Uncle Mo Colt Summons $2.3M at OBS

A colt by Coolmore super sire Uncle Mo (Hip 206) inspired a furious round of bidding during the opening session of the OBS Spring Sale Tuesday, hammering for $2.3 million to bloodstock agent Gary Young, who was acting on behalf of Amr Zedan. Young did his bidding alongside Hall of Famer Bob Baffert, who will train the colt at the conclusion of his suspension. Coolmore was the underbidder on the bay colt. Consigned by Jimbo & Torie Gladwell's Top Line Sales, the :9 4/5 breezer, who is out of Borealis Night (Astrology), was purchased by Scott & Evan Dilworth for $250,000 at Keeneland September.

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Baffert, Zedan Again Denied Relief in KY Court of Appeals

Two weeks after a Kentucky Court of Appeals judge denied trainer Bob Baffert and owner Amr Zedan an “emergency” stay in their fight against the penalties levied against them by the Kentucky Horse Racing Commission (KHRC) over Medina Spirit (Protonico)'s betamethasone positive in the 2021 GI Kentucky Derby, a separate three-judge panel denied a motion for interlocutory relief that will keep the case from proceeding any deeper in that same court.

The Apr. 15 ruling did, however, note that the judges' order was not a ruling on the merits of the arguments related to Baffert's 90-day suspension and $7,500 fine or Zedan's being stripped of both his Derby-winning status and Medina Spirit's share of the purse.

On Mar. 21, a Franklin Circuit Court judge initially denied the trainer and owner's request to force the KHRC to impose any sort of stay on those sanctions. Baffert and Zedan then decided to kick the Franklin court's denial up to the higher Court of Appeals on Mar. 24. When the appeals court judge ruled against the “emergency” request Apr. 1, Baffert and Zedan asked for further court intervention via requests for interlocutory relief and a chance to make oral arguments on their own behalf.

Separately, the KHRC had also filed to dismiss the entire proceeding, but that motion was also denied within the same three-judge ruling (which effectively stopped the case from going forward anyway with the denial of Baffert and Zedan's request for interlocutory relief).

“[T]he circuit court did not err in determining that the equities of the situation mitigate against injunctive relief,” the three-

judge order stated. “We echo the circuit court's assessment that 'it is imperative to ensure public confidence in the Commonwealth's signature industry'…

“[T]he penalties the Stewards assessed upon Baffert may ultimately be reversed [but] Baffert's interest in staying enforcement of the Stewards' Ruling does not necessarily trump the public interest in the integrity of Thoroughbred horse racing and the safety of the horses,” the Apr. 15 order continued.

Baffert is now two weeks into his 90-day suspension, which is being appealed at the KHRC level. Depending on timing, the suspension could very well run its course before that administrative process gets underway or even results in a decision.

The Hall-of-Fame trainer's legal team had previously argued in court filings that “Baffert's income from racing is almost entirely linked to a horse's performance in a given race. There is simply no way to conclusively determine how his horses would have performed in the races taking place during his suspension. Missing out on the prestigious Triple Crown races (and many others) in 2022 is irreparable harm to a trainer like Baffert as the opportunity to compete in them can never be regained and the lost opportunity is not subject to remuneration.”

The three-judge Apr. 15 ruling dissected Baffert and Zedan's motions as follows:

“Neither Movants' motion for emergency relief, disposed of by this Court's April 1, 2022, Order, nor their motion for interlocutory relief, advances any specific argument as to 1) how or why Movant Zedan Racing Stables, Inc., will suffer irreparable harm from the circuit court's denial of a temporary injunction; or 2) what particular interim relief Zedan Racing Stables, Inc., seeks from this Court…

“In the April 1, 2022 Order, the Court pointed out that the motions, as they pertain to Zedan Racing Stables, Inc., are lacking in these respects…. Despite the Court's drawing attention to these omissions, Zedan Racing Stables, Inc., has not filed a motion for leave to supplement the motion for interlocutory relief, nor has Amr F. Zedan moved to intervene herein. In light of this failure to act, the Court denies the motion for…relief as it pertains to Zedan Racing Stables, Inc., and will consider the motion with respect to Baffert only.”

The order continued: “The circuit court's March 21, 2022, order addressed two separate claims made by Baffert [but] the statutory procedure under [Kentucky state law] is a complete and adequate remedy in itself, thus undermining any claim that Baffert could have properly sought a temporary injunction in the circuit court…

“This Court lacks a sufficiently developed record to assess Baffert's contentions of error,” the Apr. 15 order summed up. “Furthermore, because we have concluded the circuit court did not abuse its discretion in finding that Baffert failed to show he would suffer irreparable injury in the absence of injunctive relief, resolving the question whether Baffert has shown a substantial question on the merits is not necessary to our decision today.”

