Tag: Disqualification

Owner To Appeal Great White Way Stakes DQ

Following the controversial disqualification of Brick Ambush (Laoban), who crossed the wire second in Saturday's $500,000 Great White Way division of the New York Stallion Series at Aqueduct, owner Dean Reeves said he will appeal the decision of the stewards.

In a roughly run race, there was an incident at the quarter-pole where Big Torpedo (Big Brown) and Solo's Fury (Solomini) both checked sharply. Big Torpedo finished fourth and Solo's Fury was last of 12. A strong case can be made that Antonio of Venice (Laoban), the race winner with Manny Franco aboard, came off the rail and started a chain reaction that caused the other two horses to steady. When the incident took place, Brick Ambush sat five wide and outside of the horses who were bothered. He never came in contact with another horse, changed paths or did anything else that would seem to warrant a disqualification.

Another possibility is that the stewards mistook Brick Ambush for the 11 horse, Solo's Fury, who does appear to come over and bother horses at the quarter pole, while Brick Ambush appears to be clear of the trouble at that point. Both jockeys were wearing white and green silks with green caps and were next to one another.

Second-place money in the Great White Way is $100,000. Brick Ambush was placed last.

“We are going to appeal it because I'm not really sure what happened,” Reeves said. “We were never involved in the conversation. It's been amazing, the number of people who have reached out or are making comments, people saying that's the worst thing they've ever seen in 40 years of watching races. I feel like I got robbed, like I got mugged. We have to appeal this. I want to see how they came to their conclusion that we had anything to do with it. I watched the slow motion and had it stop and start. I have some questions for them.”

Reeves said he did not even realize that his horse had been taken down until getting a call from his trainer, Danny Gargan. He then called the stewards, asking for an explanation

“I called to talk to the stewards,” he said. “I wanted to ask them why they took my horse down. I called three times. They hung up on me the first two times. The third time they said call us tomorrow morning. Needless to say, I was pretty upset.”

The Daily Racing Form's David Grening asked New York Gaming Commission steward Braulio Baeza Jr. to comment on the reason for the disqualification and was told “the outside horse [Brick Ambush] caused the pressure.” Grening wrote that the stewards declined to comment further.

According to reporting in the Daily Racing Form, a second owner has filed an appeal objecting to the stewards' decisions. Thomas Albrecht, the managing partner of the group that owns Big Torpedo, has filed an appeal of the stewards decision not to disqualify Antonio of Venice from first place.

A stewards' inquiry was posted shortly after the horses crossed the wire. Javier Castellano, who rode Big Torpedo told reporters that he claimed foul, but the stewards said that foul claim was never relayed to them. It took the stewards about 10 minutes to review the inquiry, but even after they reached their decision there was more cause for confusion. For about a minute after the inquiry sign was removed, the order of finish still read 1-12-3-7, which was the order the horses crossed the finish line. The numbers were then changed to 1-3-7-6 and the race was declared official.

The NYRA website features a “Stewards' Decision” page in which the stewards provide an explanation of what happened and the reason for their decision following an inquiry or an objection. For the Great White Way, here is what they wrote: “Steward's inquiry. At the 1/4 pole #12 Brick Ambush (Junior Alvarado) came in, causing a chain reaction. The #11 Solo's Fury (Jose Lezcano) pushes down into the #7 The Big Torpedo (Javier Castellano). After reviewing the video and speaking with the riders, the stewards disqualified the #12 Brick Ambush for interference and place him behind the #11 Solo's Fury. Official order of finish: 1-3-7-6.”

On Sunday evening, Junior Alvarado, the rider of Brick Ambush, was given a three-day suspension by the stewards.

The disqualification caused a firestorm on X, with the vast majority questioning the stewards call, which seemed so obviously wrong.

Among those who took to X was Mike Repole, who wrote, “yesterday's ninth race was one of the worst stewards' calls I have ever seen. This is a public video, evidence of the (New York) stewards' incompetence. This hurts gamblers, fans, and the integrity of the sport. The owners, trainers, jockeys, track employees, etc., have to deal with the incompetence of the (New York) stewards, that is not seen in public.”

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Caramel Swirl Wins Gallant Bloom S. After Double Disqualification

There was fast action and drama galore, and like all the best thrillers, it ended with a plot twist. Caramel Swirl (Union Rags) had been keeping good company in her last two starts, but by the end of a wild running of the GII Gallant Bloom S., her losing streak would be over via the double disqualification of Sterling Silver (Cupid) and Headland (Paynter), both of whom would be placed behind her.

