Tiz the Law Completes Classic Preparations at Keeneland

Sackatoga Stables’ GI Belmont S. winner and GI Kentucky Derby runner-up Tiz the Law (Constitution) capped off his serious work ahead of next Saturday’s GI Breeders’ Cup Classic with a five-furlong breeze at Keeneland Saturday morning.

With his regular work rider Heather Smullen in the irons, the New York-bred drilled five furlongs in :59.20 and galloped out an extra eighth of a mile in 1:12.20 (video).

“I saw just what I wanted. He went perfectly,” said trainer Barclay Tagg who will send out his 11th Breeders’ Cup starter next weekend. “We wanted him to go in :59 and he went in :59.20, so it was just right.”

Tiz the Law will be making his first start since dropping a 1 1/4-length decision at the hands of Authentic in the Sept. 5 Kentucky Derby and was an early arrival at Keeneland Oct. 18. Saturday’s work was his second locally, having breezed three-quarters of a mile in 1:13.20 Oct. 23.

“I thought he needs to get a good feel of this track (because) he has never run over it,” Tagg said of the plan to ship in the colt on the early side. “He has to run against older horses; it is going to be a tough race. “I have a super-duper crew and everything has gone right. We pay attention to the horses. We carry 30 horses at the most and try to get the best out of what we got, and every now and then we get a good one.”

Hronis Racing’s Higher Power (Medaglia d’Oro) has been on the grounds at Keeneland since early October and also tuned up for the Classic Saturday with a strong five-furlong work that was timed in :58.80, with a six-furlong gallop-out in 1:11.60 (video).

“I liked the way he came back from it,” said former jockey Juan Leyva, who serves as assistant to trainer John Sadler and who rode Musical Romance (Concorde’s Tune) to an upset victory in the 2011 GI Breeders’ Cup Filly & Mare Sprint. “He was blowing a little bit but not out of this world. His level of fitness has really progressed here.”

Gary Barber, Wachtel Stable and Swilcan Stables’ Vequist (Nyquist) arrived into Lexington from Philadelphia this past Monday and geared up for her start in next Friday’s GI Breeders’ Cup Juvenile Fillies by zipping a half-mile in :47.20 for trainer Butch Reid (video). The 9 1/2-length winner of the GI Spinaway S. at Saratoga Sept. 6, the dark bay was a latest second to the impressive Dayoutoftheoffice (Into Mischief) in the GI Frizette S. at Belmont Oct. 6.

“I think a work over the track is very important and that is why we came when we did,” Reid said. “She had three or four good gallops and the work was fine. She did work at Saratoga [before the Spinaway] but didn’t before the Frizette because Belmont is just up the road from Philadelphia.”

Reid, who won the 2011 GII Breeders’ Cup Marathon with Afleet Again (Afleet Alex), said that Joel Rosario will have the mount Friday.

Monomoy Girl Headlines Busy Morning at CD…

The Saturday morning worktab across Interstate 64 at Churchill was equally busy at it was at Keeneland, with no fewe than 27 Breeders’ Cup pre-entered horses getting in their final serious work.

The two females that will vie for favoritism in Saturday’s GI Longines Breeders’ Cup Distaff were the marquee names on a chilly Louisville morning. Monomoy Girl (Tapizar) was one of a half-dozen workers for trainer Brad Cox, and the 2018 GI Breeders’ Cup Distaff heroine tuned up with a steady five-furlong work that was timed in 1:01 flat. With Florent Geroux up and galloping in the company of GI Dirt Mile hopeful Owendale (Into Mischief), Monomoy Girl went in fractions of :12.80, :24.60, :37 and :48.40 before pulling up six furlongs in 1:14.40 (video).

“She’s a champion mare and really a horse of a lifetime,” said Geroux, winner of four other Breeders’ Cup races in addition to the Distaff. “She’s a future Hall of Famer with her resume. The speed figures show she is a little bit faster this year than her 3-year-old year.”

