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The Week in Review: Takeaways from Justify-Scopolamine Verdict, and Other Thoughts

The long-running battle to decide whether or not Justify (Scat Daddy) should have been disqualified from his win in the 2018 GI Santa Anita Derby seems to have come to a conclusion last week when the team representing Mick Ruis, the owner and trainer of runner-up Bolt d'Oro (Medaglia d'Oro), obtained an order from Los Angeles County Superior Court Judge Mitchell L. Beckloff, directing the California Horse Racing Board Stewards to set aside their Dec. 9, 2020 decision and issue a new ruling disqualifying Justify from the 2018 Santa Anita Derby. With the ruling, Bolt d'Oro has been declared the winner.

At issue was a report in the New York Times that revealed that Justify had tested positive for the substance scopolamine in the Santa Anita Derby. At the time, scopolamine was on a list of substances that, when found in a horses's system, required that the horse be disqualified. According to reports and Ruis's lawyer, the CHRB acted on recommendations from then-executive director Rick Baedeker and equine medical director Dr. Rick Arthur. It was their call that Justify should not be disqualified because the positive test was the result of contamination linked to jimson weed.

Had the New York Times not broken the story some 17 months after the Santa Anita Derby, probably, no one would have ever known that the horse had tested positive. Once the story was brought to light, Ruis went to work and hired attorney Darrell Vienna. Ruis stood to make $400,000, the difference between first and second-place money in the $1-million Santa Anita Derby.

There are, however, a few remaining questions:

1) Is this the final word or may there be still more appeals and fights in the courts?

“There is the potential for appeal,” Vienna said. “My understanding of the judge's order is that the stewards must now issue an order to disqualify Justify. There's the potential that the stewards' ruling can't be appealed. That's kind of confusing because they're under the order of the court. Now, is there going to be an appeal to the judgment of the Superior Court judge. They could appeal to the stewards, the court, one or the other or both. Hopefully, there will be no more appeals and we can just move on.”

2) All of the qualifying points for the Kentucky Derby that Justify picked up came from the Santa Anita Derby. Had the California stewards disqualified him from that race and did so in a timely manner, he would not have been eligible to run in the Kentucky Derby and obviously wouldn't have won the Triple Crown. Do the owners of the horses who finished behind Justify in the Triple Crown races have a case and could, say, Good Magic (Curlin) eventually be declared the winner of the 2018 Derby?

“I don't think so,” Vienna said. “I am aware of a case in California in which there was the appeal of a winner of a race who had subsequently been disqualified from a qualifying race that got him into the race he won. In that case, the California courts held that the horse's eligibility was determined at time of nomination and participation. Under those circumstances, I don't believe there will be any change in the order of the Kentucky Derby or the other Triple Crown races.”

A spokesperson for Churchill Downs told Horseracing Nation that the track has no plans to alter the result of the 2018 Derby.

3) How did this ever become the mess that it did? And why didn't the CHRB follow its own rules?

Vienna maintains that if the California Horse Racing Board followed it own rules the case would have been cut and dried and dealt with promptly. He maintains that the rules were simple and not open to interpretation. He says that any horse that tested positive for a prohibited substance had to be disqualified.

“It's all very simple,” he said. “All they had to do was follow their own rules. There was never any real determination of what happened after the closed session. The closed session lacked finality and lacked all the indices of true decision making. There was no notice to the involved parties. There were no witnesses. All you had was Dr. Rick Arthur making the argument that scopolamine was the result of contamination. The problem is the rules in California at the time called for the disqualification of a horse who was positive for a prohibited substance that was in classes 2 through 3, which scopolamine was. They could have correctly absolved Mr. Baffert or any one else of any responsibility and still under law be required to disqualify the horse. That was the gist of our case. That's all we ever asked for. Our case was based solely on the fact that there was prohibited medication in that horse's system and, as a result of that, the rules called for the horse to be disqualified. I don't think it was very confusing at all.”

4) The process dragged on for some 4 1/2 years and if not for the New York Times report, it may never have been known that Justify tested plosive for the substance. Was the CHRB trying to sweep this under the rug?

