Into Mischief’s Laurel River Impresses in Pat O’Brien

The GII Pat O'Brien S. was billed as a softer spot for GISW Speaker's Corner (Street Sense) to land after facing leading older horses Flightline (Tapit) and Life Is Good (Into Mischief) in his last two starts, but apparently the lightly raced Laurel River (Into Mischief–Calm Water, by Empire Maker) didn't get the memo as he stormed home to take the seven-furlong Del Mar sprint, a “Win and You're In” race for the GI Big Ass Fans Breeders' Cup Dirt Mile.

Laurel River broke smoothly and immediately attended the pace before relinquishing his spot to track in a close fourth through a quarter in :22.41 and a half in :44.74. With American Theorem (American Pharoah)–winner of the GI Bing Crosby S. over this surface July 30–very wide and threatening with a big move on the outside, Laurel River found on dream seam on the turn, set sail for home and left them all behind, leaving no doubt as to the best horse on the day. American Theorem chased him home, 3 3/4 lengths in arrears, while Speaker's Corner reported home in fourth behind the hard-trying Senor Buscador (Mineshaft). C Z Rocket (City Zip), who won this race in 2020 and was second in the event last year, was eighth. The Pat O'Brien is named for one of Del Mar's founders.

“That feels great, really good, when you ask a horse to run like that,” said winning rider Juan Hernandez. “I asked him and he responded really well. He went between the horses and he showed he's a good horse. Bob [Baffert] told me to ride this horse to win, so that's what I did.”

A 4-year-old homebred for Juddmonte, Laurel River was winning his first black-type race in the O'Brien. He had one outing as a 2-year-old, finishing off the board at Santa Anita. Six months later, at three, he reappeared to break his maiden and finished 2021 with just three more starts, which included a second in the GIII Lazaro Barrera S. and an optional allowance win. Back to the sidelines for the next 10 1/2 months, he made his first start of 2022 July 31 over a mile on this track after two bullet breezes, taking another optional allowance by daylight and getting a 97 Beyer Speed Figure in the process.

Pedigree Notes:

The 114th black-type winner and 52nd graded winner bred in the Northern Hemisphere for Spendthrift's super sire Into Mischief, Laurel River is out of a full-sister to Juddmonte's four-time GISW Emollient (Empire Maker). Like so many of the mares in the Juddmonte broodmare band, Calm Water has a powerhouse family behind her. Her third dam is French champion Coup de Genie (Mr. Prospector), a full-sister to French champion and stellar sire Machiavellian. The family is positively littered with accomplishment, none more important than Coup de Genie's third dam, Natalma (Native Dancer), who produced the great Northern Dancer.

Calm Water is by another Juddmonte homebred in Empire Maker, the late stallion who spent part of his sire career in Japan. Laurel River is the 72nd black-type winner out of one of his daughters. Five of those are by Into Mischief, including MGISW Mandaloun, GSW Center Aisle, and Laurel River. Calm Water has an unraced 2-year-old full-brother to Laurel River named Castlewarden and produced fillies the last two years by Constitution. She was also bred back to Constitution for 2023.

Saturday, Del Mar
PAT O'BRIEN S.-GII, $252,500, Del Mar, 8-27, 3yo/up, 7f, 1:21.37, ft.
1–LAUREL RIVER, 121, c, 4, by Into Mischief
               1st Dam: Calm Water, by Empire Maker
               2nd Dam: Soothing Touch, by Touch Gold
               3rd Dam: Glia, by A.P. Indy
1ST BLACK TYPE WIN, 1ST GRADED STAKES WIN.
O-Juddmonte; B-Juddmonte Farms Inc (KY); T-Bob Baffert;
J-Juan J. Hernandez. $150,000. Lifetime Record: 7-4-1-0,
$314,620. Werk Nick Rating: A++. Click for the eNicks
report & 5-cross pedigree or the free Equineline.com
catalogue-style pedigree.
2–American Theorem, 125, r, 5, American Pharoah–Mighty
Renee, by Maria's Mon. ($190,000 RNA Ylg '18 KEESEP).
O-Kretz Racing LLC; B-Sierra Farm (KY); T-George
Papaprodromou. $50,000.
3–Senor Buscador, 121, c, 4, Mineshaft–Rose's Desert, by
Desert God. 1ST GRADED BLACK TYPE. O-Joe R. Peacock, Jr.;
B-Joe R Peacock Sr. & Joe R Peacock Jr. (KY); T-Todd W.
Fincher. $30,000.
Margins: 3 3/4, 3/4, 1 1/4. Odds: 6.90, 5.10, 21.00.
Also Ran: Speaker's Corner, The Chosen Vron, Defunded, Get Her Number, C Z Rocket, Principe Carlo, Restrainedvengence.
Click for the Equibase.com chart or the TJCIS.com PPs. VIDEO, sponsored by TVG.

