before arrival at the plaintiffs' choice of labs, the New York Equine Drug Testing and Research Laboratory.

Franklin County Circuit Court Judge Thomas Wingate ordered June 16 that the remaining urine sample be flown to the New York lab, that two KHRC representatives travel with the sample, and that plaintiffs fund the flight. Upon arrival, the KHRC was to retain 5 milliliters of the sample, while the remainder was to be tested for clotrimazole, gentamicin, and betamethasone valerate, active ingredients in the topical cream Otomax.

On July 14, the sample was flown to New York accompanied by Dr. Clara Fenger and Tom Huckeby, representing Baffert and Medina Spirit's owner, Amr Zedan, as well as by KHRC executive director Marc Guilfoil and equine medical director Dr. Bruce Howard.

On Aug. 9 in Judge Wingate's courtroom, the Kentucky Horse Racing Commission's general counsel Jennifer Wolsing explained: “My understanding is that an affirmative defense is being mounted by the plaintiffs, to the extent that there may be some evidence as to how this substance (betamethasone) was introduced to the horse.

“We can't have a stewards hearing until those testing results have come back, because that appears to form the basis of the defense the plaintiffs want to mount. We would really like those results so that we can press forward with a stewards hearing and find out more about this case.”

When that hearing occurs, Medina Spirit could be disqualified and Baffert could be fined and/or suspended by the KHRC. A suspension would be reciprocated across other racing jurisdictions.

Since his run in the Kentucky Derby, Medina Spirit has run four times. He finished third in the Preakness, then won the Shared Belief Stakes and G1 Awesome Again, and finished second in the G1 Breeders' Cup Classic.

Read more at bloodhorse.com.

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With Conditions, Baffert Cleared To Participate in 2021 Breeders’ Cup

Bob Baffert, the all-time leading Breeders' Cup trainer by money won, will be allowed to participate at this year's world championships on Nov. 5-6 at the Del Mar Thoroughbred Club in Del Mar, Calif., Breeders' Cup said in a statement on Sunday. Baffert's participation will be contingent on certain conditions being met, including enhanced out-of-competition testing of his horses and enhanced security at his barn.

On Sept. 18, the Breeders' Cup said it would be conducting a review process to determine Baffert's status in the wake of a failed drug test by Medina Spirit after the Protonico colt finished first in the Grade 1 Kentucky Derby on May 1.

The Medina Spirit positive test for the corticosteroid betamethasone was the fifth failed drug test by a Baffert runner – and third in a Grade 1 race – over a one-year period dating back to May 2, 2020.

Stewards have yet to conduct a hearing on the Medina Spirit positive while attorneys for Baffert and the Kentucky Horse Racing Commission have battled in court over testing of the split sample. Baffert is also engaged in a legal fight with the New York Racing Association, which attempted to ban the trainer from participating at its tracks.

Churchill Downs Inc. said it would not permit Baffert to stable or race at its facilities, including the flagship track in Louisville, Ky., where the Kentucky Derby is run. The Churchill Downs ban extends until the end of the 2023 spring meeting, effectively banning Baffert from the next two Kentucky Derbies.

Horses under Baffert's care will also not be awarded qualifying points for the Kentucky Derby, Churchill Downs officials have said. Among the official Derby qualifying points races is the G1 Breeders' Cup Juvenile Nov. 5, where Baffert has two leading contenders, G1 American Pharoah Stakes winner Corniche and G1 Del Mar Futurity winner Pinehurst. The latter was co-bred by former Breeders' Cup chairman Fred W. Hertrich III and co-owned by current chair Barbara Banke of Stonestreet Stables. Baffert has several other contenders in Breeders' Cup races, including Medina Spirit, who is pointing to the G1 Classic; Gamine, who is aiming to defend her title in the G1 Filly & Mare Sprint; and Private Mission, who is pointing for the G1 Distaff.

Following is the statement issued on Sunday by Breeders' Cup:

“Breeders' Cup conducts thoroughbred racing at the highest levels of safety and integrity for the benefit of our horses, riders, participants, fans, and bettors. To this end, the Breeders' Cup Board of Directors convened a special review under legal counsel to evaluate the recent conduct of Mr. Bob Baffert in order to determine whether he should be permitted to participate in the 2021 World Championships. In the interest of fairness, Mr. Baffert was provided with advanced notice and an opportunity to take part in the process, and the Board appreciated his participation and cooperation in connection with its inquiries.