Company doesn't come tougher than two Champions, and that is exactly who Caramel Swirl had to contend with last out in the GI Ballerina H.–won by MGISW Echo Zulu (Gun Runner), second was MGISW Goodnight Olive (Ghostzapper), and losing third by a nose to MGISW Matareya (Pioneerof the Nile)–and two back in the GII Bed O'Roses S., where she ran behind Goodnight Olive as well as the gritty MGSW & MGISP Wicked Halo (Gun Runner).

In her customary spot at the very back of the field after the jump, she settled into the trip from the rail and was called on by Junior Alvarado for a rally passing the five-sixteenths marker. Moved out for room in upper stretch as Headland was intent on making the race from the rail, she was closing fast into the final furlong but had all moment stopped when Sterling Silver and Headland closed her gap outside the sixteenth pole. Doing her best to find her feet in the closing strides, she picked up the unofficial third place spot as Sterling Silver crossed the line first with Headland coming in behind her.

After a lengthy objection and stewards' inquiry involving the entire board, the winner and the runner-up were both disqualified for interference in separate events. The official order of finish was then Caramel Swirl, Sterling Silver, and Headland to third.

“She was there for me and she was fighting. I thought I had the horse to hold my spot and protect myself right there. She ran great,” said Alvarado afterwards.

Of what happened during the running, he added: “I had a horse outside of me coming from the seven path [Sterling Silver] and I didn't mind because I knew they would try to squeeze me a little there. It's a big race and you have to defend your race. But they both [Sterling Silver and Headland] got right in front of me. I clipped heels with the horse to the inside [Headland], then when I got out of there, I was [shut off] by the horse outside of me [Sterling Silver]. That takes it to a different level. Now, I'm in a terrible spot where I almost went down. I'm just glad everybody got back safe, and I think it was the right decision.”

When asked about a potential start in the GI Breeders' Cup Filly and Mare Sprint, Michael Banahan, director of bloodstock for Godolphin, reported that while Caramel Swirl had run against some of the expected competitors in the field before, the plan was for Matareya to go to the race as well. “We'll get [Caramel Swirl] back and see how she is and go from there. Two is better than one, so we'll see what we can do.”

Pedigree Note

Out of a half-sister to MGISW Frosted (Tapit) and GSW Indulgent (Bernardini), Caramel Swirl is another successful homebred for the venerable Godolphin operation. Hailing from a female line filled with track and breeding successes such as champion 2-year-old colt, MGISW Midshipman; GSW Elsa (Animal Kingdom); MGISP Gouverneur Morris (Constitution) and a fleet of Group winners in Australia, the victress is the most successful runner for dam Caramel Snap. The mare has produced a 2-year-old Decatur Street (Street Sense) and a yearling full-brother to Caramel Swirl who had been exported to Japan last year. She went to Not This Time for 2024.

Sunday, Belmont The Big A
GALLANT BLOOM S.-GII, $250,000, Belmont The Big A, 10-1, 3yo/up, f/m, 6 1/2f, 1:16.18, ft.
1–CARAMEL SWIRL, 124, m, 5, by Union Rags
           1st Dam: Caramel Snap, by Smart Strike
           2nd Dam: Fast Cookie, by Deputy Minister
           3rd Dam: Fleet Lady, by Avenue of Flags
O/B-Godolphin (KY); T-William I. Mott; J-Junior Alvarado. $137,500. Lifetime Record: GISP, 16-6-4-3, $779,950. Click for the free Equineline.com catalogue-style pedigree.
2–Sterling Silver, 122, f, 4, Cupid–Sheet Humor, by Distorted Humor. ($13,000 Ylg '20 FTKSEL). O-Mark T. Anderson; B-Mallory & Karen Mort (NY); T-Thomas Albertrani. $50,000.
3–Headland, 122, m, 7, Paynter–Miss Sheltowee, by Najran.1ST GRADED BLACK TYPE. ($17,000 Wlg '16 KEENOV; $25,000 Ylg '17 OBSWIN; $50,000 2yo '18 OBSAPR). O-Thomas and Daryn A. Brockley; B-Sheltowee Farm & WinStar Farm, LLC (KY); T-George Weaver. $30,000.
Margins: 1, 4, HF. Odds: 0.95, 6.30, 18.60.
Also Ran: Beguine, Undervalued Asset, Remain Anonymous.
Click for the Equibase.com chart and the TJCIS.com PPs. VIDEO, sponsored by FanDuel TV.

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Hearing Officer Affirms Medina Spirit Derby DQ And Baffert Penalties

The hearing officer assigned to oversee trainer Bob Baffert and owner Zedan Racing Stables' appeal of penalties related to the drug disqualification of 2021 GI Kentucky Derby winner Medina Spirit (Protonico) has issued a recommended order to the Kentucky Horse Racing Commission (KHRC) that the underlying stewards' rulings be affirmed in their entirety.

