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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Baffert Takes Stand in Day One of ’21 Derby DQ Appeal

Trainer Bob Baffert spent 2 1/2 hours on the witness stand testifying at a Kentucky Horse Racing Commission (KHRC) appeal hearing Monday.

Baffert's intent by filing the appeal is to clear from his record a 90-day suspension he has already served while also reversing the KHRC's disqualification of Medina Spirit from the 2021 GI Kentucky Derby.

Those penalties were the result of the Baffert-trained colt returning a positive for betamethasone after crossing the finish wire first in America's most historic and important horse race.

Beyond the already-served suspension (which ran from early April through early July) and a pending KHRC fine for $7,500 (that is also being appealed), Medina's Spirit's betamethasone overage also triggered separate banishments and sanctions from racing at the Churchill Downs, Inc. (CDI) portfolio of racetracks, plus at the New York Racing Association tracks.

Baffert has either fought or is in the process of fighting both of those sanctions in court, but right now he is precluded from having a trainee in the 2023 Derby because of CDI's actions against him (as part of a two-year ban, CDI had also denied Derby participation to the Hall-of-Fame trainer in 2022).

Monday's hearing rekindled many of the same pro-and-con arguments that have been repeatedly articulated by both sides over the past 16 months in various courtroom and hearing settings.

This latest KHRC hearing process could last the entire week.

Horse Racing Nation (HRN) published live updates of the Aug. 22 proceedings in Frankfort, Kentucky.

HRN reported that Jennifer Wolsing, general counsel for the KHRC, framed the case in straightforward terms during her opening statement.

“This is a very simple case,” she stated. “Betamethasone is a class C medication which has been prohibited in Kentucky.”

Clark Brewster, who represents Baffert, countered with his own opening statement that focused on disputing the KHRC's claim that there was an applicable “limit of detection” rule while also disputing the KHRC's assertions that Baffert had a pattern of medication rulings against him.

HRN also reported that, “Brewster also sought to discredit Industrial Labs, which returned the positive test on Medina Spirit, suggesting that the company needed to come back with positive tests to stay in business.”

Brewster also claimed there was a difference between injecting betamethasone (which Baffert has denied) and using it topically as an ointment like Otomax (which is Baffert's explanation of how the drug got into Medina Spirit), according to HRN.

“I won't say it was a mistake [to give Medina Spirit an ointment the day before the Derby],” Baffert was quoted as saying in HRN. “If you use an ointment to humanely heal a rash, it's not a mistake.”

At one point during testimony, Wolsing questioned Baffert's knowledge about medication rules in Kentucky, and asked Baffert to read aloud the ingredient list for Otomax, which includes betamethasone valerate.

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Artorius Has Arrogate-Sized Shadow to Outrun in Travers

SARATOGA SPRINGS, NY–During a pre-season interview in early July, trainer Chad Brown offered another colt–at that point, with a low profile–to a discussion of his deep bench of GI Travers prospects: Zandon (Upstart), Early Voting (Gun Runner) and Jack Christopher (Munnings).

“I have a late -bloomer, a horse named Artorius (Arrogate), that I really like,” Brown said.  “He's going to run in the Curlin Stakes. Much like the dad, he's late bloomer. I'm not saying he's a threat to win the Travers, but I'm going to tell you: he's lightly raced and he's very good. And his mother was very good, Paulassilverlining (Ghostzapper), who won two Grade Is for us. Obviously, Arrogate was a great race horse, that I didn't train. He's very well bred. He's a horse we've always liked all winter. He just got started a little late.”

Seven weeks to the day later, Artorius, will be entered Tuesday with Zandon and Early Voting in the Travers, which will be run for the 153rd time on Saturday. Following a third as the favorite in the GI Haskell S. July 23, Jack Christopher returns to sprint distances in the seven-furlong GI H. Allen Jerkens on the Travers program.

Artorius thoroughly confirmed Brown's assessment that he was of Travers quality with a 4 3/4-lengths score in the 1 1/8 miles ungraded Curlin July 29. He has continued to train well, most recently a :47.00 half-mile on Saturday, and just like his famous father did in 2016, will make his graded stakes debut in the Travers.

In what was his fifth career start, Arrogate (Unbridled's Song) cruised into Saratoga history for trainer Bob Baffert in 2016 with a stakes and course record of 1:59.36 for the 1 1/4-miles Travers. He broke the record of 2:00 set in 1979 by General Assembly over a very wet track. The Travers was the launching pad for Arrogate, who died in 2020 during his third season at stud. He followed that 13 1/2-length Travers score with wins in the GI Breeders' Cup Classic, the GI Pegasus World Cup and the GI Dubai World Cup. The week of his victory in the Pegasus in an anticipated showdown with California Chrome (Lucky Pulpit) that never materialized, he won the Eclipse Award as 3-year-old male champion.

Brown said that Artorius had typical 2-year-old shin issues in 2021 and had another problem that delayed his arrival to the races. He broke slowly in his first start on Apr. 16 in a six-furlong race at Keeneland and finished second. The maiden-breaker came at a mile at Belmont Park June 10 and he followed that up with what turned out to be an easy victory at nine furlongs in the Curlin.

