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The TDN Kentucky Oaks Top 10 For Feb. 16

All eyes last week were on the Suncoast S. at Tampa Bay Downs, where 38-1 shot Dreaming of Snow (Jess's Dream) scored a huge upset over 2-year-old filly champion Wonder Wheel (Into Mischief) and the highly regarded Julia Shining (Curlin). That wasn't enough for Dreaming of Snow to make this week's Top 10 for the GI Kentucky Oaks, but it was certainly a herculean effort to defeat two such highly regarded horses.

The spotlight this week will be on the Fair Grounds, where the mega-talented Hoosier Philly (Into Mischief) will make her 3-year-old debut in Saturday's GII Rachel Alexandra S. presented by Fasig-Tipton. The Rachel Alexandra field also includes Chop Chop (City of Light), the beaten favorite in the GI Breeders' Cup Juvenile Fillies and runner-up in the Silverbulletday S., and Untapable S. winner 'TDN Rising Star' Pretty Mischievous (Into Mischief).

GIII Santa Ynez S. winner Ice Dancing (Frosted) comes off the list as trainer Richard Mandella reports that she had to have a chip removed and will miss the Oaks. Munny's Gold (Munnings) has also been dropped from the list as it appears that her immediate future will include races in sprints.

1) HOOSIER PHILLY (f, Into Mischief–Tapella, by Tapit) O-Gold Standard Racing Stable, LLC. B-Candy Meadows, LLC (Ky). T-Thomas Amoss. Sales history: $510,000 yrl '21 KEESEP. Lifetime Record: GSW, 3-3-0-0, $432,610. Last Start: Won GII Golden Rod S. at Churchill Downs Nov. 26. Kentucky Oaks Points: 10. Next Start: GII Rachel Alexandra S., FG, Feb. 18

With previous No. 1 Wonder Wheel going down to defeat in the Suncoast S., Hoosier Philly takes over the top spot for trainer Tom Amoss. Her start in the Rachel Alexandra has been widely anticipated since she concluded her 2-year-old campaign and Amoss professed that she was not just the best filly, but the best horse he has ever trained. That's high praise from someone who won the 2019 GI Kentucky Oaks with Serengeti Empress (Alternation). So far as Saturday's race goes, Amoss had this to say: “We have a lot of expectations for her based on what she's done so far, so there's a lot of anticipation about how she's going to come back at three,” he said. “Her morning preparation has been just as it was when she was two, so that gives us some feeling of confidence going into the race. But still, it is just her first race at three.” The bettors are on board. Though Amoss has only hinted at a possible start in the GI Kentucky Derby for his star, Hoosier Philly closed at 11-1 in the latest round of the Derby Future Wager. Only the “all others” selection and Forte (Violence) closed at lower odds. Is the hype justified? We'll know more after the Rachel Alexandra.

2) WONDER WHEEL (f, Into Mischief–Wonder Gal, by Tiz Wonderful) O-D. J. Stable LLC. B-Three Chimneys Farm, LLC & Clearsky Farm (Ky). T-Mark Casse. Sales history: $275,000 yrl '21 KEESEP. Lifetime Record: MGISW, 5-4-1-0, $1,550,725. Last Start: 2nd Suncoast S. at Tampa Bay Downs Feb. 11. Kentucky Oaks Points: 48. Next Start: To Be Determined

There are a couple of ways of looking at Wonder Wheel's loss in the Suncoast S. at Tampa Bay Downs. It was her first start of the year and the connections said she got tired in the stretch. With much larger goals out there, it was not a race she had to win and she will certainly run better next time. “[Jockey] Tyler [Gaffalione] said she just got a little tired at the end,” trainer Mark Casse told the Daily Racing Form after the race. “I'm not at all unhappy. In fact, it kind of reminded me of her Spinaway effort.” Wonder Wheel was second in last year's GI Spinaway S., her only defeat as a 2-year-old. Then again…shouldn't a horse of her caliber have been able to get by a horse with modest credentials in Dreaming of Snow? She had the entire length of the stretch to pass her and just couldn't do it. Dreaming of Snow was 38-1 for a reason–her form coming into the race was nothing to brag about. All of which makes Wonder Wheel's next start very important. With anything less than an A effort, she will fall from the ranks of the top contenders for the Kentucky Oaks. The jury is out.