The 47-page report was made public via press release by the Kentucky Public Protection Cabinet early on the Friday evening of the long Memorial Day holiday weekend. Its issuance comes 765 days after Medina Spirit crossed the finish wire first in the 147th Derby but subsequently tested positive for betamethasone in a KHRC post-race drug screening.

The recommendation, which must be considered and voted upon by the full KHRC board at a later date, upholds Medina Spirit's DQ, a 90-day suspension that Baffert has already served but wanted expunged from his record, and a $7,500 fine imposed upon the Hall-of-Fame trainer. Acceptance of the report's findings by the KHRC would affirm Mandaloun (Into Mischief) as the official winner of the 2021 Derby.

“The Hearing Officer finds and concludes that the KHRC has shown that the stewards' decision was made on reliable, substantive evidence that the horse, Medina Spirit, was administered and carried the prohibited substance, betamethasone,” hearing officer Eden Stephens wrote.

“The plain language of the KHRC's betamethasone regulations is clear: betamethasone is prohibited in a post-race sample,” Stephens wrote.

The debate over whether or not Medina Spirit's betamethasone finding was the result of an injection or the application of an ointment to treat a skin condition had been a focal point of testimony during six days of appeal hearings in August 2022.

“Parties agree the KHRC has the burden of proof but differ framing the question of what needs to be proven,” Stephens wrote. “KHRC argues it must establish a prima facie case that Medina Spirit [tested positive for a prohibited drug]. Appellants believe this case is solely premised on whether the use of a topical ointment, Otomax, for a clinically diagnosed skin infection on a racehorse, constitutes a violation of any clearly expressed and unambiguous rule…” Stephens wrote.

“At the running of the 147th Kentucky Derby on May 1, 2021, no KHRC regulation set forth an 'established concentration level' under which betamethasone is allowed in a post-race sample. Therefore, a laboratory finding of betamethasone in a post-race sample establishes a prima facie case that a trainer violated the KHRC's medication regulations,” Stephens wrote.

“Appellants contend that 810 KAR 8:010 Section 4 permits the administration of betamethasone ointment; therefore, a betamethasone positive arising due to an ointment administration is not a violation. This interpretation improperly conflates the KHRC's regulations governing medication administration with the regulations governing medication levels in post-race samples,” Stephens wrote.

“The KHRC's regulations do not state that any route of administration excuses a post-race betamethasone positive,” Stephens wrote.

“Additionally, the KHRC has a longstanding, uninterrupted history of treating all medications without thresholds as limit-of-detection medications and of finding that the administration route leading to a medication positive is irrelevant,” Stephens wrote.

“Betamethasone is a Class C drug. Its presence in a horse's post-race sample is prohibited by the KHRC, regardless of method of administration. Betamethasone has the potential to influence performance, as well as health and safety, in equine athletes,” Stephens wrote.

“Finally, the Stewards' Rulings in this case were restrained and reasonable. The stewards could have imposed a five-year suspension and $50,000 fine. Instead, they suspended Mr. Baffert for 90 days and fined him $7,500,” Stephens wrote.

The press release outlined the next steps in the process.

“Both parties can file exceptions to the recommended order should either party believe the hearing officer made an incorrect finding of fact or conclusion of law. The matter will then be referred to the KHRC to issue a Final Order,” the release stated.

“A Final Order may be appealed to Circuit Court within 30 days of issuance of the Final Order.  If no appeal is filed within 30 days, the case will end,” the release stated.

A Saturday morning voicemail message seeking comment from Baffert's attorney, Clark Brewster, did not yield a reply prior to deadline for this story.

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NYSGC Provides Forte Timeline

In response to comments from Forte's connections on a conference call last Thursday, May 11 accusing the New York State Gaming Commission of unprofessional handling of the Forte meloxicam overage in the Sept. 5, 2022 Hopeful Stakes, the commission's spokesman, Brad Maione, has issued a timeline of the eight months between the positive test and the stewards' hearing to discuss the results. At that hearing May 10, Forte was disqualified from the Hopeful Stakes win, Todd Pletcher was fined $1,000 and suspended for 10 days. The connections said they would appeal.

That timeline appears in its entirety here:

The RMTC split sample program was announced in 2017. At that time, the New York Thoroughbred Horsemen's Association notified its members, which includes Mr. Pletcher, of the program. As a courtesy, in the fall of 2022, the Gaming Commission worked with the trainer's counsel to help identify a RMTC-approved lab to test the split sample at issue. A list of such labs is readily available on the RMTC website.

