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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Messier Has It Easy In Bob Hope At Del Mar

After a last-out victory in a maiden special weight race at Santa Anita Park, Messier made a successful move up to stakes company in the Grade 3 Bob Hope at Del Mar Thoroughbred Club, biding his time early and drawing away late to win by three lengths.

In a short field of four, Bob Baffert had a strong hand with Messier, Kamui, and Winning Map, who went to the lead out of the gate, trading the frontrunner status with Richard Mandella's Forbidden Kingdom down the backstretch. Messier hung back in last, relaxed behind a fast pace, the first quarter in :21.40 and the half-mile in :43.23.

Around the far turn, Messier went to the outside of the two front runners, pulling even with them as they entered the stretch. Down the Del Mar stretch, those early quick fractions took their toll on Forbidden Kingdom and Winning Map who tired as Messier quickened his pace and passed them to win easily. Forbidden Kingdom was second, Winning Map third, and Kamui was fourth.

The final time for the seven-furlong Bob Hope was 1:22.74. Find this race's chart here.

Messier paid $4.40 and $2.60. Forbidden Kingdom paid $4.00. With only four starters, this race did not have any show betting.

Bred in Ontario by Sam-Son Farm, Messier is a 2-year-old colt by Empire Maker out of the Smart Strike mare Checkered Past, a listed stakes winner at Woodbine. He is owned by Golconda Stable, Madaket Stables LLC, SF Racing LLC, Siena Farm LLC, Starlight Racing, Waves Edge Capital LLC, Catherine Donovan, Robert E. Masterson, and Jay A. Schoenfarber. Messier was consigned by Sam-Son Farm and sold to SF/Starlight/Madaket for $470,000 at the 2020 Fasig-Tipton Selected Yearling Showcase. With his win in the G3 Bob Hope, the 2-year-old has two wins in three starts for career earnings of $105,600.

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Empire Maker ‘Rising Star’ Rallies Into Fast Pace to Take Bob Hope

Heavily-favored Messier sat off of a supersonic pace in Sunday's GIII Bob Hope S. at Del Mar and rallied to score going away in the end, giving Bob Baffert–who had three of the four starters–his 11th victory in the seven-furlong test for 2-year-old males.

Hammered down to 1-2 favoritism on debut June 27 at Los Alamitos, the $470,000 Fasig-Tipton Selected Yearling buy cruised to an easy 6 1/2-length graduation off a brief layoff Oct. 22 at Santa Anita to earn 'TDN Rising Star' honors. Taking the bulk of the play here while removing blinkers, the bay broke smoothly but was out-footed by his three rivals early and sat at the back of the pack under Flavien Prat as the lone non-Baffert entry, Forbidden Kingdom showed the way through a scorching :21.40 half. Poking his head into third as the half went up in a blistering :43.23, he spun into the clear approaching the lane as the field started to condense. Forbidden Kingdom fought valiantly until around the eighth pole, but the early fractions took their toll and Messier took charge before kicking clear for a comfortable victory in the end.

“We were in a good spot,” said Prat. “There was plenty of pace in the race and that was to our advantage. When I asked, he was there. And I think this horse will be fine with running on.”

“Messier shipped down this morning. He didn't train here during the summer and had never been here,” added Baffert. “First time on a trailer, first time he'd seen Del Mar and he walked into the paddock like he owned it. The track is pretty glib so the fractions were fast. In the summer, 21 and [two] wouldn't hold up, but this time speed carries and they were rolling.”

Pedigree Notes:
With the win, Messier becomes the 67th stakes winner and 37th graded stakes winner for the late Empire Maker. He's the lone foal to race thus far out of his dam, who took back-to-back renewals of Woodbine's Trillium S. in 2014 and 2015. His third dam is Canadian champion Catch the Ring (Seeking the Gold), who in turn produced a Canadian champion in Catch the Thrill (A.P. Indy). Sold to Silesia Farm for $290,000 as part of the Sam-Son Farm dispersal at Keeneland January this year, Checkered Past foaled a Candy Ride (Arg) filly Feb. 7 before being bred to Authentic.

Sunday, Del Mar
BOB HOPE S.-GIII, $98,000, Del Mar, 11-14, 2yo, 7f, 1:22.74, ft.
1–MESSIER, 120, c, 2, by Empire Maker
1st Dam: Checkered Past (MSW, $334,284), by Smart Strike
2nd Dam: Catch the Flag, by A.P. Indy
3rd Dam: Catch the Ring, by Seeking the Gold
'TDN Rising Star' 1ST BLACK-TYPE WIN, 1ST GRADED STAKES
WIN. ($470,000 Ylg '20 FTKSEL). O-Golconda Stable, Madaket
Stables LLC, SF Racing LLC, Siena Farm LLC, Starlight Racing,
Waves Edge Capital LLC, Catherine Donovan, Robert E.
Masterson & Jay A. Schoenfarber; B-Sam-Son Farm (ON);
T-Bob Baffert; J-Flavien Prat. $60,000. Lifetime Record:
3-2-1-0, $105,600. Werk Nick Rating: A.
Click for the eNicks report & 5-cross pedigree.
2–Forbidden Kingdom, 120, c, 2, American Pharoah–Just
Louise, by Five Star Day. 1ST GRADED BLACK TYPE. ($300,000
Ylg '20 FTKSEL). O-MyRacehorse & Spendthrift Farm LLC;
B-Springhouse Farm (KY); T-Richard E. Mandella. $20,000.
3–Winning Map, 120, c, 2, Liam's Map–Starlet O'Hara, by
Discreetly Mine. 1ST BLACK TYPE, 1ST GRADED BLACK TYPE.
($55,000 Ylg '20 KEESEP; $525,000 2yo '21 OBSMAR). O-HRH
Prince Sultan Bin Mishal Al Saud; B-H & E Ranch (KY); T-Bob
Baffert. $12,000.
Margins: 3HF, 1 3/4, 4HF. Odds: 1.20, 5.00, 1.60.
Also Ran: Kamui. Scratched: Rock N Rye. Click for the Equibase.com chart, the TJCIS.com PPs or the free Equineline.com catalogue-style pedigree. VIDEO, sponsored by TVG.