3) FAIZA (f, Girvin–Sweet Pistol, by Smart Strike) 'TDN Rising Star' O-Michael L Petersen. B-Brereton C. Jones (Ky). T-Bob Baffert. Sales history: $90,000 yrl '21 KEESEP; $725,000 2yo '22 FTMMAY. Lifetime Record: GISW, 2-2-0-0, $222,000. Last Start: Won the GI Starlet S. at Los Alamitos on Dec. 10. Kentucky Oaks Points: 0. Next Start: To Be Determined

So far, 'TDN Rising Star' Faiza has yet to run a big number, as the 77 Beyer she got when winning the GIII Las Virgenes S. in her most recent outing is her best to date. Other than that, she's hard to knock. After breaking her maiden in November at Del Mar, she came back to win the GI Starlet S. at Los Alamitos and then ground out a half-length win in the Las Virgenes. She's had one work since, covering three furlongs in 37.80 on Feb. 11 at Santa Anita. Like the Bob Baffert-trained 3-year-old colts, she might have to be moved into another barn so that she can be eligible to run in the Oaks. As of now, Baffert is banned from starting horses at Churchill Downs. By Girvin, Faiza cost $725,000 at the 2022 Fasig-Tipton Midlantic 2-Year-Olds in Training Sale. Girvin, who got off to a fast start last year at stud, began his stallion career in Florida but now stands in Kentucky at Airdrie Stud.

4) LEAVE NO TRACE (f, Outwork–Tanquerray, by Good Journey) O-WellSpring Stables. B-Red Cloak Farm, LLC (Ky). T-Philip Serpe. Sales history: $8,000 yrl '21 FTFFEB; $40,000 yrl '21 FTMOCT. Lifetime Record: GISW, 4-2-1-1, $598,650. Last Start: 2nd in the GI Breeders' Cup Juvenile Fillies at Keeneland Nov. 4. Kentucky Oaks Points: 15. Next Start: GII Davona Dale S., GP, Mar. 4

She may not have always won but at two this blue-collar filly was one who always showed up. A $40,000 purchase at the 2021 Fasig-Tipton Midlantic Fall Yearling Sale, the daughter of Outwork won the GI Spinaway S. and then was third in the GI Frizette S. and second in the GI Breeders' Cup Juvenile Fillies. Having finished behind Wonder Wheel in the Breeders' Cup and Chocolate Gelato (Practical Joke) in the Frizette, Leave No Trace may need to improve as a 3-year-old in order to win a race like the Oaks. Trainer Phil Serpe has taken to preparing her for her 3-year-old debut in the GII Davona Dale S. by working her on the Tapeta surface at Gulfstream, where she has worked five furlongs in :59.25 and four furlongs in :48.85. Leave No Trace is owned by Dr. Robert Vukovich and his wife Laura, who have a farm in Colts Neck, New Jersey.

5) RED CARPET READY (f, Oscar Performance-Wild Silk, by Street Sense) O-Ashbrook Farm and Upland Flats Racing; B-Lynn B. Schiff; T-Rusty Arnold. Sales history: $180,000 ylr '21 FTSAUG. Lifetime Record: GSW, 3-3-0-0, $265,470. Last Start: Won the GIII Forward Gal S. at Gulfstream Park on Feb. 4. Kentucky Oaks Points: 20. Next Start: To Be Determined

Joins the Top 10 after a win in the GIII Forward Gal S. at Gulfstream at seven furlongs. She's 3-for-3 and obviously has a lot of ability, having also won the Fern Creek S. after breaking her maiden by 10 lengths. But she must prove she can go a distance. Trainer Rusty Arnold thinks that she can and is pointing for the one-mile GII Davona Dale S. “She's not a rank filly that just tries to run off, so I'm pretty optimistic she will stretch out,” Arnold said. That she has been winning while sprinting on the dirt goes against logic when it comes to her pedigree. She is by Oscar Performance (Kitten's Joy), which should mean that her best fit is distance races on the turf. That might be her future, but, for now, she looks like a talented filly who could be very dangerous if making the adjustment to longer, two-turn races.