Below is a timeline of communications between the Gaming Commission and the trainer's representative between the September 5, 2022 Hopeful Grade 1 Stakes at Saratoga Race Course and the May 10, 2023 “Stewards' Hearing:”

September 5, 2022: Saratoga Race Course: Hopeful Stakes G1; horse FORTE finished 1st; sample collected & shipped to New York Equine Drug Testing & Research Laboratory (Lab) in Ithaca, NY.

September 23, 2022: The Lab notified the Commission of a positive finding. The Commission immediately notified the State Steward, who then matched the sample's identifying numbers to the previously locked documentation of collected samples. An investigation began. The remaining dates and events are what led the “Steward's Hearing” on May 11, 2023.

September 29, 2022: The trainer's counsel was notified of the positive finding.

October 3, 2022: The trainer's counsel asked for the “laboratory finding” and “underlying data,” incorrectly claiming that providing such during an investigation has been “long standing practice.”

October 5, 2022: The Commission denied the trainer's counsel's request, noting: “a licensee being investigated for potential discipline is not entitled to evidence until such time as the Commission's adjudication rules require disclosure of the same. This position applies to any request for such disclosure, whether related to potential residual sample testing, or any other subject matter.”

October 7, 2022: The trainer's counsel protested and incorrectly reasoned that by not providing such findings at that time (before a ruling is even issued), there must have been a “change in that protocol.” The trainer's counsel then requested materials that led to this non-existent change in procedure.

October 11, 2022: The trainer's counsel complained via email that the copies of the aforementioned provided to her as a courtesy was inaccurate and that the labs they contacted were unable to conduct the requisite testing.

October 14, 2022: The trainer's counsel again complained about the aforementioned courtesy-provided lists of labs, falsely claiming that because the Commission would not permit disclosure of the Lab's report (NOTE: permitting as much during an investigation would be unprecedented), “We are unable to proceed with our election for split sample testing.”

November 16, 2022: Again, as a courtesy and convenience, the Commission sent the trainer's counsel an updated published list of lab options for split sample testing (downloaded from RMTC's website), and even pre-filled the split-sample request form. The Commission advised that, “As soon as the Commission is notified by the laboratory that you select, indicating that they have received your requests and the fee for performing the tests, we will ship the blood to that laboratory for analysis.”

November 23, 2022: Texas A&M's laboratory agrees to conduct the split-sample testing.

December 8-16, 2022: the Commission coordinates the trainer's payment of and shipment of the split sample to be tested at the Texas A&M Lab:

December 21, 2022: Texas A&M receives the sample for split-sample testing

January 28, 2023: Texas A&M confirms finding in split sample to the Commission, which then informs State Steward of the confirmation.

February 3, 2023: Test results of split-sample are sent to trainer's counsel and Commission.

February 22, 2023: State Steward advises trainer's counsel of March 2, 2023 Steward's Hearing, stating: “Please let your client know he can be available by phone.”

The trainer's counsel informed the State Steward that March 2 was not possible due to a prior scheduled obligation and that they expect to attend in person.

February 23, 2023: The State Steward offered March 22, 23, or 29 as possibilities for the “Stewards Hearing.”

March 1, 2023: The trainer's counsel asked for the “Stewards Hearing” to take place on March 23.

March 8, 2023: The State Steward clarified the purpose of the “Stewards' Hearing,” as:

“…not an adjudicatory proceeding … but …a meeting to provide your client, a licensee, with an opportunity to be heard before I consider potential regulatory action. …  a licensee may have counsel … to provide counsel/advice to the licensee. As the meeting's purpose is to provide a licensee with an opportunity to be heard, however, a licensee's counsel is otherwise only able to attend the meeting as an observer, and is not able to ask the stewards questions or to elicit any type of testimony or evidence… If some sanction of the licensee results, there would be a later opportunity for the licensee to request a de novo adjudicatory hearing, at which time the types of hearing procedures you suggest may be available pursuant to SAPA and Commission regulations.”

Despite this and prior explanations, the trainer's counsel again requested “hearing 'guidelines,'” the New York Lab test results, a confirmation of certain of witnesses and more records with an artificial one-day deadline of March 9, stating: “if it is not met, we will have to adjourn without date.”

March 13, 2023: The trainer's counsel and the owner of the horse proposed an inappropriate “conference in advance of the March 23 “Stewards Hearing,” stating that the horse's owner “believes this discussion of preliminaries will be in all parties' interest as well as in the best interest of the sport.”