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Flightline Puts in Final Work Ahead of Pac Classic

Unbeaten sensation Flightline (Tapit) set fractions of :12.80, :24.60, :36.40, and stopped the clock at :59.60 for the five furlongs in his final work at Del Mar Saturday ahead of next week's GI TVG Pacific Classic.

“Last work today, it was very nice,” trainer John Sadler said afterward. “The idea today was not go very hard a week out. So what we try to do is just maintain his rhythm, keep him in the same place he's been in. We were thrilled. He did a minute effortlessly and he's essentially ready.”

He continued, “That's what's so exciting. You look at the works and think  Oh, he's working fast,' but in reality he's well within himself.”

Country Grammar (Tonalist), who is being pointed to the TVG Pacific Classic, also put in his final work Saturday morning, going five furlongs in 1:00.

“I like the way he went,” trainer Bob Baffert said. “He went nice for him. He's not going to really light it up in the morning but he runs in the afternoon.”

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Baffert/KHRC Appeal Day 4: Ointment or Injection?

The debate over whether or not Medina Spirit's 2021 GI Kentucky Derby disqualification for betamethasone was the result of an injection or the application of an ointment was a focal point in the fourth day of testimony at Bob Baffert's appeal before a Kentucky Horse Racing Commission (KHRC) hearing officer in Frankfort, Kentucky, on Thursday.

That argument has percolated for the better part of 16 months in various hearing and courtroom settings. It is now being brought up again in front of the KHRC hearing officer to adjudicate the Hall-of-Fame trainer's attempt to expunge from his record a 90-day suspension (that Baffert has already served) for the infraction. The appeal also seeks to reverse the KHRC's disqualification of Medina Spirit from the Derby.

Back in December, Baffert's legal team stated that third-party testing on the colt's urine “definitively confirmed” and had “scientifically proven” that the type of betamethasone that showed up in Medina Spirit's post-race positive test is the type that comes from a topical ointment and not via an intra-articular injection.

The distinction is important because Baffert believes the proper resolution of the betamethasone overage hinges on how it was administered to Medina Spirit. He has claimed Kentucky's medication rules only apply to the injectable form of that drug.

But the KHRC has maintained that a positive finding is a positive finding, and that it doesn't matter how the Class C medication entered Medina Spirit's system.

Baffert has claimed that Medina Spirit was treated with the betamethasone-containing ointment Otomax as late as Apr. 30 (the day before his Derby win) to help deal with a skin lesion, and he has denied that the colt's joints were ever treated with the injectable form of that drug.

Ron Flatter of Horse Racing Nation (HRN) provided key points of Thursday's proceedings. His reporting is summarized below by TDN.

Flatter wrote that Jennifer Wolsing, the KHRC's general counsel, said she had two depositions to back up her contention that Medina Spirit could have been injected with betamethasone.

Dr. Scott Stanley, the director of the equine testing laboratory at the University of Kentucky, testified as a witness for the KHRC.

According to HRN, Stanley was questioned about the third-party testing by Dr. George Maylin, director of the New York State Equine Drug Testing lab. Last summer, Baffert's attorneys got a court order to allow outside testing on the Medina Spirit samples.