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Letter to the Editor: Jenine Sahadi

Since the FBI announced in 2020 that their years-long federal investigation into cheating allegations in horse racing had caught admitted “doper” Jorge Navarro, suspected “doper” Jason Servis and a host of other co-conspirators, the lines separating these criminals and most of the rest of the industry's participants with largely minor legal drug positives have been significantly blurred.

Fast forward to the 2021 Kentucky Derby, a full 14 months after Navarro and Servis were arrested and charged with federal conspiracy charges related to drugging of their horses, social media erupted with rumors that Medina Spirit had tested positive for a “banned substance.” The information leaked just days after his victory and seemingly before the colt's trainer, Bob Baffert, had been notified there was a post-race positive.

From that time until now, much of the information that has trickled out has come mostly from speculation or been based on half truths and information twisted to suit a negative agenda. Rarely have details involving Medina Spirit been based on fact. Factor in the press tour Bob Baffert went on defending himself and his position that nothing nefarious was in play–for better or worse–and the perfect storm had developed.

Baffert's record as a trainer–which by industry standards has been cleaner, safer and better than most–was attacked, twisted and manipulated. His personal life–especially his wife and children–came under an all-out assault and was subject to a sea of the most horrific hate imaginable. None of which had anything to do with a post-race positive of a legal therapeutic medication in the Kentucky Derby.

My history with Bob Baffert is well-documented and I haven't always been his biggest fan. However, I knew, in all likelihood, the people saying those things had never met the man. Strangers unconcerned by what it actually means to be a “doper” or “cheater” hurled those epithets as if they actually knew him not only as a person, but also as a trainer.

That said, my disdain for the behavior of his harshest critics is clear and I continue to have the same questions. What is the definition of a cheater? What does it mean?

In what has been one of the most bizarre scenes I've ever witnessed, racing media, political actors, paid social media trolls, disgruntled bettors, along with powerful horsemen's groups and others have perpetuated or fostered a false “Lance Armstrong” narrative about Baffert. They compare Medina Spirit's overage of a legal therapeutic medication to actual blood doping and cheating. I don't really understand why, though I have my suspicions, and for the life of me I cannot fathom how he became the worst thing about horse racing.

Perhaps if we define what a “cheater” or “doper” is, reckless and uninformed attacks on trainers would stop. Educating the media and public on what constitutes cheating versus what is an unintentional overage of a therapeutic medication might actually be a positive development for horse racing. Instead, the industry sits idly by as shows like Saturday Night Live call betamethasone, a medication the industry allows and regulates, to be portrayed as a performance enhancing anabolic steroid. There is never any industry pushback on false narratives.

We have heard from racing's leadership organizations and also from the federal government that untestable drugs may be in use daily. This may be true, although we have yet to see any proof of it up to this point. In the meantime, we have allowed anti-horse racing activists and those who want to end horse racing altogether to spew damaging lies and perpetuate false narratives. These extremists don't hold everyone to the same standards. In fact, some trainers with multiple significant violations seem to get a pass, while others are vilified.

What do I mean by not holding everyone to the same standards? For example, are multiple class 4C positives (e.g. betamethasone) as harmful as one Class 2 (e.g. metformin) positive? Is it a recency equation? If so, are multiple class 4C positives more harmful to both the horse and the image of racing in the public eye than one Class 2 positive? Are we certain that class 4C positives are

“masking” more powerful drugs like EPO, as some allege, and if that's the case, where is the science to support that? Where did this narrative originate? Even more confusing to me is why we even have classifications if we are going to lump all positives into the “doping” narrative? What purpose do the classifications serve, if not to protect the horse and integrity of the game in general?

For years, many of the industry's participants, including myself, have been begging the decision makers for uniform rules and penalties in all racing jurisdictions. This would certainly solve the double-standard issue. It is a daunting task for sure, but certainly one worth the effort from industry leaders–those actually in a position to be heard and effect change in the best interests of the industry. So why hasn't it happened? We have literally had decades to get our ducks in a row and those with the most strength, power, and influence have continued to bury their heads in the sand, or alternatively, added fuel to the fire that is swiftly burning down our industry.

That's not to say all leaders have ignored the issues.

In California, for example, horses are now routinely subject to the most exhaustive pre-race medication and soundness exams in the country. Out-of-competition and thorough testing has become standard and, in rare cases, trainers are being cited for drug overages in workout tests. Is there any other jurisdiction in the country that demands the same strict level of oversight and protocols that California does? If there is, I certainly don't know about it.

California doesn't get sufficient credit from the industry in this area. Critics appearing more concerned with field size than the safety of horses bang the loudest drum to drown out the state's accomplishments. We know equine safety can only help to grow field sizes, as well as, positive public perception. Again, racing industry leadership–or a lack thereof–has played a major role in getting us to this point.

