New York State Gaming Commission: Paulick Commentary On Lack Of Medication Positives At NYRA Tracks Purposefully Misleading

The following letter was submitted by Robert Williams, executive director of the New York State Gaming Commission.

I am writing in response to your October 18, 2021 column “View from The Eighth Pole: Of Rulings and Squeaky Clean Racing.” I feel the obligation to object to your sarcastic characterization, which creates a purposefully inaccurate picture of the efficacy of drug testing in New York.

You wrote that you could “only find one ruling for a medication violation in all of 2021 at New York Racing Association tracks … [and] zero positive tests in the New York State Gaming Commission rulings database in 2020 and zero positives in 2019 for NYRA tracks.” See https://www.paulickreport.com/news/ray-s-paddock/view-from-the-eighth- pole-of-rulings-and-squeaky-clean-racing/.

Limiting your data examination to such a narrow band suggests an intention to cast aspersions on the efficacy of the New York drug testing.

First, your analysis suggests New York does not have race day drug positives. If you banded your data over a more useful period – 10 years – you would have found 541 race day positives at all New York tracks. Second, examining only race day positives at New York Racing Association (NYRA) tracks (Aqueduct Racetrack, Belmont Park and Saratoga Race Course) during such 10-year look-back, you would have identified over 100 drug positives. Third, intentionally limiting your data set to NYRA racetracks enables you to purposefully ignore the seven Standardbred and other Thoroughbred racetracks in operation. The arithmetic illustrates over the last 10 years there have been over 160 race day positives at New York Thoroughbred tracks and over 370 race day positives at New York Standardbred tracks.

It is obvious to the most casual reader your intention was to mislead people in believing there has been one race day drug positive in two years. Your narrative disregards readily available data, misleading readers into believing that the New York Equine Drug Testing and Research Program (Laboratory) is either inept or negligent in its responsibilities.

I take great offense at your gratuitous shot at Laboratory director George Maylin, DVM, PhD. Even the most casual follower of equine drug testing is aware that Dr. Maylin developed many of the forensic equine drug testing techniques used worldwide. He has performed groundbreaking work in determining the presence of drugs that may affect the performance of equine athletes, including recently developing screening tests for:

  • • IOX-2, a new class of drugs that increases the body's own erythropoietin gene to produce more red blood cells. It accomplishes the same response as the administration of erythropoietin, or EPO. It is a performance enhancing drug and a gene doper.
  • • Clenpenterol, a beta-2 agonist with pharmacologic properties like clenbuterol which is not approved for use in horses.
  • • AH 7921, an experimental synthetic opioid with pharmacologic properties similar to morphine-like drugs, which is not approved in the United States for use in horses or humans.
  • • Kratom (mitragyna speciosa), a natural plant that contains the psychoactive alkaloid mitragynine that has opium-like analgesic effects and coca-like stimulant effects.
  • • Yellow Rocket (barbarea vulgaris), a plant that contains the alkaloid barbarin, which is used to metabolize bararin to aminorex, a central nervous system stimulant.
  • • Glaucine, an alkaloid with anti-inflammatory, antitussive, bronchodilator and central nervous system effects.

All of these research discoveries have been shared with other drug testing laboratories around the world and have been widely reported by the racing press.

While I am certain you are aware the Laboratory is one of only nine in the United States that have been fully-accredited by the Racing Medication & Testing Consortium (RMTC), you may not be aware what is necessary to obtain and maintain certification. The accreditation process begins with a document review of the laboratory's processes by an independent auditor with specific experience in horse racing laboratory operations. Once the documentation is reviewed, the laboratory must also submit to a multi-day site inspection by another independent assessor. As part of the accreditation requirements, laboratories are required to participate in an external quality assurance program that determines if laboratories have the capabilities required to detect substances of concern at the concentrations that are mandated by the RMTC model rule recommendations. All participating laboratories must also be ISO 17025-accredited to even apply.

To maintain RMTC accreditation, a laboratory must maintain its ISO 17025-accreditation and annually pass RMTC proficiency sample testing. Additionally, the Horseracing Testing Laboratory Committee of the RMTC also conducts a review of the Laboratory's funded research and internal laboratory development. This calendar year the HTLC found the Laboratory in good standing. In fact, since granting the New York Drug Testing and Research Program has remained in good standing for all its accreditations.