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The Week in Review: Tygart, USADA Out to Clean Up the Game

We heard from the United States Anti-Doping Agency (USADA), its CEO Travis Tygart and the Director of Equine Science Dr. Tessa Muir last week when USADA released its anti-doping guidelines, rules and protocols. Once again, we saw that these are no-nonsense, dedicated people with a track record of cleaning up other sports. The release of the guidelines was an important step toward what will be a welcome change for racing–competent, dedicated policing from an outside entity replacing the current system, which just doesn't work.

(Quotes from this story were taken from Tygart and Muir's appearance on the TDN Writers' Room podcast and from Dan Ross's coverage in the TDN and his Q&A with Tygart and Muir.)

With Thursday's release of the details, there was a lot to digest. Here's what resonated with me:

(*) USADA is not going to rely solely on drug testing, which has been proven to be a woefully inadequate way of catching cheaters. There are always a number of potent drugs out there that can't be detected by standard drug tests. USADA may not have all the tools, including wiretaps, that the FBI had when it took down Jason Servis, Jorge Navarro and others, but Tygart made it clear that there are more ways to catch cheaters than just through drug tests.

“Can you bring a case if you don't have a positive test?” Tygart said. “In some states today, I don't think that's even possible under the rules. But if you look at Article Two of the rules, it identifies about 12 different types of violations. Only one or two of those includes a positive test. So possession, trafficking, complicity, attempted administration, retaliation against a whistleblower, those are things that can be anti-doping rule violations.”

He said that scientific evidence will be combined with “buckets of evidence”, much like what you see each week on shows like Law and Order and NCIS.

Tygart said they will also rely on a tip line that is already receiving calls. All of which is a step in the right direction. Neither Navarro nor Servis had any serious violations on their records that were the result of testing, which just goes to show that a lot more beyond testing needs to be done.

(*) USADA appears to understand the importance of going after more than just the trainers. It stands to reason that in most cases where performance-enhancing drugs are used, a veterinarian is involved. And what about the owners? It's hard to imagine they don't know what's going on when their trainer is wining at 30% and 50% off the claim. They should have to pay the price when their trainer is caught.

“When the horse is in training, the owner, the veterinarian, anyone else involved with the horse, they can be held accountable if they're complicit and part of a doping or a medication issue,” Tygart said. “The strict liability of the positive test doesn't apply to them. So there will be a slightly different way that this is prosecuted, but they absolutely can be held accountable under these rules.”

He added: “It's not just the trainer training the horse that has responsibility for this culture of a clean sport. Everybody within the sport should have a responsibility to ensure that it's being done the right way.”

(*) One thing that was not addressed last week was the obvious problem of having a trainer turn the stable over to an assistant once they are suspended. Life goes on largely uninterrupted for that stable with the head trainer getting what amounts to a vacation. There's not nearly enough of a deterrent here. At least with the more serious violations, the stable should be penalized along with a guilty trainer.

(*) USADA is going to rely heavily on out-of-competition testing and trainers must let USADA know at all times where a horse is located. He also said that out-of-competition tests won't be done on a random basis. For obvious reasons, the focus will be on trainers whose results suggest they might be using something to get an edge.

“It's what we call intelligent testing,” Tygart said. “It's not random. Some call it smart testing. Some call it target testing. We will use data.”

(*) You might want to call this one the “Baffert Rule.” While USADA will distinguish between violations that involve performance-enhancing drugs and overages of therapeutic medications, Tygart believes that there is a point where enough is enough when it comes to overages. Four minor infractions or therapeutic overages within five years could result in a sanction of up to two years.

(*) Just because a horse passes post-race urine and blood tests doesn't mean that they can't be caught later on. If someone uses something illegal and a new test for that substance comes around after the fact, they could get nailed. This is another welcome development.

“We will have the ability to do what is called retrospective testing,” Tygart said. “Samples will be put into storage. And then when you develop new tests in the future, we're going to be able to bring those samples out of storage and actually then analyze them with the new methodology for those prohibited old-time substances. That's also a great deterrent to people using things where they say you can't detect it. But in the future, when those technologies and the capabilities are enhanced and changed, then we can go back and you will still be subject to sanction (for a positive test).”

(*) More than six months after the race, the Kentucky Horse Racing Commission has still not acted when it comes to this year's GI Kentucky Derby and the reported betamethasone positive on winner Medina Spirit (Protonico). That, Tygart said, will not happen after USADA takes over.

“I was pretty stunned to hear that (Medina Spirit's) Kentucky Derby case hasn't been resolved yet,” Tygart said. “That's not going to happen on our watch. I mean, it's crazy that it's taken that long to get to a final resolution, particularly when someone is competing the entire time.”

Lawsuits have been filed by horsemen's groups and six states to shoot down the Horseracing Safety and Integrity Act (HISA), which is what created the need for a new method of policing the sport, and USADA has yet to sign a contract with the Horseracing Integrity and Safety Authority. Both factors could mean that the projected start date for HISA, July 1, 2022 will not be met.

But if and when HISA goes into effect, USADA will be ready. Tygart called the new rules a “gold standard program for the industry.” He's got that right. It's time for a new era.

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