Swiss Skydiver (Daredevil), last-start winner of the GI Preakness S., breezed five-eighths of a mile in 1:00 flat in :24.60, :36.40 and :48.20 before galloping out six furlongs in 1:13.20 (video). While trainer Ken McPeek and owner Peter Callahan still have some work to do, Swiss Skydiver is likely to take up her spot against her peers on Breeders’ Cup Saturday.

“At this point we’re going Distaff unless there’s a late defection from the Classic,” McPeek told pool reporters Saturday morning. “We had a chance to look at not only the regular past performances but all the Ragozin numbers and that’s what we’re doing.”

McPeek says Swiss Skydiver has been ticking right along and is pleased with what he saw on the track Saturday morning.

“She busted out 12s,” he said. “[Jockey] Robby [Albarado] really does have her number right now, he’s got her in nice rhythm out there and knows how she feels under him. I think we’re well loaded and we’ve got her right on even keel.”

McPeek, still in search of a maiden Breeders’ Cup victory, also sent out GI Darley Alcibiades S. romper Simply Ravishing (Laoban) to work five-eighths in 1:00 flat. She and Swiss Skydiver worked on their own.

Tom’s d’Etat (Smart Strike) will enter the GI Breeders’ Cup Classic with just three starts under his belt this season and will be having his first run since a troubled third to Improbable (City Zip) in the GI Whitney S. at Saratoga in early August. The dean of the field at age seven, the G M B Racing runner breezed a very easy four furlongs in :50.40 Saturday morning.

“We really just wanted to go out there and stretch his legs,” said trainer Al Stall, Jr. “It was just get him around there, save a lot of energy and come out of it nice and just be ready for Saturday.”

Bell’s the One (Majesticperfection) may lack the star power, even with her defeat of Serengeti Empress (Alternation) in the GI Derby City Distaff Sept. 5, but the 4-year-old continues to thrive and worked a smooth half-mile in :47 3/5 at Churchill Downs Saturday morning.

“She did just what we wanted, just wanted an easy half and did it very easily and we’re set to go,” trainer Neil Pessin told pool reporter Alicia Wincze Hughes.”

The defection and subsequent retirement of Bellafina (Quality Road) could make life more difficult for Bell’s the One, in Pessin’s estimation.

“I don’t know if anyone is fast enough to go with Serengeti,” he opined. “Bellafina was, she laid right off her. Venetian Harbor (Munnings) and Gamine (Into Mischief) are speed horses, but they’ve never gone faster than :45 in their lives and Serengeti can go :43 3/5. If they go :44 and two or three, that sets it up better for Serengeti than for us. But we’re doing good, my filly is going to run her race and hopefully we can catch them at the end.”

Three of Bob Baffert’s top Breeders’ Cup contenders put in their final breezes ahead of their respective World Championship races at Santa Anita Saturday morning.

GI Kentucky Derby hero Authentic (Into Mischief) covered five panels in :59.60 (7/53) (video) ahead of the GI Breeders’ Cup Classic. The ‘TDN Rising Star’ was last seen finishing second to GI Breeders’ Cup Distaff-bound Swiss Skydiver (Daredevil) in the GI Preakness S. Oct. 3.

“He was out there doing his thing,” Baffert told the TDN when reached by phone. “He always works alone, him and Improbable. They are both very willing. He bounced out of the Preakness really well and his last two works were pretty strong. He is about as ready as I can have him. I really like the way he is coming into this race.”

Fellow BC Classic contender Maximum Security (New Year’s Day) also breezed five furlongs in Arcadia Saturday, stopping the clock in 1:00.60 (14/53) (video). Winner of the GI TVG Pacific Classic Aug. 22, the bay was second to his stablemate Improbable (City Zip)–who is scheduled to work Sunday–in the GI Awesome Again S. Sept. 26.

“He went well,” Baffert said of Maximum Security. “He is the lazier type [in his breezes], but he gets enough out of his works. He looks great. He will be right there.”

‘TDN Rising Star’ Gamine (Into Mischief) clocked the fastest five-furlong work of the Baffert trio, covering the distance in :59.40 (2/53) (video). An ultra impressive winner of both the GI Longines Acorn S. and GI Longines Test S., the bay was last seen finishing third in the GI Longines Kentucky Oaks Sept. 4 and will cut back in trip for the GI Breeders’ Cup F/M Sprint S.