Your column also casts aspersions on Dr. Maylin's credibility, positing that the lack of recent positives at NYRA racetracks might be due to his using different criteria than laboratories in other racing states. You further state that “Maybe the [New York Laboratory] isn't very good.”

A quick look at the annual numbers finds race day positives in 2020 – a VERY anomalous year given the 40 percent reduction in racing dates conducted – for clenbuterol, flunixin, guaifenesin, methocarbamol, methylprednisolone, and phenylbutazone. In 2019 there were positives for adrenochrome monosemicarbazone, clenbuterol, clenpenterol, dexamethasone, flumethasone, flunixin, furosemide, guaifenesin, IOX-2, isoflupredone, methocarbamol, methylprednisolone, phenylbutazone, phenytoin, and propantheline.

Your commentary failed to note any of the above, I guess because it didn't fit your narrative about the lack of medication violations.

New York has been successful in identifying and punishing those who seek to cheat, but we understand that those with the propensity to use unlawful or illegal drugs persist. We appreciate the dedication and diligence of Dr. Maylin and the dozens of employees of the New York Equine Drug Testing and Research Program who are committed to ensuring the integrity of horse racing and protecting equine athletes participating in the sport.

Unfortunately, the Paulick Report prevents reader comments which limits our ability to directly shed light on your misstatements. I am hopeful, however, that this letter gets widespread attention so people can better understand your bias.

(Response from Ray Paulick: The Oct. 19 commentary accurately stated that only one drug positive has been prosecuted at New York Racing Association tracks in 2019, 2020 and 2021. I stand by the article as written.)

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Testing On Medina Spirit’s Urine Sample Ready To Proceed In New York

Extra testing on Medina Spirit's post-Kentucky Derby urine sample will begin next week, according to bloodhorse.com. Dr. George Maylin, director of the New York Equine Drug Testing and Research Laboratory, has now received the relevant drug metabolite reference standards from Frontier BioPharm. Testing of the sample is expected to take approximately two weeks.

The Protonico colt's Derby win is in jeopardy due to a positive post-race test result for betamethasone, a therapeutic medication that is not allowed on race day. Trainer Bob Baffert and his attorney have claimed the positive is a result of a topical cream (Otomax) used to treat a case of dermatitis on the colt's hindquarters. Though the Kentucky Horse Racing Commission has not yet held a hearing, required to disqualify Medina Spirit.

Counsel for Medina Spirit's trainer Bob Baffert and owner Zedan Stables, Craig Robertson, filed a civil suit against the Kentucky Horse Racing Commission on June 7 demanding their right to test the split urine sample, which sat undisturbed in the commission's freezer. Remnants of the original biologic samples were initially sent to be tested for those ingredients, but they were reportedly damaged before arrival at the plaintiffs' choice of labs, the New York Equine Drug Testing and Research Laboratory.

Franklin County Circuit Court Judge Thomas Wingate ordered June 16 that the remaining urine sample be flown to the New York lab, that two KHRC representatives travel with the sample, and that plaintiffs fund the flight. Upon arrival, the KHRC was to retain 5 milliliters of the sample, while the remainder was to be tested for clotrimazole, gentamicin, and betamethasone valerate, active ingredients in the topical cream Otomax.

On July 14, the sample was flown to New York accompanied by Dr. Clara Fenger and Tom Huckeby, representing Baffert and Medina Spirit's owner, Amr Zedan, as well as by KHRC executive director Marc Guilfoil and equine medical director Dr. Bruce Howard.

On Aug. 9 in Judge Wingate's courtroom, the Kentucky Horse Racing Commission's general counsel Jennifer Wolsing explained: “My understanding is that an affirmative defense is being mounted by the plaintiffs, to the extent that there may be some evidence as to how this substance (betamethasone) was introduced to the horse.

“We can't have a stewards hearing until those testing results have come back, because that appears to form the basis of the defense the plaintiffs want to mount. We would really like those results so that we can press forward with a stewards hearing and find out more about this case.”

When that hearing occurs, Medina Spirit could be disqualified and Baffert could be fined and/or suspended by the KHRC. A suspension would be reciprocated across other racing jurisdictions.

Since his run in the Kentucky Derby, Medina Spirit has run four times. He finished third in the Preakness, then won the Shared Belief Stakes and G1 Awesome Again, and finished second in the G1 Breeders' Cup Classic.

Read more at bloodhorse.com.

