HOF Rider Jerry Bailey Talks Jim Dandy And More On Writers’ Room

It was a good week to have a Hall of Fame jockey on the TDN Writers' Room, presented by Keeneland, as the Green Group Guest of the Week and especially to have that jockey be Jerry Bailey, who knows a thing or two about analyzing a race for an audience. Bailey pulled no punches when asked about whether or not he felt Forte (Violence) should have been disqualified in the Jim Dandy Saturday at Saratoga.

“I thought it was a bad call,” said Bailey. “I thought he was the best horse in the race, but I thought he should have come down. The rules of racing state that even if you are not clear of somebody and you change paths and you interfere with their progress, which you clearly did, then you should be disqualified. I mean, if you look at the chart, even the chart says he forced his way out. I'm paraphrasing here, `repeatedly bumping with the outside horse.' And then he came back in and it was negligent. So, yeah, I thought he should have come down.”

Bailey said that the danger went beyond this one race. “Look, you want a safer product out on the track as you can possibly get for both horse and rider. And I'll tell you from experience, I went through it myself. I won't name the riders, but there were two or three in New York that the stewards let get carried away and go over the line repeatedly, and then the line gets farther and farther away and it gets more severe. And what happens is the riders take it into their own hands. If the stewards are not policing the riders and enforcing the rules, then the riders are left to police themselves. And that is not a good situation.”

Bailey also relived his exploits on Cigar, his Derby wins on Sea Hero and Grindstone, and told tales about his days in the jocks' room.

Elsewhere on the Writers' Room, also sponsored by Stonestreet, NYRA Bets, Lane's End Farm, XBTV, WinStar Farm, West Point Thoroughbreds, and the Pennsylvania Horse Breeders, Randy Moss, Zoe Cadman and T.D. Thornton discussed (what else?) the Jim Dandy non-DQ, and the other big races of the weekend, previewed the upcoming Test, Whitney, and Saratoga Derby at Saratoga as well as the Clement L. Hirsch at Del Mar, and discussed the top news stories. Those included Jason Servis's four-year prison sentence, Santa Anita's decisions on improvement expenditures in light of the closing of Golden Gate, and HISA's policy change on provisional suspensions.

To watch the Writers' Room, click here. To view the show as a podcast, click here.

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Three Lingering NY Drug Positives as Testing Transfers to HISA

On the day that Thoroughbred drug testing nationwide got transferred to the control of the Horse Racing Integrity and Safety Act (HISA) Authority, Robert Williams, the executive director for the New York State Gaming Commission (NYSGC), disclosed during that board's monthly meeting that three outstanding Thoroughbred drug positives remain unadjudicated by the commission and are still lingering at various stages in the regulatory process.

That disclosure is not only timely because of the HISA Authority's May 22 implementation of the Anti-Doping and Medication Control program. Monday's news of the three additional unadjudicated tests was important because those unresolved cases were made public nearly two weeks after a brouhaha erupted about 2-year-old champion Forte (Violence) having failed a post-win NYSGC drug test at Saratoga Race Course on Sept. 5, 2022.

The finding of meloxicam, a non-steroidal anti-inflammatory drug, in Forte's system wasn't the entirety of that controversy. A more concerning aspect of the issue was that Forte's positive was kept from the public for more than nine months, and wasn't revealed until May 9, 2023, when the New York Times first broke the story, citing as sources “two people who are familiar with the matter but are not authorized to speak about it.”

On May 11, the NYSGC formally announced Forte's disqualification from the Hopeful while imposing fine of $1,000 and 10-day suspension upon trainer Todd Pletcher. Those penalties have been appealed, and both the NYSGC and Pletcher's legal team have bickered back and forth, with each side publicly blaming the other for causing extended delays in the process that involved split sample testing and the scheduling of a stewards' hearing.

Williams described the three other currently unadjudicated drug tests as being in the pipeline “at either qualified, accredited, independent laboratories or awaiting determination through a meeting of the stewards.”

Commissioner John Crotty asked Williams, “Do you have a timeline on resolving them?”

Williams was quick to answer: “I don't know the specifics of any of those cases,” he said.

Crotty responded, “Okay…” before NYSGC chairman Brian O'Dwyer interjected.

“I suspect, Mr. Crotty, given the situation, that we will be very, very diligent in terms of making sure that those things are adjudicated much more promptly,” said O'Dwyer, ending that discussion.

Williams noted that the outstanding Thoroughbred drug positives were current through May 19, but that the NYSGC will retain control over any sampling taken through May 21.

The commission will also maintain its testing obligation in harness racing, “as HISA has yet to address that industry,” Williams said. He added that there are two outstanding Standardbred drug tests awaiting adjudication.

Williams said that the Forte controversy has sparked NYSGC changes to the way it will handle any adjudications that remain under the board's control.

“Changes to the split sample procedure have been instituted to reduce the ability of an affected party to game the system,” Williams said.

“Absent extraordinary circumstances, from now on a trainer advised of a positive drug violation will be afforded no more than two weeks to identify and make arrangements for the split sample to be tested,” Williams said.

“Additionally, upon notification of the split sample result being returned, the stewards' meeting must be conducted within three weeks. If a trainer cannot appear within three weeks' time, they will be deemed to have constructively waived their appearance before the stewards, and the matter will proceed,” Williams said.

After Williams finished giving his report, O'Dwyer said that he wanted to express “my thanks and the thanks of the commission members for setting the record straight in regards to the Pletcher matter.”

O'Dwyer continued: “I think it's very important that, and was quite unfortunate, some of the reporting that came out, [and] the board and commission and our staff needs to be commended for the way that they handled it. I understand there were some time differences. But they did everything they could to give Mr. Pletcher considerable due process, and I'm glad that [Williams] was able to correct the record in that regard.”

Pletcher's attorney, Karen Murphy, had given a contrasting synopsis of the delay to TDN back on May 11.

“One point I want to address up front is that the gaming commission has stated now two or three times that we somehow delayed the process,” Murphy said at that time. “That's a little bit shocking to me because it's false. I don't like government regulators to make false statements. [From] day one, we were on this. This delay is wholly on the gaming commission. It's because they weren't prepared to proceed with the case in a professional, orderly manner.”

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