6) JULIA SHINING (f, Curlin–Dreaming of Julia, by A.P. Indy) 'TDN Rising Star' O-Stonestreet Stables LLC. B-Stonestreet Thoroughbred Holdings LLC (Ky). T-Todd Pletcher. Lifetime Record: GSW, 2-2-0-0, $194,075. Last Start: 3rd Suncoast S. at Tampa Bay Downs Feb. 11. Kentucky Oaks Points: 16. Next Start: To Be Determined

Her story mirrors that of Wonder Wheel. She ran OK to finish third in the Suncoast S. and should move forward off of the race, but surely her connections were expecting better than a third-place finish while going down to defeat to a 38-1 winner. The 'TDN Rising Star' lost by 1 1/2 lengths and had no apparent excuses. Then again, she is a filly who has shown a ton of potential and is a full-sister to champion Malathaat. She very easily can bounce back and, for her, the Ashland will be a huge test. Along with Hoosier Philly, is one of only two fillies nominated to the Triple Crown. Trainer Todd Pletcher likely did so with the GI Belmont S. in mind.

7) THE ALYS LOOK (f, Connect–Foul Play, by Harlan's Holiday) O-Ike and Dawn Thrash. B-G. Watts Humphrey (Ky). T-Brad H. Cox. Sales history: $60,000 yrl '21 KEESEP. Lifetime Record: SW, 5-2-1-1, $150,528. Last Start: Won the Silverbulletday S. at Fair Grounds Jan. 21. Kentucky Oaks Points: 24. Next Start: GII Fair Grounds Oaks, FG, Mar. 25

Will sit out this weekend's Rachel Alexandra and point to the GII Fair Grounds Oaks for trainer Brad Cox. She defeated stablemate Chop Chop last out in the Silverbulletday, posting a mild upset. Only a $60,000 yearling purchase, she was anything but an overnight sensation and lost her second career start, a maiden race at Churchill Downs, by 15 3/4 lengths. She's been a different horses since then, going two-for-three. Like a lot of Cox-trained horses, she seems to be on the improve and could prove to be the best 3-year-old filly from one of the sport's top barns. Cox has won two of the last five runnings of the Oaks.

8) JUSTIQUE (f, Justify–Grazie Mille, by Bernardini) 'TDN Rising Star' O-C R K Stable, LLC. B-John D. Gunther & Eurowest Bloodstock (Ky). T-John A Shirreffs. Sales history: $725,000 yrl '21 KEESEP. Lifetime Record: SW & GSP, 3-2-0-1, $132,000. Last Start: 3rd in the GIII Las Virgenes S. at Santa Anita Jan. 28. Kentucky Oaks Points: 9. Next Start: To Be Determined

Since Justique is 2-for-2 sprinting and 0-for-2 going a route of ground, there is speculation that she is a one-turn horse, even though she closes from another area code. Trainer John Shirreffs does not agree. “I don't think she really has a problem going around two turns,” Shirreffs said. “I know other people think that she does. She just hasn't had the right situation yet. Santa Anita sometimes has a big speed bias and it's hard for horses to close. Del Mar didn't have that and she really shined there. I think that's been a big factor.” The 'TDN Rising Star' looked great in her two sprint races, but was a non-threatening third last time out in the Las Virgenes. She'll have to do better next time out in the Santa Ysabel to be considered a top threat for the Oaks.

