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Attorney Alan Pincus Joins The TDN Writers’ Room To Discuss HIWU Suspensions

With the Horseracing Integrity and Welfare Unit (HIWU) issuing provisional suspensions in what seems like a rapid-fire manner, attorney Alan Pincus has been busy. He is representing trainer Mario Dominguez, who was hit with a provisional suspension after a horse he trained allegedly tested positive for cobalt, and has worked with trainer Jonathan Wong on his case. A Wong-trained horse allegedly tested positive for the banned substance Metformin.

Pincus joined the TDN Writers' Room podcast sponsored by Keeneland to discuss his cases and to express his views on what has transpired since HIWU took over drug testing and enforcement on May 22. Pincus, to put it mildly, is not a fan of what is going on. He was this week's Green Group Guest of the Week.

“The HISA regulations are written in a way that is truly evil,” Pincus said.

His complaints were many, starting with how violations of banned substances are dealt with by HISU. Once a positive has been determined for substances that are on the banned list, the trainer involved is immediately suspended. That takes place before a hearing can be held and before the results of a split sample are received.

“They give you very little chance to defend yourself,” Pincus said. “The worst part of it is that when you have a banned substance, they come to you. They give you a letter that says you have a positive for this drug. They tell you 'get out' and you're out that next day. What happens to a trainer who is told to get out? Their horses must be relocated to different trainers in different stalls. You lose your owners, you lose your horses, you lose your ability to make a living. In the case of Mr. Dominguez, he had a dozen horses. He was a small trainer working his way through and was doing okay. But like most trainers, he is living month to month. Now you've taken away his ability to make a living. You haven't charged him with anything, but he's dead. That's against due process.”

He continued: “He's yet to be charged with anything. They won't charge you until the split sample comes back. It's due momentarily. But his life has long since been over. He hasn't been charged with anything. What happens if the split sample comes back and it's under the level? What do they say? 'Oops, sorry that I destroyed your life.' The whole system is unconstitutional. It's based on the fact that you're guilty until proven innocent.”

Pincus also opined that there are substances on the banned substance list that don't belong there, that should be treated as relatively minor issues.

“Mac Robertson (who also received a provisional suspension from HIWU) got a positive for Regumate, another very low-level drug,” Pincus said. “It can't possibly be a banned substance. You're supposed to be looking for a Etorphine and EPO and things like that as banned substances. Not these things. It's ridiculous. You're going to see more, one a week. It's like Russian roulette out there. These guys, they're not cheaters. And besides the fact, you have very little chance under their system of winning. It has to stop.”

Pincus said the old way of doing things is preferable to a world under HIWU and the Horseracing Integrity and Safety Authority (HISA).

“They're not going to be able to do it better than the racing commissioners,” Pincus. “The racing commissions know about the game. They have experience in the game. The stewards are the most knowledgeable people in racing. Now we've gone and replaced them with a bunch of people who say things like, 'Let's change the whip to a popsicle stick with a piece of cotton on the end of it and look at some grainy films and see if that was a jockey winding up or he actually hit the horse.' It's stupid. The seventh whip strike is animal cruelty? Then what was the sixth whip strike, which is allowed?”

Elsewhere on the podcast, which is also sponsored by the Pennsylvania Horse Breeders Association, Kentucky Thoroughbred Owners and Breeders, WinStar Farm, Lane's End, XBTV.com andhttps://www.threechimneys.com/ West Point Thoroughbreds, the team of Bill Finley, Randy Moss and Zoe Cadman, jumped into the controversy surrounding the extension of Bob Baffert's ban by Churchill Downs. Moss predicted that Baffert would fight the extension in court and that, this time, he would prevail. The team also took a look back at the win by West Will Power (Bernardini) in the GI Stephen Foster S., run this year at Ellis Park, and the game victory by Fort Bragg (Tapit) in the GIII Dwyer S. Looking ahead at this weekend's action, Finley focused in on the GII Suburban S. at Belmont. A race with a long history and one won by some of the sport's all-time greats, the Suburban, Finley said, has turned into a second-tier race. He argued that there are too many races on the NYRA calendar for older dirt males and said the best solution would be to discontinue the Suburban, which, this year, drew only five horses.

Click here to watch the Writers' Room podcast or here for the audio-only version.

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Churchill Downs Donates Against All Odds Statue to National Museum of Racing and Hall of Fame

Churchill Downs Incorporated will donate “Against All Odds,” an inspiring bronze statue by Edwin Bogucki, to the National Museum of Racing and Hall of Fame as part of the Museum's permanent collection. The statue will be unveiled at its new home in Saratoga Springs July 12.