“Gamine looked fantastic,” Baffert said. “She just sat there with another horse and when he asked her to pick it up, she just went boom. She has matured and just looks really good coming into this race. She has been on the lead and she makes the lead because she is brilliant on her own. But, she is not a speed crazy type of horse. I can see she is on top of her game.”

Baffert also offered a comment on GI Breeders’ Cup Juvenile Fillies contender and ‘TDN Rising Star’ Princess Noor (Not This Time), who breezed five panels in :59.80 (3/43) in Arcadia Friday.

“She worked yesterday. She looks great,” Baffert said. “On paper, her numbers don’t stack up to those other fillies, but she has done everything here in a hand ride. I think she is special. The thing about the Breeders’ Cup is you can brag all you want, but when the gate comes open, the separation begins. That is the beauty of the Breeders’ Cup. That’s why they have it. The good horses, they separate themselves.”

Baffert’s Breeders’ Cup contingent will fly to Keeneland Tuesday for the Nov. 6-7 World Championships.

Another Hall of Famer sent out a BC-bound Saturday morning in Arcadia with GI Breeders’ Cup Turf runner United (Giant’s Causeway) covering six panels in 1:15 (1/2) (video) for Richard Mandella.

Pletcher Pair Take To Belmont Main Track…

Trainer Todd Pletcher was on hand to see the final Breeders’ Cup works for Halladay (War Front) and Valiance (Tapit) Saturday morning on a brisk Long Island morning.

Halladay, unraced since wiring the field in the GI Fourstardave H. at Saratoga Aug. 22, clocked :49.21 (video) for his four-furlong breeze over the main track. It was the third work for Halladay since having to be scratched from the GI Shadwell Mile S. Oct. 3 with a hind-leg infection.

“I was happy we were able to get it in today. The track dried out pretty nicely considering all of the rain we’ve had,” Pletcher said. “Halladay was a touch keen early on. He went off a little quick but then he relaxed, settled quickly, finished up strong and galloped out well. I was happy with that.”

Also working by her lonesome was GI Juddmonte Spinster S. upsetter Valiance, who stopped the clock in :49 flat (video).

“Valiance maintains form really well. Not only was her work good, but she galloped out well. She seems to be doing as well as she can at the moment,” Pletcher said.

Luis Saez has the call on both horses in the GI Breeders’ Cup Mile and GI Longines Breeders’ Cup Distaff, respectively.

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Different Jurisdictions, Different MMV Rules Could Play In Baffert’s Favor

As news broke Tuesday of another positive post-race drug test for a Bob Baffert trainee, some readers found themselves wondering — when do these alleged violations begin to add up to a single, long suspension?

The answer to that remains unclear, but it's probably, “They won't.”

After Charlatan and Gamine tested positive for lidocaine following their races at Oaklawn Park this spring, Baffert announced he would be appealing the 15-day suspension given out by the Arkansas Racing Commission.

As reported last week, Baffert-trained Gamine got a positive test post-race for betamethasone after her third-place finish as the favorite in the Grade 1 Kentucky Oaks, but that case has not yet been adjudicated because testing on the split sample is not complete. (If a split sample does come back negative, the commission will not pursue charges against a licensee.)

Finally, the most recent case, a positive test for dextorphan from Merneith – second in a July 25 allowance race at Del Mar – has been confirmed on split sample, but the stewards' hearing into the matter won't take place until Nov. 12.

That means, from a regulatory perspective, none of Baffert's positive tests from this year are closed cases yet.

A hearing will take place on Thursday into whether or not stewards should disqualify Justify or Hoppertunity from 2018 races based on scopolamine positives. The CHRB has already made clear that it is not pursuing action against Baffert's license in either of those cases after a recommendation by equine medical director Dr. Rick Arthur that the positive test likely resulted from hay contaminated with jimsonweed.