Further complicating the scheduling of an already-postponed “Stewards' Hearing,” the Trainer's counsel represented that the owner “might find that his formal appearance is mandatory to ensure the integrity of the sport and that the process is conducted in a fair manner.”

March 14, 2023: The Commission Steward responded to the trainer's counsel, reiterating that the “Steward's Hearing will move forward as previously described to provide Mr. Pletcher an opportunity to be heard. As it is an opportunity for a licensee to provide the stewards with any additional information or evidence that the licensee wants the stewards to consider prior to my implementing a decision as the State Steward, Mr. Pletcher may present witnesses to provide such additional information at that time.”

March 16, 2023: The trainer's counsel responded with a list of 17 witnesses – in addition to the trainer – they wished to speak at the “Stewards' Hearing” and asked for a confirmation by end of the day.

March 18, 2023: The Commission responded to the trainer's counsel:

“…the Stewards Hearing is an opportunity for Mr. Pletcher to be heard. If Mr. Pletcher wants to present witnesses (to appear and provide information voluntarily), he may do so.”

March 20, 2023: The trainer's counsel responded to Commission:

“…While we appreciate the ability to present witnesses, your failure of a timely response leaves us with insufficient time to contact and prepare our witnesses.  …Consequently, we are respectfully postponing the Thursday Hearing.  Once we have reached out to everyone and secured time on their schedules, I will get back to you with dates.

March 22, 2023: The Commission Steward grants another the postponement of the “Stewards' Hearing” and offers March 30, April 12, April 19, May 3, or May 10, noting:

“… if the Stewards Hearing does not take place on or before May 10, 2023, no further dates will be offered, and Mr. Pletcher will be deemed to have declined the opportunity.”

March 23, 2023: The trainer's counsel selects the May 10, 2023 date.

May 8, 2023: The trainer's counsel writes to the Commission Steward:

“An unforeseen circumstance has caused Mr. Pletcher to remain in Kentucky and, thus, he is unable to be present on Wednesday for the 'Stewards Hearing.' Accordingly, he respectfully requests an adjournment without date at this time.”

The Commission Steward responds to the trainer's counsel:

“As you will recall, on March 22, 2023, I advised that if the Stewards Hearing does not take place on or before May 10, 2023, no further dates will be offered, and Mr. Pletcher will be deemed to have declined the opportunity. In light of your email of May 8, 2023, we offer that Mr. Pletcher may appear at the May 10, 2023, Stewards Hearing via videoconference, in order to take part in a Stewards Hearing. Please advise as soon as possible so that we may set up the videoconference. Otherwise, we will note that Mr. Pletcher has declined the opportunity to participate in a Stewards Hearing and proceed accordingly.”

May 9, 2023: The trainer's counsel writes to the Commission Steward:

“…we are at this very moment showcasing the entire racing Industry on a National stage. And in doing so, the subject of extraordinary and appropriate scrutiny (on that point, I have been contacted by a prominent reporter of a national New York publication who can not be called a friend of racing concerning the subject at hand). The misfortune of the tragedies at Churchill Downs will only be wrongfully amplified should the Board of Stewards proceed at this time. As such, we respectfully renew our request that tomorrow's Stewards Hearing be adjourned until after the completion of the Triple Crown — an action that is certainly in the best interests of our entire racing community. …Second, as is always the case, the health and welfare of the horse must come first and there will be no exception here. The “unforeseen circumstance” mentioned above is the scratching of the Kentucky Derby favorite Forte and then having him placed on Kentucky's veterinary list. This requires Mr. Pletcher's complete attention as he will be monitoring him on a daily basis. In full transparency, tomorrow morning Forte is scheduled for testing at which both Mr. Pletcher and his owner will be in attendance. Mr. Pletcher, therefore, is unable to participate, even remotely, in the Stewards Hearing at that same time. …Because of the urgency of this matter, we expect to hear back from you at your earliest convenience or no later that 8 AM tomorrow morning.”

The Commission Steward responds to trainer's counsel:

“…we have repeatedly have offered and will again offer that Mr. Pletcher may appear at the May 10, 2023 Stewards Hearing via videoconference, in order to take part in the Stewards Hearing. In light of his schedule in the morning, we are able to reschedule the Stewards Hearing for a later time tomorrow, at 1:00 p.m. Please advise as early as possible if Mr. Pletcher wants to proceed tomorrow, so we may set up the video conference. Otherwise, we will note that Mr. Pletcher has declined the opportunity to participate in a Stewards Hearing and proceed accordingly.

5:33 p.m.: Forte's Owner to Commission Steward: “We both look forward to the hearing!!!!!”

May 10, 2023: The “Stewards Hearing” took place.

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