“I think that is the case,” Vienna said. “In one executive session, they were provided with one side of the story and they wanted it to go away. There is a process in California law that provides for dismissal of a complaint, but if you look at the history of the statute in California it really applies to charges against a trainer and not the dismissal of a disqualification. That would conflict with another statute in California that says that no horse can benefit if they are carrying a degree of a substance in his system.

“Mick, like all of us is worn out, but he is pleased. This happened in 2018 and no one knew anything about it until 2019. That's a tremendously long journey for something. It could have been settled right away if horse racing board simply decided to follow their owns rules.”

Can Full-Brothers Win the Derby Back to Back?

With his win in the GII Remsen S., Dornoch (Good Magic) is on his way to the GI Kentucky Derby, where will try to pull off something that has never been done. He is a full-bother to GI 2023 Kentucky Derby winner Mage and siblings, either full-brothers or half-brothers, have never teamed up to win the Derby.

To show just how difficult that feat is, take Secretariat. His dam, Somethingroyal, produced four foals who made it to the races after Secretariat. They combined to win three races with total earnings of $38,241.

There have been a couple of dams who produced more than one win in a Triple Crown races. Thanks to research done by Randy Moss of NBC Sports, we know that the dam Leisure produced two Preakness winners in Royal Tourist (1908) and Holiday (1914). Better Than Honour was the dam of 2006 GI Belmont S. winner Jazil (Seeking the Gold) and 2007 winner Rags to Riches (A.P. Indy).

As for Dornoch, a lot will have to go right for him to win the 2024 Derby, but at this point in the game, he's far ahead of where Mage was at the same point. The Remsen was Dornoch's fourth career start and with the Remsen, he has added a graded stakes win to his record. Mage didn't start until Jan. 28 of this 3-year-old year and had not won a stakes race coming into the Kentucky Derby.

Noble Indy Makes It Home

Remember the story of Noble Indy (Take Charge Indy), the winner of the 2018 GII Louisiana Derby? He never ran back to that race and wound up being sent to Puerto Rico, where racing can often lead to the worst possible outcomes. Well, Fred Hart, who owned the dam of Noble Indy, Noble Maz (Storm Boot) was determined to bring him back home. Working together with Caribbean Thoroughbred Aftercare Inc., he has made that happen and Noble Indy landed at Old Friends last week. It's worth noting that Mike Repole and WinStar Farms, who were two of his owners during his prime racing days, foot the costs required to transport the horse back to the U.S. It's good to see owners accept the responsibilities that come with providing a good life for their horses after their careers are over.

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Caribbean Thoroughbred Aftercare Faces Unsure Future, Seeks Community Help

The future of Caribbean Thoroughbred Aftercare is up in the air as the non-profit organization faces an unprecedented increase in both rehab cases and operating expenses.

“Responsible aftercare is an imperative duty of the racing industry–one that cannot be overlooked or ignored,” said CTA Adoption Coordinator Chrissy Laughlin. “As they profit from breeding and bringing these magnificent horses to Puerto Rico, it is incumbent upon the industry to step up and provide the essential funding for their lifelong well-being and care. Embracing this responsibility with unwavering dedication will ensure a brighter future for these incredible athletes who have given their all on the racetrack.”

The CTA, which has seen a decline in on-island adoptions, has struggled to place horses in suitable homes. So much so that they are unable to accept any additional horses as of Aug. 1 due to “depleted funds for quarantine and transportation.”

Those interested in assisting the CTA can find more information here.

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Caribbean Thoroughbred Aftercare, Breeder Step Up To Get Horse Home From Puerto Rico

Ex-Marine Joe Pike is a featured private eye character in suspense novels by Los Angeles-based writer Robert Crais, but he is also a 10-year-old Thoroughbred racehorse who retired in Puerto Rico and has come home, thanks to his original breeder Joanna Reisler and the Caribbean Thoroughbred Aftercare (CTA) program. The CTA is trying to raise $3,000 to offset the costs of bringing the beloved Joe Pike back to the States.

For more than a decade, the Caribbean Thoroughbred Aftercare team has worked diligently to provide a responsible process for Thoroughbreds who have been shipped to the islands for racing to be returned off the racetracks in healthy condition and ready for new careers and homecomings. CTA has received an Eclipse Award of Merit for their work after hurricanes devastated Puerto Rico several years ago and has been accredited by the Thoroughbred Aftercare Alliance.