Flatter wrote that “Maylin concluded last fall that the medication 'resulted from the topical administration of Otomax and not an injection of betamethasone.'”

Testifying eight months later on Aug. 25, Stanley criticized the process by which Maylin tested the Medina Spirit urine sample and offered technical reasons why it was flawed, HRN reported.

“I don't agree with…Dr. Maylin's conclusion that says the data definitively shows the topical administration of betamethasone…. I don't believe that the data definitely concludes that,” HRN quoted Stanley as testifying.

Yet under cross-examination by the Baffert side, Stanley also said, “I do not have any evidence that Medina Spirit was injected with any product,” HRN reported.

Dr. Mary Scollay, the current executive director of the Racing Medication and Testing Consortium (and previously the KHRC's equine medical director), testified at the request of the KHRC.

HRN reported that Scollay said there was no record of a diagnosis when Baffert's veterinarian, Dr. Vince Baker, recommended that Otomax to be applied to Medina Spirit in April 2021. Nor was there any record provided on dosage and frequency.

“Otomax is FDA-approved for use in dogs,” Scollay said, according to HRN. “I would hesitate to describe Medina Spirit as a dog. That would be most unfair.”

Flatter wrote that, “Under cross-examination, Brewster attacked Scollay's credentials for lacking backside experience, saying that Baker has had a great deal of experience in stable work. And he recounted when, in a deposition, Scollay said anyone wanting more expertise on Otomax should ask a veterinarian who works on the backside.”

After a scheduled weekday off on Friday, the hearing resumes on Monday, with Tuesday the agreed-upon date both parties are targeting for finishing the proceedings. (See coverage of previous days here, here, and here.)

Hearing officers hired by racing commissions typically take months to issue a written report and recommended findings.

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Getting Down to the Science of It All In Medina Spirit DQ Appeal

FRANKFORT, KY – After a brief private meeting between attorneys and the hearing officer to discuss “confidentiality” matters, the Kentucky Horse Racing Commission's hearing addressing trainer Bob Baffert's appeal continued, slowly but surely, on Wednesday in Frankfort, KY.

While Tuesday's session focused on the KHRC's medication rules, along with those established by the industry's Racing Medication and Testing Consortium (RMTC) and the model rules of the Association of Racing Commissioners International (ARCI), the center of interest Wednesday was the corticosteroid betamethasone itself.

The day started off with Dr. Heather Knych, a professor of clinical veterinary pharmacology and head of the pharmacology section at the K.L. Maddy Equine Analytical Pharmacology Laboratory at the School of Veterinary Medicine at the University California, Davis. She provided her testimony via Zoom (from California) as an expert witness.

Called to the stand (virtually) by KHRC general counsel Jennifer Wolsing, Knych spoke to her area of specialty in equine pharmacology, with special interests specifically in studying drug metabolism, anti-inflammatory drugs, pain management and emerging threats. Knych explained that she has studied the effects of drugs on performance horses for nearly 15 years and has had several studies focused on corticosteroids published.

Wolsing asked Knych to explain what betamethasone is, what the effects of it are, and made note of the longevity of its effects in a genomic sense. Along that line of questioning, the KHRC's Medication Classification Schedule was pulled up as an exhibit, as Knych was asked if she agreed with betamethasone being listed as a Class C medication.

“I agree with its classification as a Class C medication. Based on the description, it's an FDA approved drug, it's a therapeutic agent and it has moderate potential to affect performance. [It] could potentially mask a lameness or injury and fits nicely with the other medications in this category,” said Knych, who also serves on the RMTC's Scientific Advisory Committee.

When asked if the administration of the drug matters in terms of measuring its impact, she replied, “I don't think it matters. The drug is the drug. Once it gets in the system, that's what we're looking at, [what it does] once it gets in the body and its effect.”

Diving deeper into the specifics of betamethasone and corticosteroids in general, Knych discussed the effects of various cortisol levels, how that is measured, and the overall picture when it comes to how the concentration of a drug in the horse's system correlates directly with the effects of the drug. Wolsing presented various published studies on the topics at hand during this time, including some that Knych was involved with herself. Some of the studies focused on betamethasone, while others centered around the effects of dexamethasone, a comparable drug that is also listed as a Class C medication.