“Against All Odds” depicts the thrilling photo finish victory of John Henry with jockey William Shoemaker in the irons as they ran down The Bart in the shadow of the wire in the inaugural running of the Arlington Million in 1981, the first Thoroughbred race to boast a purse of $1 million. The statue was originally unveiled in 1989 at Arlington International Racecourse.

“It is a great honor to make this gift to the National Museum of Racing and Hall of Fame in memory of the late Richard Duchossois, where it will be prominently displayed and enjoyed by racing fans for many years to come,” said Bill Carstanjen, CEO of CDI. “Much like Mr. Duchossois, 'Against All Odds' represents perseverance. May it serve as an inspiration to horses and humans alike that with courage and determination, what seems impossible can be achieved.”

“We are most grateful to Bill Carstanjen and everyone at Churchill Downs Incorporated for the generous donation of the 'Against All Odds' statue to the National Museum of Racing and Hall of Fame,” said John Hendrickson, Chairman of National Museum of Racing and Hall of Fame. “This incredible work of art represents so many iconic elements of racing history–the inaugural Arlington Million, Hall of Famers John Henry and Bill Shoemaker, and the legacy of Richard Duchossois, a true Pillar of the Turf. We are honored to accept this wonderful addition to our collection and showcase it prominently on the Museum grounds, where it will have a forever home.”

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Op/Ed: In Extending Baffert Ban, Churchill Downs Has Gone Too Far

With the Churchill Downs spring meet, which was moved over to Ellis Park, winding down, it appeared that Bob Baffert would soon be able to put the worst of his problems behind him. Baffert was serving a two-year suspension from Churchill Downs that came in the aftermath of Medina Spirit (Protonico) testing positive for a substance banned on race day after crossing the wire first in the 2021 GI Kentucky Derby. The suspension forced Baffert to sit out the 2022 and 2023 runnings of the Derby, the race that is at the core of his operation. It was a huge price to pay. The end of the meet on Sunday was supposed to mark the end of his ban and give Baffert the green light to run at Churchill, the other tracks owned by the company, and in the 2024 Derby.

Instead, Churchill announced Monday that Baffert's ban had been extended through the calendar year 2024. The decision, Churchill said in a statement, was “based on continued concerns regarding the threat to the safety and integrity of racing (Baffert) poses to CDI-owned racetracks.”

It was a stunning announcement, and not just because it was unexpected. To extend the ban, based on what are best described as flimsy accusations, is overkill. Baffert served his time, his punishment was up and it was time for him to prepare for his return to the Kentucky Derby next year. Justice was not served here.

Baffert's problems began before the 2021 Derby. He had accrued a number of positives over a short period, including one with Gamine (Into Mischief) in the 2020 GI Kentucky Oaks. When Medina Spirit tested positive for betamethasone, Churchill Downs clearly had had enough.

“Failure to comply with the rules and medication protocols jeopardizes the safety of the horses and jockeys, the integrity of our sport and the reputation of the Kentucky Derby and all who participate. Churchill Downs will not tolerate it,” read a statement issued by the track at the time.

A two-year suspension followed. Baffert's problems only mounted. He received a 90-day suspension from the Kentucky Horse Racing Commission and New York Racing Association banned him for what turned out to be a year.

Baffert vowed to fight the charges “tooth and nail,” and that's what he did. He and his legal team based their defense on the supposition that the betamethasone got into Medina Spirit's system, not through an injection. but through an ointment used to treat a skin rash. That, they contended, meant that the positive should have been excused. That never seemed like a winning argument. The betamethasone was in the horse's system. That's all that mattered, and not how it got there. But Baffert kept fighting and contested every one of the suspensions as what seemed like a never-ending series of appeals worked their way through the legal system. As late as this year's GI Belmont S., Baffert was still out there stating his case. In an interview with Fox he said that if he had to do things over again regarding the Medina Spirit matter he wouldn't have done anything differently and that he didn't break any rules.

That apparently didn't go over well in the Churchill Downs corporate suites.

“Mr. Baffert continues to peddle a false narrative concerning the failed drug test of Medina Spirit at the 147th Kentucky Derby from which his horse was disqualified by the Kentucky Horse Racing Commission in accordance with Kentucky law and regulations,” Monday's statement from Churchill read. “Prior to that race, Mr. Baffert signed an agreement with Churchill Downs which stated that he was responsible for understanding the rules of racing in Kentucky and that he would abide by them. The results of the tests clearly show that he did not comply, and his ongoing conduct reveals his continued disregard for the rules and regulations that ensure horse and jockey safety, as well as the integrity and fairness of the races conducted at our facilities. A trainer who is unwilling to accept responsibility for multiple drug test failures in our highest-profile races cannot be trusted to avoid future misconduct.”