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View From The Eighth Pole: Of Rulings And Squeaky Clean Racing

We get questions all the time from readers about rumored drug positives or possible suspensions of trainers. It's seldom easy tracking down official rulings since there is no single, all-encompassing resource that provides timely, up-to-date information on such things.

In another era, Daily Racing Form was the go-to publication for stewards and commission rulings. The Form had a chart-calling crew at every racetrack in the country and forwarded copies of all official rulings to DRF offices. The rulings were published alongside entries and race results, sometimes almost as fillers, in editorial or statistical sections of the Form. If you wanted to find out who got caught smoking in the shedrow, parking illegally in the stable area or was fined or suspended for a post-race positive test, America's Turf Authority had 'em all.

Now it's not so easy.

The Jockey Club operates a website, ThoroughbredRulings.com, where you can search for regulatory rulings by trainer name, track or regulatory authority. But the information published there is not always complete or timely.

The Association of Racing Commissioners International keeps a regularly refreshed page of recent rulings – not just for Thoroughbred racing but also Quarter Horse and Standardbred – but it's also not entirely up to date or comprehensive and there is no search function to find rulings that may be more than a few weeks or months old. The ARCI does have a more comprehensive website for its members to access but it is not available to the general public (or media).

Individual racing commissions or government bureaus post rulings on their websites with varying degrees of efficiency and functionality. Some, like the New York State Gaming Commission or California Horse Racing Board web pages, are maintained regularly and have useful search functions. Others, like the Maryland or Indiana racing commissions, have outdated or incomplete information.

This is something that the Horseracing Integrity and Safety Authority can put on its “to do” list, though not sure where that project will rank by priority.

Squeaky Clean Racing In New York
In searching the New York State Gaming Commission website recently, I could only find one ruling for a medication violation in all of 2021 at New York Racing Association tracks – a phenylbutazone positive for Jeffrey Englehart-trained Runningwscissors after a third-place finish in a stakes at Aqueduct on Jan. 9. The ruling states that Runningwscissors was disqualified from any part of the purse money (though Equibase still credits the horse with a third-place finish and the purse money). Englehart served a 10-day suspension and was fined $1,000.

I could find zero positive tests in the New York State Gaming Commission rulings database in 2020 and zero positives in 2019 for NYRA tracks. Zero. That's one positive for the last three years at NYRA tracks.

By comparison, in 2019, the Kentucky Horse Racing Commission reported 37 medication related rulings. California had 99. Pennsylvania 80. Florida 55. West Virginia 57. Ohio 24.

Perhaps New York's testing laboratory at Morrisville State College, under the direction of Dr. George Maylin, is using different criteria for calling positive tests than laboratories testing for other racing states. Maybe the Morrisville lab isn't very good. Or maybe, just maybe, racing in New York is cleaner than anywhere else in the country.

While I don't know about the criteria used by Maylin to call positives, the idea that his lab is not very good is foolhardy. Maylin was the head of drug testing at Cornell University going back to the early 1970s until moving his test tubes and lab kits to Morrisville State College in 2010. That's nearly 50 years of being the kingpin for drug testing of New York racing, bridging Oscar Barrera to Jorge Navarro and Jason Servis.

The only conclusion I can come up with for the absence of medication violations in New York is that there aren't any. Not only is there no cheating going on, but horsemen there don't make the kinds of mistakes they occasionally do in other jurisdictions or have contamination issues from poppy seed bagels and grooms urinating in stalls. It must be the cleanest racing in the U.S.

Well done, New York racing. Well done.

That's my view from the eighth pole.

 

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Kentucky Judge Anxious To Remand Medina Spirit Case To Board Of Stewards

Monday morning in Franklin County Circuit Court saw attorneys for embattled trainer Bob Baffert and the Kentucky Horse Racing Commission back in front of Judge Thomas Wingate, in response to the KHRC's July 20 request that the judge compel Baffert's attorneys to reveal the results of additional testing on Medina Spirit's post-race urine sample.

The case is based on the finding of betamethasone in a post-race sample of Medina Spirit, collected immediately after the colt crossed the wire first in the Kentucky Derby.

“My understanding is that an affirmative defense is being mounted by the plaintiffs, to the extent that there may be some evidence as to how this substance (betamethasone) was introduced to the horse,” said Jennifer Wolsing, general counsel for the KHRC. “If this turns out to be a viable affirmative defense, and of course right now the Kentucky Horse Racing Commission takes no position one way or another on that issue, that if it is, then the racing commission may want to do additional testing.