9) OCCULT (f, Into Mischief–Magical Feeling, by Empire Maker) O-Alpha Delta Stables, LLC. B-Peter E. Blum Thoroughbreds, LLC (Ky). T-Chad C. Brown. Sales history: $625,000 yrl '21 KEESEP. Lifetime Record: SW, 3-2-0-0, $107,450. Last Start: Won the Busanda S. at Aqueduct Jan. 14. Kentucky Oaks Points: 20. Next Start: To Be Determined

Occult, the winner of the Busanda S. at Aqueduct in her most recent start, remains in New York for trainer Chad Brown and has had three four-furlong workouts since her last start. Brown has yet to announce where she will run next. She probably didn't beat much in the Busanda, but she's got the credentials to be a major player in this division. She's by Into Mischief and is trained by Chad Brown, signs pointing to a bright future. She'll need to get better, but there's no reason why she can't.

10) CHOP CHOP (f, City of Light-Grand Sofia, by Giant's Causeway) O-Selective LLC. B-Cobra Farm & MRJ Thoroughbreds. T-Brad Cox. Sales history: $230,000 ylr '21 FTKJUL. Lifetime Record: GSP, 5-2-2-0, $455,450. Last Start: 2nd in the Silverbulletday S. at Fair Grounds Jan. 21. Kentucky Oaks Points: 12. Next Start: GII Rachel Alexandra S., FG, Feb. 18

Can they beat Hoosier Philly in the Rachel Alexandra? If it's going to happen, the horse that will likely pull it off is Chop Chop. She started her career with two straight grass starts before losing by just a nose to Wonder Wheel in the GI Darley Alcibiades S. After finishing up the track as the betting favorite in the Juvenile Fillies, she finished second in the Silverbulletday, losing by a length to stablemate The Alys Look. Trainer Brad Cox takes the blinkers off for the Rachel Alexandra, where she'll need a good performance to remain among the top members of her division.

The post The TDN Kentucky Oaks Top 10 For Feb. 16 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Baffert Wants Federal Judge Removed from Case Against CDI

Trainer Bob Baffert now wants the federal judge handling his year-old lawsuit against Churchill Downs, Inc. (CDI), to recuse herself.

The stated reason is that legislative lobbying efforts conducted by the judge's husband for two racing industry clients allegedly create a conflict of interest for Judge Rebecca Jennings in adjudicating Baffert's case.

Baffert is attempting to reverse the second year of a two-year ban by CDI that prohibits his trainees from accruing qualifying points and competing in the 2023 GI Kentucky Derby.

CDI first imposed that punishment in June 2021 because of a string of drug positives in horses Baffert trained, including two in CDI's most prominent races, the 2020 GI Kentucky Oaks and in the 2021 Derby.

The now-deceased Medina Spirit (Protonico) tested positive for the Class C drug betamethasone after crossing the finish wire first in the 2021 Derby.

Seven months later, the colt collapsed after a workout and died in December 2021.

Medina Spirit was posthumously disqualified from the Derby by the Kentucky Horse Racing Commission (KHRC) in February 2022.

Baffert's appeal on that matter (and a suspension he has already served but wants cleared from his record) is pending.

“The plaintiffs submit that the Court's impartiality is in question because [the judge's] husband, Michael Patrick Jennings and his firm, Commonwealth Alliances, are legislative agents employed by The Jockey Club,” Baffert's motion for recusal stated.

“The Jockey Club has actively intervened publicly and litigiously in the litigation surrounding the Bob Baffert/Medina Spirit matter since the beginning of state and racing association action against Mr. Baffert,” the motion stated.

“R. Alex Rankin, a named Defendant in this case, is a senior, influential member of the Jockey Club and serves as a Jockey Club Steward,” the recusal request continued. “The motion is brought on a good faith basis after a diligent investigation of the public record and not for 'other advantage or litigation tactic'…. [T]he impartiality of the Court is in question, and the necessary remedy is a disqualification.”

In an affidavit signed by one of Baffert's lawyers that accompanied the motion, attorney Clark Brewster stated that Patrick Jennings was also employed as a lobbyist by The Stronach Group (TSG).

