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Maryland Commission Tosses Out Year-Old Bute Overages Due To Laboratory’s Loss Of Accreditation

On Feb. 1, nearly a year after the races were run, the Maryland Racing Commission ruled that John Salzman trainees Big Hambone (second at Laurel on Feb. 12, 2021) and Sick Pack Sara (winner at Laurel on March 13, 2021) would be allowed to retain their original placings despite testing positive for phenylbutazone, reports The Racing Biz.

The commission's reasoning? At the time each of the horses' samples were tested by Truesdail Laboratory, the lab had lost its accredited testing lab status for horse racing. The commission has since switched its testing to Industrial Laboratories.

“Through the testimony, it is determined that Truesdail Laboratory, at the time of this testing, was not appropriately or properly accredited,” Commission chairman Michael Algeo said. “Given that, it is the unanimous decision of this Commission that we cannot rely upon the test results that were provided by the Truesdail Laboratory since they were, in fact, not accredited.”

In Maryland, the non-steroidal anti-inflammatory commonly known as “bute” is permitted on race day at “not more than 0.3 micrograms per milliliter of the blood plasma.” Big Hambone's test showed a level of .399, while Sick Pack Sara's was .513 mcg per milliliter. Salzman contended that the two horses had been treated by his veterinarian between 48 and 55 hours prior to the race, which was his standard practice that had not previously yielded positive tests.

According to thoroughbredrulings.com, Salzman's record includes previous positive tests for clenbuterol (Maryland, 3/20/2010), dexamethasone (West Virginia, 10/7/2017; Maryland, 2/22/2019; Maryland, 6/23/2019; and Maryland, 6/5/2021), and phenylbutazone (Maryland, 7/31/2020).

CHRB Investigative Reports Add Details to NYRA’s Amended Charges Against Baffert

In a press release Monday, the New York Racing Association (NYRA) announced that it had amended its ongoing Statement of Charges issued against trainer Bob Baffert to include a pair of positive tests for phenylbutazone (bute) in 2019 in California and a subsequent inspection of the trainer's barn which allegedly uncovered an unlocked medication cabinet, improperly labeled medications and the presence of unsecured phenylbutazone paste.

NYRA has charged Baffert with engaging in conduct detrimental to the best interests of racing and has sought to temporarily ban the trainer from its tracks. A hearing on the matter is scheduled to begin Jan. 24.

Dr. Rick Arthur, who was the California Horse Racing Board (CHRB) equine medical director at the time of the 2019 violations, told TDN Monday that barn inspections are “routine” after a post-race medication positive, and that there is no regulatory requirement for drug cabinets to be locked, even though the board strongly encourages medications to be securely stored.

Arthur also explained that the proper labeling of medications is primarily the veterinarian's responsibility, and that a crucial question is: What were the mislabeled drugs?

“If it's Gastrogard tubes out of the box,” said Arthur Monday, pointing to a commonly used ulcer medication, “it's a technical violation, and not a serious one at all. If it was serious, an official warning or complaint would have been filed against either the trainer or the dispensing veterinarian.”

The investigation reports for the barn inspections–obtained through a California Public Records Act (CPRA) request–shed some light on the nature of NYRA's amended complaint but fail to answer the issue of what the mislabeled drugs actually were.

No subsequent warnings or complaints were filed against either Baffert or the attending veterinarian, Dr. Vince Baker, however.

The Del Mar barn inspection identified by the NYRA press release pertains to the one conducted Aug. 16, after the Baffert-trained Eclair (Bernardini) tested positive for bute after finishing 4th at Del Mar Aug. 3. Baffert was fined $1,500. Eclair tested positive with 2.88 micrograms per milliliter (ug/mL) of bute in her system.

According to the report, the investigator found “25 different kinds of medications that are not properly labeled and expired. There is no lock on the medication cabinet however the tack room door has lock capabilities. Dr. Vince Baker advised he would be taking care of the situation.”

According to the report, Baker told the investigator he did not know how Eclair tested positive for bute. “Baffert stated he thinks someone is intentionally giving bute to his horses and mentioned that he would be offering a reward to help solve the case,” the report added.