Social media, mainstream and horse racing media, and “experts”, who harbor their own animosity for individuals and the industry, have taken us to a very dark place. Anonymous accounts on social media aim to destroy who and what they don't like. Anyone who presents a rational argument supported with facts is labeled an apologist or far worse. I personally know people who have received death threats. Others have been told they've had background checks run on them. Many have had profane slurs hurled at them. Some of these folks shouting the same vitriol every day are provided cover and support by leadership groups and members of the media who claim to be impartial and to want what's best for the industry. Attacks on owners, who have for decades lost their money with a smile on their face, have ramped up, as well. I will never be convinced this is a good strategy in the short or long run, yet here we are, with many passionate and well intentioned owners accused of being complicit criminals.  Interesting to note that the attackers usually have their own set of immoral behaviors that fly under the radar, but hypocrisy is in full view in 2022.

I don't know where this all ends, but I believe if we can't answer the simplest of questions, like what defines a cheater, or work to achieve uniform rules and regulations throughout the industry, then we are doomed. Change is needed, but we can't allow uninformed critics and activists, who would love nothing more than the collapse of racing to win.

The same standards need to be applied equally for all, in every jurisdiction, from coast to coast. In California, the lessons learned over the past few years have been plentiful. To the racing associations' credit they actually did something–many things–to help the horses and the industry as a whole. Meanwhile, virtually every other jurisdiction continues the status quo while hoping that the frenzy surrounding Bob Baffert will distract from their own breakdown rates and medication violations. Oddly enough, some states have almost no medication violations. Other states should learn from California's mistakes and implement the changes they made to move the industry in a positive direction for a change.

Bob Baffert isn't horse racing's problem, no matter how many times anonymous trolls armed with hatred and half-truths say so on Twitter. Cue the mob.

Sincerely,

Jenine Sahadi

Retired Trainer

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THA Chairman Alan Foreman Joins Writers’ Room

Alan Foreman, the chairman and CEO of the Thoroughbred Horsemen's Association, joined the TDN Writers' Room presented by Keeneland Tuesday afternoon as the Green Group Guest of the Week. Discussing the upcoming 2022 MATCH series for mid-Atlantic horses, a program he spearheaded, and providing updates on the scheduled renovation projects at Pimlico and Laurel, Foreman also called upon his legal expertise to weigh in on Bob Baffert's appeal of the GI Kentucky Derby disqualification and why the THA supports the Horseracing Integrity and Safety Act.

While many in the racing industry lamented the breakdown in negotiations between the U.S. Anti-Doping Agency and the Horseracing Integrity and Safety Authority to implement a drug enforcement program, Foreman said he was bullish on HISA's separate safety program, set to take effect July 1.

“The HISA Anti-Doping and Medication Control Program relates to medication, while the Safety Program relates to every other aspect of the health, safety and welfare of the horse and rider,” he explained. “I think that's the most important part of the HISA program, because horses breaking down on the track is our worst nightmare, and horses aren't dying because of medication. When horses break down, it's multi-factorial. For example, we just did our review of the breakdowns in the mid-Atlantic region for the past year. Maryland was having its lowest incidence of breakdown in its history until the track went bad and failed at Laurel in October, and we had a cluster of eight breakdowns in a span of three weeks. We got right on it, but it blew the numbers. So there was a racetrack surface issue. Not a medication issue, not a training issue. The value of the HISA safety program is to work with everyone on racing surfaces and identifying horses at risk so they don't get on the track when they shouldn't be. That program and the uniformity that HISA is going to bring is why it got our support.”

The conversation later turned to the legal back-and-forth involving Baffert over the past year, with Foreman saying, “When we talk about HISA and the manner in which our rules are adjudicated, it isn't so much that our underlying rules are problematic, it's the enforcement process and the way justice is meted out and people can game the system. At the end of the day, I think it all went downhill after Bob's press conference. The rumor was that there had been a positive test at the Derby, and there was no confidentiality so he actually got out in front of the story. But when he came out and said he had no idea how it could have happened, and within five days, the story came out as to how it happened, he was boxed into a corner and he wasn't prepared to accept responsibility and take the punishment. So this has played out in a sense where there's no exit strategy, from either side, frankly. Churchill, by taking the action it did and making very clear that it wasn't backing down, started to press the Kentucky Horse Racing Commission to move more expeditiously. And here we are now, but it just took way too long, and that's not acceptable to anybody.”

Elsewhere on the show, which is also sponsored by Coolmore, Lane's End, the Kentucky Thoroughbred Owners and Breeders, XBTV, West Point Thoroughbreds and Legacy Bloodstock, the writers raved about a tremendous weekend of racing and gave their early impressions on the prospective GI Kentucky Derby and GI Longines Kentucky Oaks fields after the final round of prep races. Click here to watch the show; click here for the audio-only version or find it on Apple Podcasts or Spotify.

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