“He's doing great,” Brown said. “His last race was terrific, first race around two turns. I was very pleased with it. ”

Brown acknowledged that it is a big ask to send Artorius into the Travers against an accomplished field whose headliner is GI Kentucky Derby winner Rich Strike. His stablemates Early Voting, victor of the GI Preakness S., Zandon, third in the Derby after a win in the GI Blue Grass S. will be in the gate, along with Epicenter (Not This Time), second in the Derby and Preakness and the winner of the GII Jim Dandy, and GI Arkansas Derby and GI Haskell winner Cyberknife (Gun Runner).

“I'm having to step him up. He seems like he's willing to do it,” Brown said. “I don't feel like I'm doing anything to compromise his development by doing it. Yes, it's a really tough race, but he's got a nice race over this track, albeit against lesser horses than he's going to meet in the Travers. He did it the right way and came out of it the right way. The Travers is a once-in-a-lifetime for a horse to try. You only get one shot to run in it when you're three. So, if they're sound and doing well, and their numbers look like they're heading the right way, have a race over the track, which is in this particular case is possibly beneficial, and a leading jockey riding the horse, you've got to take a shot.”

Juddmonte purchased Paulassilverling from breeder-owner Vincent Scuderi prior to her 5-year-old season in 2017 and turned her over to Brown. She promptly won the GI Madison and the GI Humana Distaff. Artorius is her first foal.

“He's not real big now,” Brown said. “He'd be more of his mom's size than his father's size, but he's good combination between the two. He's got the stamina and the movement of his father, who moved like a cat. His mother was a smaller filly, not the best mover, but had a lot of heart. When you're breeding the best of the best, you hope for the best. This horse got a good blend of both, which is what you really hope for in a lot of cases when you breed Grade I horses to Grade I horses.”

An hour or so after Artorius worked alongside multiple GI winner Search Results (Flatter) Saturday, Brown said he was certain that the colt had the physical tools for the Travers and it just was a matter of timing whether he would make it to Saratoga's signature race.

“It's not a surprise at all. We always thought that he's talented enough,” Brown said. “I'd use the word “relieved” that he was able to do it. There was a small percentage chance that he'd be able to advance this quick. We knew he had the ability, but things happen. Horses have setbacks, right? Horses don't always run the way you think they're going to run. For him to actually hit all the marks and really get there, the only way was if everything sort of went right. Everything went right along the way with his works and spacing and weather, health of the horse. Everything has for this horse. I've been relieved. We gave it a shot to put him on a path to get here and he hit it.”

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Honor Code’s Home Cooking Sizzles in Del Mar Rising Star Romp

Mike Pegram, Karl Watson and Paul Weitman's Home Cooking (Honor Code), beaten at 1-2 debuting three weeks earlier at Del Mar, proved that money right and then some with a dominant off-the-pace romp to earn 'TDN Rising Star' honors Sunday at the seaside oval.

Coming into her debut off a best-of-124 half-mile move in :46 flat July 24, the $11,000 Fasig-Tipton October buy turned $260,000 OBS March purchase (:9 4/5 breeze) was pressed through a swift :21.44 quarter and won the battle, but lost the war, fading late to finish third. Once again punched down to 1-2 while removing blinkers here, the bay was outsprinted early and settled comfortably in fifth as stablemate and $1-million OBSMAR buy Muteki (American Pharoah) led narrowly through a quarter in :21.63. Longshot firster She's Inthearmynow (Army Mule) was the first to push her chips in and overtook the pacesetter on the latter half of the bend, but Home Cooking was just getting going and blew past the new leader at the top of the lane. Under mild encouragement from Mike Smith, the favorite quickly closed the proceedings and strutted her stuff all alone through the final furlong, hitting the wire a powerful 9 1/4-length victress. Monique (Union Rags) completed the exacta.

The second 'Rising Star' for Lane's End's champion Honor Code, Home Cooking is the second foal to race out of her dam, following Gold for Kitten (Kitten's Joy), third in a pair of stakes as a 3-year-old in 2021. Her second dam produced four-time turf sprint stake winner Successful Native (Successful Appeal) and is a half to MGSW Valid Expectations (Valid Appeal), GSW Little Sister (Valid Appeal) and two other stakes victors. Bought by DARRS for $28,000 last year at Keeneland November, Olympic Avenue has a yearling Take Charge Indy filly named Liar for Hire.

7th-Del Mar, $82,500, Msw, 8-21, 2yo, f, 5 1/2f, 1:03.94, ft,
9 1/4 lengths.
HOME COOKING, f, 2, Honor Code
1st Dam: Olympic Avenue, by Hard Spun
2nd Dam: Picketline, by Street Cry (Ire)
3rd Dam: Mepache, by Iron Constitution
Sales History: $34,000 RNA Ylg '21 FTKJUL; $11,000 Ylg '21 FTKOCT; $260,000 2yo '22 OBSMAR. Lifetime Record: 2-1-0-1, $57,600. O-Michael E. Pegram, Karl Watson & Paul Weitman; B-Kenneth L. & Sarah K. Ramsey (KY); T-Bob Baffert.
Click for the Equibase.com chart, free Equineline.com catalogue-style pedigree or VIDEO, sponsored by TVG.

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