There's no doubt that Baffert could have been handled the situation better and that a more prudent strategy would have been to shut up, take his lumps and wait patiently on the sidelines for his suspension to run its course. Had he done so, it's likely that Churchill Downs would have reinstated him Monday rather than extending the ban.

Whether Baffert “peddled a false narrative” or not, no one deserves to be penalized–and penalized severely–for exercising their right to defend themselves. And that's what Churchill has done to Baffert. Put in the same situation, most anyone would have done the same. By no means does anything he did constitute a case of “continued disregard for the rules and regulations that ensure horse and jockey safety…”

Another troubling aspect to this latest twist in the Baffert-Medina Spirit saga is that there's no telling what Churchill will do next. In its statement, Churchill gave no assurances that it will drop the ban at the end of 2024. Rather, it said that it will re-evaluate Baffert's status at the time. Do we know that they will ever welcome Baffert back at their tracks? We don't.

Baffert is far from perfect and he never deserved to get a free pass for what he did. He should have been far more careful, not only with Medina Spirit, but with all the horses he had that tested positive. Instead, and at the very least, he was sloppy and took his eye off the ball. How did he and his veterinarian not know that treating Medina Spirit with the ointment Otomax could result in a positive? All of this would have been an issue with any trainer in any race, but when it comes to the biggest name in racing and the sport's marquee race, you definitely have a problem.

So maybe Baffert deserved some of the penalties, especially the one handed down by the Kentucky Horse Racing Commission. But at some point, the crime and the punishment need to fit. We no longer need to debate whether or not Churchill Downs was justified in banning Baffert for two years. That ship has sailed. The relevant issue now is the extension of the ban and for what reason. Since the original suspension was announced, Baffert has done nothing wrong and has not violated any rules or had any more positives. He should be on his way back and that he's not suggests that Churchill Downs has a vendetta against him. It's not right.

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Bob Baffert Suspension Extended Through 2024 At Churchill Downs

Churchill Downs Incorporated is extending the suspension of Bob Baffert through calendar year 2024 based on what Churchill Downs called “continued concerns regarding the threat to the safety and integrity of racing he poses to CDI-owned racetracks.” Churchill released the following statement:

“Mr. Baffert continues to peddle a false narrative concerning the failed drug test of Medina Spirit at the 147^th Kentucky Derby from which his horse was disqualified by the Kentucky Horse Racing Commission in accordance with Kentucky law and regulations. Prior to that race, Mr. Baffert signed an agreement with Churchill Downs which stated that he was responsible for understanding the rules of racing in Kentucky and that he would abide by them. The results of the tests clearly show that he did not comply, and his ongoing conduct reveals his continued disregard for the rules and regulations that ensure horse and jockey safety, as well as the integrity and fairness of the races conducted at our facilities. A trainer who is unwilling to accept responsibility for multiple drug test failures in our highest-profile races cannot be trusted to avoid future misconduct. Mr. Baffert will remain suspended from entering horses at all racetracks owned by CDI through 2024. After such time, we will re-evaluate his status.”

Baffert told the TDN, “I am at a loss to understand Churchill Downs's latest action to suspend me. From the moment I learned of Medina Spirit's post-race positive–now more than two years ago–I committed to find out how it could have occurred, given that we had never injected Medina Spirit's joints with betamethasone, which the veterinary records confirm. A review of our treatment records showed we used a topical ointment called Otomax for a skin infection, and post-race testing of the sample confirmed the positive test came from a topical application.

I have been open, honest and forthcoming about these events. I have acknowledged that our treatment led to the positive and I informed the Kentucky Racing Commission that we had treated Medina Spirit this way.

I have been advised by my attorneys that the use of Otomax is permitted under the rules, and this issue is presently being adjudicated by the Racing Commission in a case presently before them. In no way does this involve a “disregard for the rules”.

In the interests of the sport we all love, I have made no public comments on this unfortunate episode for an extended period of time so the suggestion that I `continue to peddle a false narrative' is patently false..”

Clark Brewster, who represented Bob Baffert in the Medina Spirit case, added: “This has nothing to do with anything that Bob has done or said. Bob simply has come forward and said he used this particular topical and that the rules permitted it. He felt that the rules dealing with betamethasone involved with injecting a horse within 14 days of the race. He's been open and transparent and hasn't been in any way accusatory. The words in this release are shocking and don't deal with the reality in any way.”

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