When asked if the health and safety of the horse is part of the focus in equine pharmacology work, Knych said, “The primary reason corticosteroids are so tightly regulated is to eliminate the potential to affect performance, the potential to mask [things such as] lameness.”

Knych also acknowledged that there is potential of masking underlying health issues when using higher amounts of betamethasone.

However, when it came to the findings from the studies presented, Knych did say, “We don't know the end pharmacological effect of betamethasone in the horse.” She also said there have been no studies done specifically on the effects of betamethasone in horses when administered as a topical ointment.

During this time, Wolsing cited the KHRC's case with trainer Graham Motion in 2015, involving a stewards' ruling after a horse he trained that raced was found with too much methocarbamol in its system, to show that the commission has a right to regulate in situations where there is gray scientific area with regard to medication. Craig Robertson, an attorney for Baffert, argued against its relevance when discussing the systemic effects of corticosteroids.

Motion claimed he followed the RMTC guidelines for withdrawal but was still flagged, which is a similar claim from Baffert in terms of what happened with Medina Spirit's post-race result that revealed a betamethasone overage, which ultimately resulted in the colt's disqualification from his victory in the 2021 GI Kentucky Derby.

Robertson, who was part of the KHRC case involving Motion in 2015, believed the case was being mischaracterized and stated, “The case says that you have to have a rational scientific basis for what you do.”

Wolsing also asked Knych if the route of administration of the drug has any bearing on the effect of the drug once it is in the horse's system. She replied, “No. It depends on what the concentration of the drug is regardless. I'm talking about the concentrations at the end, when we still see suppression of cortisol.”

In one of her final inquiries, Wolsing stated, “Medina Spirit was administered approximately 45 milligrams of Otomax from a bottle over a period of about Apr. 9 and going through Apr. 30, the day before the [2021] Derby.” She followed up asking Knych what the impact of that would be on the horse.

“I don't think we can say one way or another. We don't have the science to say one way or another,” she replied.

Her response was met with audible satisfaction from Baffert's legal team, who took over from there, as they continued to argue that the KHRC's medication rules lack detail and scientific backing, specifically when it comes to administering betamethasone in the form of a topical ointment.

The cross-examination of Knych, conducted by Baffert's attorney Joe DeAngelis, delved into the inexactness of the science in the studies of and testing for betamethasone, along with how long it takes for betamethasone to leave a horse's system–intended to enforce that the 14-day withdrawal period established by the KHRC was unreliable.

The RMTC's Controlled Therapeutic Substances Monograph Series was also brought up, as DeAngelis asked if Knych recalled discussing or hearing any discussion about the ethics and safety of topical use of betamethasone. She said she hadn't. When asked if there had been any recommendation from the RMTC specifically on a stand-down period for topical use of corticosteroids, Knych replied, “No.”

DeAngelis also referenced RMTC's Position Statement on Corticosteroids, a study published in 2013, which showed that the use of topical corticosteroids was known to RMTC at the time the findings were published.

When asked if she approved of the 14-day stand-down period, Knych replied, “Yes,” and admitted she did not recall any discussion of recommending it to be longer.

Knych's time as a witness, which lasted nearly 3 1/2 hours, ended with some final questions from Wolsing and a few remaining questions for the sake of clarification from DeAngelis.

Wolsing asked, “Could a much higher concentration affect a horse's health and safety?”

“Potentially yes, but what those levels are, I don't think we necessarily know that yet,” said Knych.

After a 45-minute lunch break, members of the media were asked to leave the conference room as lawyers met behind closed doors to discuss what hearing officer Clay Patrick, a Frankfort attorney, called “proprietary information.”

The hearing addressing Baffert's appeal to get his already served 90-day suspension and a $7,500 fine removed from his record, along with reinstating Medina Spirit's victory in last year's Kentucky Derby, continues Thursday at 9 a.m. and is expected to roll over into next week, starting Monday, Aug. 29.

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