“Regrettably, we're still waiting on the testing results. We can't have a stewards hearing until those testing results have come back, because that appears to form the basis of the defense the plaintiffs want to mount. We would really like those results so that we can press forward with a stewards hearing and find out more about this case.”

Counsel for Medina Spirit's trainer Bob Baffert and owner Zedan Stables, Craig Robertson, filed a civil suit against the Kentucky Horse Racing Commission on June 7 demanding their right to test the split urine sample, which sat undisturbed in the commission's freezer. Remnants of the original biologic samples were initially sent to be tested for those ingredients, but they were reportedly damaged before arrival at the plaintiffs' choice of labs, the New York Equine Drug Testing and Research Laboratory.

Judge Wingate ordered June 16 that the remaining urine sample be flown to the New York lab, that two KHRC representatives travel with the sample, and that plaintiffs fund the flight. Upon arrival, the KHRC was to retain 5 milliliters of the sample, while the remainder was to be tested for clotrimazole, gentamicin, and betamethasone valerate.

On July 14, the sample was flown to New York accompanied by Dr. Clara Fenger and Tom Huckeby, representing Baffert and Medina Spirit's owner, Amr Zedan, as well as by KHRC executive director Marc Guilfoil and equine medical director Dr. Bruce Howard.

A July 19 filing by the KHRC alleges that the urine sample was split into four milliliter and 19 milliliter segments, with the New York lab to retain the larger segment for testing. Program director Dr. George Maylin attempted to then retain the remnants of the original urine sample, which was purportedly contaminated during shipment. Maylin claimed he was unaware that the court order required those remnants be turned over to the KHRC.

When the remnants of the original sample were turned over to KHRC representatives, the filing alleges that the urine tube contained only one to two milliliters of “bloody fluid,” a broken serum separator tube, and another tube with serum that had been saved — all presented at room temperature instead of frozen. Guilfoil and Howard report that Maylin said most of the sample had been used up in testing, but would not indicate what testing was performed.

On Monday, after initial confusion over which urine sample the KHRC's motion was referring to, Wolsing represented that the commission was concerned about why the original sample had been tested when it had clearly been contaminated.

“As far as what we're asking for, we did want transparency in these test results, and we'd also like to know why the court order was violated, despite Dr. Maylin's statement to the contrary,” Wolsing said.

“Mr. Robertson says that they (KHRC representatives) took the primary sample back (to Kentucky) with them,” said Judge Wingate.

“We took back what hadn't been tested up by the New York laboratory,” Wolsing clarified. “That was a shock to us. I mean, if this primary sample is so compromised, then what in the world are they testing for?”

Robertson took over the microphone to explain.

“The primary (sample) arrived in New York in a compromised condition,” Robertson said. “New York was under instruction to test that sample, and it arrives in a compromised condition. The Kentucky Horse Racing Commission doesn't advise us that it arrives in a compromised condition until five days later. We immediately then begin the process of, 'Well, let's get the pristine split sample to New York for testing.' That took three weeks because they fought us on that. It took three weeks before there was an order entered that said, 'Test the pristine split sample.'

“During that three weeks, of course the New York laboratory has the primary sample under instructions to test it. Now I don't know what testing they did or didn't do, because I have intentionally not had any communication with them about that. But it certainly is plausible that during those three weeks, they performed some sort of testing on the compromised sample, because they were under instructions to do it, and they had no idea that they would subsequently get an additional sample. Regardless of whatever they've done on the primary sample, and the subsequent split sample, all of those results need to be disclosed to both parties at the same time.”

Following that explanation, Judge Wingate quipped: “The main thing is we need to get those results so I can remand this to the Kentucky Horse Racing Commission, and you all can fight like cats and dogs down there over whether he's the Derby horse, and what needs to happen to Mr. Baffert.”

Judge Wingate did not issue an official order, but said he would do so if the lab was unwilling to provide the test results or a date on which they would be delivered to both parties.

“You're in the driver's seat (referring to KHRC counsel), because you've already got a report that says the steroid was in the horse, and you all just need to go and do your stewards hearings is what I believe, and go from there and see what kind of penalties that the Horse Racing Commission levies on this horse and trainer,” Judge Wingate said.

And so we wait.

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