Although TSG tracks have not banned Baffert, the filing noted that the lobbyist's engagement with TSG overlaps a time when “litigation was pending against TSG by Jerry Hollendorfer (a racehorse trainer excluded from Santa Anita by TSG).”

Brewster's affidavit stated that Patrick Jennings's firm was paid $50,750 by The Jockey Club during 2022, and that his personal income from that client was $34,256. His 2022 personal income from TSG was $34,038 out of $74,219 that went to his firm.

Baffert had initially sued CDI on Feb. 28, 2022, alleging civil rights violations related to what Baffert said was a deprivation of his right to due process of law guaranteed under the Fourteenth Amendment.

According to the court docket, Judge Jennings was “randomly assigned” to the case on the same day it was filed.

“The fees earned in 2022 are a clear source of extrajudicial bias,” Baffert's filing stated. “At no time during the litigation did Judge Jennings disclose her husband's employment by The Jockey Club [or TSG].”

Brewster's affidavit laid out his version of recent events, including details of a spat that erupted over the past week involving differences of opinion related to alleged “ex parte” discussions between the judge and the CDI defense team that potentially occurred without Baffert's attorneys being included. The result was a written denial from the judge that anything improper happened, along with an admonishment from the judge to Baffert's legal team.

“After the Court adjourned on Feb. 3, I sent an informal email to lead counsel for the defense seeking some understanding of how he knew the Court would commence the continued hearing with the defense being permitted to call a party-witness (Mr. Baffert) out of order and cross-examine a party before he was presented by Plaintiffs' counsel,” Brewster stated in his affidavit.

“Given that not every contact with court staff is a prohibited ex parte communication, there was no accusation of ethical or judicial impropriety. The email was sent to gain an understanding of Defendants' surprising degree of knowledge about the mode and manner of the proceedings…

“Defense counsel sent an incendiary email response, copying Judge Jennings and accusing [Brewster] of making false accusations regarding ex parte communications between defense counsel and the Court,” the affidavit stated.

On Feb. 8 Judge Jennings issued a memorandum that stated, in part, that, “The Court has not engaged in ex parte communications with either side [and] Plaintiffs are warned that any future conduct implicitly threatening the Court, attempting to create or fabricate a situation suggesting recusal, or made for other advantage or litigation tactic will not be tolerated and may result in a show cause hearing and disciplinary action.”

Brewster claimed in his affidavit that he was “bewildered by the announcement of Judge Jennings and the 'warning' to counsel to not suggest recusal, given that counsel had made no effort to impugn the Court or to seek recusal.”

Then Brewster engaged in some Googling, which did lead to the seeking of recusal.

“To gain some understanding of Judge Jennings's disclosed concern regarding recusal, [I] searched the internet on Feb. 8 and discovered that Judge Jennings's husband, Michael Patrick Jennings, is the Legislative Agent/Lobbyist for The Jockey Club,” Brewster stated in his affidavit.

This is not the first time that a conflict-of-interest recusal has arisen in Baffert's intertwined legal cases and administrative appeals.

In September 2022, Clay Patrick, the hearing officer assigned to Baffert's KHRC appeal, recused himself three weeks after the appeal's testimony was heard.

Patrick stepped down after Brewster revealed that he had unknowingly bought a $190,000 horse at the Keeneland September Yearling Sale that was co-owned by Patrick, who operates Ramspring Farm.

The KHRC assigned a new hearing officer to that case.

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Churchill Downs To Offer Record 50 Stakes Worth $20.525 Million During Spring Meet

Led by the $3 million GI Kentucky Derby presented by Woodford Reserve Sat. May 6, a record 50 stakes races that total $20.525 million will be staged at Churchill Downs Racetrack during the 44-day Spring Meet which spans April 29-July 3.

The lineup features 28 stakes races that received significant boosts–including the GI Stephen Foster which is now worth $1 million–and one new event, the $175,000 Chorleywood Overnight S.