According to the report, Baker told the investigator he had treated Eclair no later than 10:30 am two days before the race.

Baker also told the investigator that he treated other Baffert runners with bute the following day, but that he “does not believe he inadvertently treated 'Eclair' by mistake,” according to the report.

The CHRB conducted a separate inspection of Baffert's Del Mar barn Aug. 10, after Cruel Intention (Smiling Tiger) tested positive for bute after finishing 3rd at Del Mar July 27 in the Real Good Deal S.

Baffert was fined $500. Cruel Intention tested positive with 0.51 ug/mL of bute in his system.

In light of the Santa Anita welfare crisis the spring of 2019, the CHRB reduced just months earlier the permissible level of race-day bute from 2 ug/mL to a level of non-detect.

Six days prior to the second barn inspection, the CHRB investigator found “expired medications and those that were up to date were properly labeled. There is no lock on the medication cabinet however the door has lock capabilities,” according to the inspection report.

According to the report, Baker told the investigator he treated three of Baffert's horses at the same time with bute, “and does not know why only one horse [Cruel Intention] tested positive for it.”

The two inspection reports can be read here and here.

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NYRA Adds To Baffert Files: Trainer Said ‘Someone’ Gave Bute To His Horses, Would Offer Reward To Solve Case

The New York Racing Association, which will present its case to exclude trainer Bob Baffert at a Jan. 24 disciplinary hearing, added to its “statement of charges” against the Hall of Fame horseman, referencing two additional medication violations in California in 2019, along with an investigator's report citing “25 different kinds of medications not properly labeled and expired” found in an unlocked medicine cabinet during an August 2019 search of Baffert's barn at Del Mar by the California Horse Racing Board.

NYRA, quoting from a CHRB Report of Investigation, said Baffert reacted to the two 2019 violations – both for overages of the non-steroidal anti-inflammatory phenylbutazone – by saying “he thinks someone is intentionally giving Bute to his horses and mentioned that he would be offering a reward to help solve the case.”

It isn't known if anyone ever received a reward.

The two overages for Bute in California in 2019 are in addition to five medication violations for Baffert runners in three states between May 2, 2020, and May 1, 2021. Those violations included lidocaine positives for Charlatan and Gamine at Oaklawn in Arkansas on May 2, 2020, Charlatan in the G1 Arkansas Derby and Gamine in an allowance race. Both horses were disqualified, according to a stewards rulings, but the Arkansas Racing Commission reinstated their victories and merely fined Baffert. On July 25, 2021, Merneith tested positive at Del Mar for dextrorphan, and Baffert was fined $2,500. Gamine tested positive for a second time in 2020, this time for the corticosteroid betamethasone, after finishing third in the G1 Kentucky Oaks on Sept. 4. She was disqualified and Baffert fined $1,500.

The fifth failed drug test came on May 1, 2021, when Medina Spirit tested positive for betamethasone after finishing first in the G1 Kentucky Derby. The case has yet to be heard by Kentucky stewards, though Baffert's attorneys have said the positive test resulted from an ointment used to treat a skin rash and not from an injection of the drug.

The two Bute overages in 2019 were found days apart at Del Mar in Cruel Intention, who finished third on July 27, and Eclair, who finished fourth on Aug. 3.

A statement from NYRA said: “NYRA has amended its Statement of Charges issued against Bob Baffert to reflect additional facts, conclusions and details based on NYRA's ongoing investigation of Mr. Baffert's conduct. The NYRA Hearing Rules and Procedures provide a formalized mechanism for a respondent to reply to charges and to participate in a hearing in accordance with due process rights. The hearing for Mr. Baffert is scheduled to begin on January 24, 2022.

“A designated hearing officer will ensure the proceedings are fairly and impartially conducted in accordance with NYRA's Hearing Rules and Procedures. Following the proceeding, the hearing officer will issue a report containing findings of fact, conclusions of law, and a recommended disposition.”