Reisler sees a little bit of the private eye character in the horse that shares his namesake, Joe Pike, a name he got shortly after selling as a yearling at the OBS sale in 2012. She noted the horse has a personality was one to remember.

From 2013 to 2018, Joe Pike started 36 times winning 14 times, second seven times and third six times. He earned $132,747, which is a significant amount on the island based on the modest purses. His success led him to being named the champion 3-year-old imported horse in Puerto Rico.

After racing his last race on April 13, 2018, his owner proposed keeping him in Puerto Rico as a breeding stallion. Joe Pike's sire, Benny the Bull, was a multiple graded stakes winner and Eclipse Award-winning sprinter in 2008, beating Midnight Lute 107 votes to 86.

Before Joe Pike could make his way to the breeding shed, Reisler noticed the horse was no longer racing and called CTA for information on where he was. Reisler offered him a home, if CTA could get him back to Florida.

Through dedicated time and collective efforts, CTA acquired Joe Pike and have brought him stateside. However, the costs associated with getting him home include quarantine, shipping by plane to Miami, and a van ride to Ocala. The total cost is $3,094. This does not include the nonprofit's cost for gelding, current shots, and board.

Hundreds of Thoroughbreds arrive in Puerto Rico and surrounding islands each year. The challenges of transitioning each back to the States are many, and one of the biggest hurdles is the cost for horses to return to the mainland. The CTA has had to dip into its emergency fund to fund Joe Pike's trip back and is now calling on the racing community to help restore their reserves.

The CTA Flight Fund helps with the expenses and is funded by donations.

For information on the CTA program or to make a donation go to https://pages.donately.com/cta/campaign/cta-flight-fund and designate a specific horse or generally for horses CTA is helping.

The Caribbean Thoroughbred Aftercare can also be reached at P.O. Box 43001, PMB 372 , Rio Grande, Puerto Rico 00745 or by contacting the CTA team at caribbeanottb@gmail.com.

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Letter to the Editor: Shipping Horses by Cargo

I am Shelley Blodgett, co-founder of Caribbean Thoroughbred Aftercare Inc. (CTA), a non-profit (501c3) that helps Thoroughbreds racing in Puerto Rico and the U.S. Virgin Islands. I live on the U.S. mainland and have also worked here to help Thoroughbreds and other horse breeds in need. I wrote a letter to the editor published in TDN in September, 2017, asking for help following Hurricane Maria's devastation of Puerto Rico and its racetrack, Hipodromo Camarero. The response was swift and impactful. So many individuals and industry entities were moved to help, I believe, because of the love and respect of our racing athletes. That generosity and timely action saved many horses' lives.

I am writing again to ask for support and help from your readers. Thoroughbreds are being shipped from Florida to Puerto Rico, a 1,200-mile distance, in an unsafe and inhumane manner: a days-long journey on a cargo ship on the open Atlantic Ocean in a metal container. It is my hope that your readers, including the good people of the racing industry, will speak out and, perhaps, use their considerable leverage to help end this cruel transport method for good. Thousands of people have added their names in support to end this cruel practice, including some in the industry both in the Caribbean and on the U.S. mainland.

There has already been one tragedy and it's important to avoid another. Eric Mitchell wrote a powerful investigative article detailing the April, 2019 deaths of nine Thoroughbreds, ranging in age from two to five. Eight of the horses died inside their 40-foot metal cargo container that was retrofitted into a 12-stall horse shipping system. The horses died from catastrophic injury: they trampled each other to death while sailing across the Atlantic Ocean. A ninth horse was so badly injured that it was euthanized shortly after arrival in Puerto Rico. Only six horses survived that voyage. And, yes, 15 horses were squeezed into the 12-stall system.