Derby Week kicks off the Spring Meet with 22 stakes that total a record $13.125 million over the six-day stretch that culminates with the highlight of the annual racing calendar–the 149th running of the GI Kentucky Derby. Nine of the 14 races on Kentucky Derby day are stakes that total $7.65 million. In addition to the Derby, the first Saturday in May will showcase the $1 million GI Old Forester Bourbon Turf Classic; $750,000 GI Churchill Downs presented by Ford; $750,000 GI Derby City Distaff presented by Kendall-Jackson Winery; $500,000 GII Longines Churchill Distaff Turf Mile; $500,000 GII Pat Day Mile; $500,000 GII American Turf; $500,000 GII Twin Spires Turf Sprint; and $175,000 Knicks Go Overnight S.

One day earlier, Churchill Downs will host the $1.25 million GI Longines Kentucky Oaks. The seven stakes that day total $4.2 million: the Oaks; $750,000 GI La Troienne; $600,000 GII Alysheba presented by Sentient Jet; $500,000 GII Eight Belles; $500,000 GII Edgewood presented by Forcht Bank; $300,000 GIII Modesty; and $300,000 Unbridled Sidney S. presented by Sysco.

Stephen Foster Preview Day is Saturday, June 3 with six stakes that total $1.35 million: the $225,000 GIII Blame; $225,000 GIII Shawnee; $225,000 GIII Arlington; $225,000 GIII Regret; $225,000 Aristides S.; and $225,000 Audubon S.

The $1 million Stephen Foster, which has been elevated to Grade I status, is the centerpiece of closing weekend. The race anchors a six-race stakes card that totals $2.475 million on Saturday, July 1, and includes the $400,000 GII Fleur de Lis; $400,000 GII Wise Dan; $225,000 American Derby; $225,000 Tepin S.; and $225,000 Kelly's Landing S.

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Brant Says USDA “Kidnapped” His Horse

When Peter Brant shipped a collection of newly turned 2-year-olds from the Mocklershill training facility in Ireland to the U.S. on Jan. 13 he had no reason to expect that their transport from Europe to Payson Park in Florida would be anything other than routine. Brant ships horses from Europe to the U.S. all the time.

But in the case of a well-bred 2-year-old named Belle Gambe (Ire) (Dubawi {Ire}), the filly has been stuck in quarantine at Churchill Downs for more than three weeks, the result of what Brant says is a false positive for a venereal disease called Dourine. What has ensued, he said, has been a nightmarish three weeks during which his pleas to the United States Department of Agriculture (USDA) to release the filly have fallen on deaf ears and Brant's frustrations with the USDA have boiled over.

“She's in quarantine in Kentucky at Churchill Downs and you're in a trap there,” Brant said. “They've basically kidnapped my horse.”

Brant is known for racing some of the best horses on the planet, but he has every reason to believe that Belle Gambe might stand out from the rest. A homebred, she's by Dubawi out of Unaided (GB), by Dansili (GB). That makes her a half-sister to Uni (GB) (More Than Ready), the winner of the 2019 GI Breeders' Cup Filly & Mare Turf and that year's champion turf filly.

“Obviously, she is a very important horse to us,” Brant said.

According to Chuck Santarelli, the president of Mersant International, the shipping company that brought the Brant horses to the U.S., blood was taken on the horses before they left Ireland and was sent to the USDA lab in Ames, Iowa and they all tested negative. Five horses were tested, four of which boarded the plane to the U.S. However, after they arrived and were under USDA supervision at the Kentucky Import Center, Brant was informed that Belle Gambe had tested positive for Dourine. Because she had not met the USDA requirements to enter the country, the USDA could not release her to the general population and instead placed her in quarantine.

According to the Center for Food Security and Public Health, Dourine is “a serious, often chronic, venereal disease of horses and other equids. This protozoal infection can result in neurological signs and emaciation, and the case fatality rate is high.”