The amended Statement of Charges also cites “public statements made by Mr. Baffert and others regarding Mr. Baffert's claimed retention of a veterinarian (which did not occur) to ensure against future violations, and the implementation of rule changes by Churchill Downs with respect to the qualifying point structure for the Kentucky Oaks and Kentucky Derby.”

Churchill Downs Inc. has excluded Baffert from stabling or racing at any of its facilities, including Churchill Downs in Louisville, Ky. The exclusion runs through the end of the 2023 spring meet at Churchill Downs. In addition, Baffert-trained horses are not eligible to win qualifying points in designated Road to the Kentucky Derby prep races.

NYRA attempted to ban Baffert shortly after he was excluded by Churchill Downs, but Baffert sued in federal court, saying he was denied due process. A judge ruled in his favor and NYRA established rules for the subsequent disciplinary hearing.

O. Peter Sherwood, a retired New York State Supreme Court justice, will serve as hearing officer in the Baffert matter.

The post NYRA Adds To Baffert Files: Trainer Said ‘Someone’ Gave Bute To His Horses, Would Offer Reward To Solve Case appeared first on Horse Racing News | Paulick Report.

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$5K Multiple Medication Fine For Miller

Trainer Peter Miller has been fined $5,000 and assessed one half (1/2) point in accordance with the California Horse Racing Board (CHRB) multiple medication violations rule as a result of Mr. Dougie Fresh (Ghostzapper) testing positive for phenylbutazone after working at San Luis Rey Downs on Sept. 13, according to a Los Alamitos board of stewards ruling Sunday.

Phenylbutazone–more commonly referred to as just “bute”–is a class 4, category C drug. This constituted Miller's third class 4 medication violation in California in 365 days.

On Sept. 2, Miller was fined $1,500 and assessed one half point in accordance with the CHRB's multiple medication violations rule as a consequence of Mo Forza (Uncle Mo) testing positive for phenylbutazone after working at San Luis Rey Downs June 19, 2021.

Mo Forza subsequently won a brace of GII races at Del Mar and Santa Anita–the Del Mar Mile S. and the City of Hope Mile S.

On April 10, Miller was fined $500 after Hembree (Proud Citizen) tested positive for Isoflupredone, a 4C penalty regulated drug, after winning the seventh race at Santa Anita Park Jan. 1.

When asked about the three class 4 medication violations this year, Miller pointed to California's relatively recently instituted out of competition medication regulations.

“Two of the violations were in morning workouts, that wouldn't have been violations in any other state in the country,” he wrote.

Last month, Miller announced that he was taking a hiatus from training, in order to spend “more time with his family, focus on overall health and wellness, and pursue other interests.”

The hiatus, which according to a press release started Nov. 29, is expected to leave the everyday running of the barn in the hands of his assistant, Ruben Alvarado. Miller, however, will still maintain an advisory position along with his role as an owner, the release stated.

According to Equibase, Miller has no horses entered under his name. He did, however, claim Manhattan Up (Into Mischief) out of the Robertino Diodoro barn for $50,000 at Oaklawn Park on Sunday. Miller is listed as the new trainer.

For the past three years–and in light of the 2019 Santa Anita welfare crisis–the state's regulatory agency has markedly tightened the rules surrounding equine safety, placing an emphasis on the role of trainer responsibility.

As such, speculation had been mounting for some time that Miller has been the target of increased regulatory scrutiny due to five horses in his care suffering catastrophic injuries during 2021–the highest number of any single trainer in California this year.

Miller addressed those rumors in the press release, stating that his decision had not been triggered by any outside regulatory pressure.

As per the Oaklawn claim, Miller wrote in his text, “We are sending a string to Arkansas but will run under an assistant.”

Miller also addressed via text the equine fatalities he has incurred during a 12-month period. He wrote that the fatalities were “100% unavoidable,” which included three horses that incurred catastrophic shoulder injuries after layoffs. These specific injuries are often difficult to diagnose.

“Perfectly sound horses and my first and only heart attack in 35 years training,” he wrote, pointing also to Rustic Canyon (Unusual Heat), a 6-year-old gelding who suffered a sudden cardiac death during training at San Luis Rey on Feb. 26.

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