Following this terrible accident, the Saltchuk company and their subsidiaries, TOTE Maritime Puerto Rico and Lagos Transport, implemented what was described as a moratorium on shipping horses on cargo ships on their vessels. It is understood that they intended to implement changes to prevent future accidents. Only two known changes were made: adhering to one stall per horse (i.e., maximum of 12 horses at a time) and altering pre-departure practices so horses sitting on the dock would have more access to water while waiting to be loaded onto the sailing vessel. Despite these changes, it is apparent that the perils remain for this mode of transport. Since resumption, some horses have sustained injuries and/or become very ill, and some have had to be euthanized as a consequence. It is hard to get a full picture of the number of horses, number of injuries, and number of deaths as those involved aren't forthcoming or transparent. Still, cargo ship transport appears to be a growing practice for importing horses to Puerto Rico, likely because of cost savings compared to cost of flying horses. In fact, the sentiment of sending the “cheap horses” via cargo ship while flying those horses viewed as more valuable implies that those who ship their horses via the former mode of transport know it is riskier and inhumane.

Why is this inhumane?

Equines are highly sensitive prey animals with a strong flight-or-flight response, have acute hearing, and are always highly attuned to and responsive of their surroundings. The shipping containers they are confined to for the duration of their journey aren't meant for living beings. Imagine a 40-foot metal cargo container that has been retrofitted into a 12-stall system. It has windows cut out, affixed hay racks, and small plywood dividers separating the horses. A single fan “helps” to circulate air. The horses have just about three feet of space each and cannot turn around or lie down for the duration of their journey. Further, there is no immediate, safe access to horses while under way. Horses can become motion sick (seasick), yet they cannot vomit, which also poses some risk. Throughout, access to food and water is purportedly little to non-existent. Horses wind up standing in their own excrement and urine as well in as any ocean or rainwater that accumulates in the container. By the end of the journey, the horses are standing in wetness and muck.

Horses sent via cargo ship often arrive in Puerto Rico severely dehydrated, and many lose 50-75 pounds during the voyage, are traumatized, and sleep deprived. Some horses sustain injuries and/or become ill (e.g., colic, respiratory infections). Dr. Jose Garcia Blanco, V.M.D., a leading equine veterinarian in Puerto Rico who has long worked with Thoroughbreds and the racing industry both in the Caribbean and on the U.S. mainland, was compelled to write a letter outlining why he views ocean cargo transport of horses to be unsafe and inhumane.

Shipping horses always involves some risk, whether on the U.S. mainland or across an ocean. However, there are safer and more humane methods available. Standard practice for shipping horses long distance on the mainland via tractor trailer (e.g., from Kentucky to California, a straight 44-hour trip), is often accomplished with horses placed in box stalls with, perhaps, a layover at a barn along the way so the horses can stretch their legs more and eat and drink. On such trips, hay and water are available and an attendant is present for the entire trip. Another example is when horses are air shipped from Miami to Puerto Rico. At the airport, horses are loaded in three-stall shipping containers or walked onto the plane via a ramp and placed in stalls. They are then flown 2.5 hours with an attendant available to them during the flight and are then unloaded at the airport and put on a trailer, with hay and water offered, for their final destination.

There is a more humane method to transport horses

As outlined above, a 2.5-hour plane flight, also operated by a Saltchuk company, Northern Air Cargo, is a much faster, safer, and humane method to transporting on and off the island of Puerto Rico. It appears that the owners who opt to transport horses via cargo ship are enticed by saving approximately $1,100 per horse. Regardless of the rationale, the savings in money does not warrant the increased risk for horses suffering and possibly dying. Every one of our equine athletes deserve better!

I ask that readers and the horse racing industry take a stand against cargo ship transport of U.S. Thoroughbreds between the U.S. mainland and the Caribbean. Below are some ways to do that. Thank you.

How do we stop this?

Sign and share the petition.
Ask the Saltchuk group, and their subsidiary TOTE Maritime, to no longer ship equines because it is unsafe and inhumane. Saltchuk already has more humane way of shipping horses as Saltchuk also owns the air cargo plane that ships horses in/out of Puerto Rico. Use Saltchuk's Ethics Hotline to let them know how you feel.
These shipments are being approved by Dr. Alejandro E. Pérez Ramírez, Director Interino, Laboratorio de Diagnóstico Veterinario, via an import certificate. Dr. Perez can simply decide not to issue import licenses to horses traveling via cargo ship. Make a request to aperez@agricultura.pr.gov.
The government of Puerto Rico can implement a ban on this type of shipping of horses. Contact them here.

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