Brant couldn't understand why the other four horses tested negative and Belle Gambe did not or why the filly showed no signs of being sick. He began to look into the situation and found that false positives for the disease being flagged by the USDA were not uncommon. In a 2020 article posted on the website Eurodressage.com that covered false positives for Dourine and other diseases, the author wrote: “Importing horses into the U.S.A. had become a nightmare for some horse owners whose horses produced 'false positive' blood tests in the quarantine process.”

“The USDA doesn't allow for interpretation anymore because the old guard is gone and been replaced with just bureaucrats who don't understand the testing and won't, and can't, interpret,” Dr. Scarlette Gotwals told the website. “The USDA used to have veterinarians in charge of field operations who would review an individual situation and make an interpretation. Now, no one will do anything outside of a rule book.”

Brant and his attorney Chapman Hopkins were convinced that Belle Gambe was the latest horse that the USDA had incorrectly flagged as positive and that its rules and testing methods were archaic.

“I have, unfortunately, had to handle dozens of international equine import cases involving false positives over the last decade,” Hopkins said. “The disappointment and outrage felt by Mr. Brant is entirely reasonable and understandable. As I shared with Mr. Brant yesterday, what they are experiencing is the unfortunate result of the USDA's imperfect testing methodologies and quarantine procedures.”

The disease is transmitted almost exclusively during breeding, obviously not a factor with a 2-year-old unraced filly.

“You have to understand this is not my area of expertise, but when Peter called me I consulted with a bunch of people to get some background information,” said Dr. Larry Bramlage. “This is a terrible and unfortunate set of circumstances. Dourine doesn't even exist in Ireland or in the U.S. It's only submitted by sexual contact and she's just a 2-year-old. None of this makes any practical sense. But it's one of those things where it's difficult to circumvent what's written down as the regulations that they have to follow.”

Brant considered his options. One was to ship the horse back to Ireland and have her race there rather than for trainer Chad Brown in the U.S. But he decided to let things take their course. That just led to more headaches.

On the advice of the medical and reproductive team at Rood and Riddle, Brant asked the USDA to treat the filly with a drug called Marquis, which treats protozoal myelitis, to wipe out any random protozoa which could be cause the false positive for Dourine..

“We wanted to have her treated with Marquis but the USDA just plain rejected it,” Brant said.

It was a pattern he would grow familiar with. He said the USDA was, from the start, uncooperative and uncommunicative.

“I have been dealing with them by email but get no response,” he said. “My lawyer has tried talking to them and so has Mersant. They can't get anything out of them. There's been no discussion. There is no flexibility and they just won't use common sense.”

Fourteen days after Belle Gambe tested positive, another test was taken. In the initial test, the filly was positive for Dourine at a dilution of 3+1:10. In the subsequent test, the level had gone down to a dilution of 1+1:10. While that was a step in the right direction, it was not enough to release her from quarantine.

Meanwhile, Brant was growing increasingly concerned about the impact of quarantine on a young horse at a time when they need to be exercised to foster their growth and development.

“I'm of the school of thought that the training period between Sept. and Oct. through the following spring is extremely important for a young horse, whether they run as a 2-year-old or they don't,” Brant said. “It's a very important factor. It's important to get a horse like this into training as soon as possible. She been quarantined for nearly a month and that's damaging to this horse. There are enough hurdles in this game for owner to go through as it is. This is just not unacceptable.”

Perhaps, the worst might soon be almost over. The filly is scheduled for another test on Feb. 10, with the results due on the 12th. If she tests negative the quarantine will be lifted and she can resume training toward her racing debut.

“I hope she tests negative,” Bramlage said. “Everything indicates that she should.”

Brant is prepared for the worst. If she tests positive again, the only two options left are that she will have to return to Ireland or be put down within five days. Just in case, Brant has already reserved a spot on a flight back to Ireland.

“I am not optimistic,” he said. “I am not optimistic at all. There's no rhyme or reason as to why this has happened. The test is faulty and that's all there is to it.”

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