“Based on the totality of the circumstances, Breeders' Cup has decided to require all horses trained by Mr. Baffert to undergo enhanced out-of-competition, pre- and post-race testing and other security protocols, at his own expense, in order to participate in the 2021 Breeders' Cup World Championships at Del Mar.

“In addition to operating under the rules and regulations of both the California Horse Racing Board and Del Mar for the 2021 World Championships, those competing in any Breeders' Cup race are subject to another set of rules specific to the Breeders' Cup, which include the Breeders' Cup Condition of Entry, the Prohibited Substance Rule and the Convicted Trainer Rule. On top of our industry-leading protocols and standards, additional testing and security requirements for any horse under Mr. Baffert's care will be administered at his expense under a signed agreement to provide a more targeted layer of accountability. These additional measures include increased randomized out-of-competition testing for all prohibited and restricted substances, additional tests administered the week of the World Championships, increased veterinarian and security checks, and in-person 24-hour security surveillance ahead of the horse or horses' respective events. Mr. Baffert has agreed to abide by each of these additional measures.

“Working with horses and competing in the World Championships is a privilege, and medication restrictions and testing protocols are in place for a reason. The Breeders' Cup expects Mr. Baffert's complete cooperation in ensuring that every horse under his care is in full compliance with all medication restrictions and safety standards.

“Breeders' Cup looks forward to the uniform rules and enforcement mechanisms that the Horseracing Integrity and Safety Authority's antidoping and medication control program will bring to our sport.”

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‘I’ve Learned Who My Friends Are’: Baffert Opens Up For The First Time Since May

Hall of Fame trainer Bob Baffert spoke to the Los Angeles Times this week regarding Medina Spirit's post-Kentucky Derby positive for betamethasone, the first time he's addressed the therapeutic medication overage publicly since May.

“I've learned who my friends are,” Baffert said of the last five months. “It's truly painful when you know what the truth is. There have been so many false narratives that have come up and the hearing process isn't even done yet. The consolation is knowing the truth will come out as the process plays out.”

On June 2, Baffert was banned from participation at tracks owned by Churchill Downs for two years after Zedan Racing Stables Inc.'s Medina Spirit failed a drug test following his first-place finish in this year's Grade 1 Kentucky Derby at Churchill Downs in Louisville, Ky.

The positive test for the corticosteroid betamethasone on May 1 was Baffert's fifth failed drug test in 365 days, beginning with two lidocaine positives for Charlatan and Gamine at Oaklawn Park on May 2, 2020 – Charlatan's bad test coming in the G1 Arkansas Derby and eventual filly and mare sprint champion Gamine testing positive after an allowance win. Both Charlatan and Gamine were disqualified from their victories by Oaklawn stewards, but the Arkansas Racing Commission reinstated the wins, overturned a 15-day suspension of the trainer and fined him $10,000.

Baffert was fined $2,500 by California Horse Racing Board stewards after Merneith tested positive for dextromethorphan at Del Mar in July 2020 and then Gamine tested positive for a second time – this time for betamethasone – after a third-place finish in the G1 Kentucky Oaks on Sept. 4, 2020. She was disqualified and Baffert was fined $1,500.

Additional stories about Baffert's Kentucky Derby positive and ensuing legal battles can be found here.

Read more at the Los Angeles Times.

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MRC To Remove Testing Thresholds for Corticosteroids

Edited Press Release

The Maryland Racing Commission, upon the recommendation of its Equine Safety, Health and Welfare Advisory Committee, has approved a motion to modify a regulation on five corticosteroids to eliminate testing threshold levels and employ level of detection for the substances.

The MRC took the action at its Sept. 23 meeting at Laurel Park. The change will be filed with emergency status and there will be public comment period. Given the regulatory process involved in rule-making, it is anticipated the update regulation will be implemented Nov. 1.

The five corticosteroids are dexamethasone, prednisolone, betamethasone, isoflupredone and triamcinolone. The current 14-day stand-down period for intra-articular injections will remain in place under 2019 model rules approved by the Association of Racing Commissioners International and Racing Medication and Testing Consortium.

The Equine Health, Safety and Welfare Advisory Committee discussed the proposal at a Sept. 8 meeting as a result of several dexamethasone positives and reports the corticosteroid was being regularly administered by some veterinarians at 48 hours before a race at a lower dose rather than the RMTC-

recommended 72-hour withdrawal time at the regular dose.

The committee also recommended that Maryland regulators, in an effort to educate vets and trainers, provide information on how long corticosteroids can linger in a horse's system; advise against deviation from recommended administration times; and to point out potential risks to the racehorse.

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