Baffert's home base of California provides a sliding scale of suspensions and fines for repeated medication violations in the same penalty class. (Lidocaine and dextorphan carry a Category or Class B penalty in Arkansas and California, while betamethasone carries a Class C penalty in Kentucky.) Per California rules, one Category B offense gets between 30 and 60 days' suspension, but a second offense in two years could carry 60 to 180 days. Currently however, stewards cannot take into account violations from other states when deciding what constitutes a repeat offense in a given penalty category; even if they could, they would have to focus on completed cases, meaning those not under appeal. That means that under current rules, if California stewards do decide to suspend Baffert for the dextorphan, they'll have to address it as a B violation in a vacuum when deciding on a suspension length or fine amount.

That may seem frustrating to readers who feel Baffert's violations are adding up, even if they are for therapeutic substances. This is the kind of situation a multiple medication violation (MMV) penalty system was designed to address. The MMV, which is in force in the Mid-Atlantic, is supposed to operate similarly to many state systems that assign points to a driver's license for repeat violations. Those points can compound the base fines or suspensions given out for a violation if the license holder is a repeat offender, regardless of the penalty category of previous offenses. The idea is that repeated low-level offenses eventually pack a big enough punch that a trainer will be more careful, even with therapeutic drugs that are regulated but not considered major performance enhancers. In an ideal world, the MMV system is supposed to tally offenses across jurisdictions.

California hasn't yet finalized adoption of MMV language but the rule is in process. The proposed language has completed the 45-day public comment period and is likely to be on the agenda for a Nov. 19 meeting of the CHRB to be publicly heard and (potentially) adopted. Even after that vote, however, a CHRB spokesman said it takes new rules roughly two months to complete the administrative process to become enacted, so California's MMV rule won't be live until early 2021. Part of the proposed rule language to be considered on Nov. 19 would allow stewards to consider violations from other jurisdictions. It remains legally unclear, but seems unlikely, however, that the CHRB could use out-of-state violations occurring before finalization of the MMV rule against a trainer after the rule's implementation.

Kentucky has not yet taken up MMV language. A 2016 initiative by former Kentucky Gov. Matt Bevin aimed at reducing red tape for Kentucky businesses required state agencies to reexamine and simplify existing language, which also slowed the drafting of new regulation.

Arkansas does have MMV language on the books. Currently, Baffert's appeal in Arkansas is still in progress. A spokeswoman for the Arkansas Racing Commission confirmed Wednesday that the case is still in the legal discovery process and no hearing date has been set.

MMV language will only allow officials to take into account points from cases where all appeals have been exhausted. So, Arkansas couldn't issue MMV points unless its appeal was concluded after proceedings in California and Kentucky are complete.

All this means that, if Kentucky officials confirm the betamethasone overage and California officials proceed with a suspension and/or fine for the dextorphan overage, they will likely be required to consider each case in their state's bubble, which would suggest fairly mild sanctions for each.

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Baffert Runners Head BC Works at Santa Anita

Trainer Bob Baffert’s arsenal was on full display Saturday morning at Santa Anita in preparation for their respective Breeders’ Cup engagements at Keeneland Nov. 6 and 7. Heading the charge was GI Kentucky Derby hero Authentic (Into Mischief), who breezed seven furlongs in 1:24.40 (XBTV video) in advance of the GI Breeders’ Cup Classic. In his latest start, the colt finished a neck behind winner Swiss Skydiver (Daredevil) in the Oct. 3 GI Preakness S.

Undefeated TDN Rising Star Princess Noor (Not This Time) breezed six furlongs in a bullet 1:11.80 in preparation for the GI Breeders’ Cup Juvenile Fillies. Victorious second time out in the GI Del Mar Debutante Sept. 6, she returned to score in the Sept. 6 GII Chandelier S. Fellow Baffert trainee, Grade I-placed Spielberg (Union Rags), posted a five-furlong move in :59.80 in advance of the GI Breeders’ Cup Juvenile, while Gamine (Into Mischief), winner of the GI Acorn S. and GI Test S. this summer, completed five furlongs in a bullet :58.80 ahead of the GI Breeders’ Cup F & M Sprint. The filly is currently under investigation for a medication positive detected in a sample following a third in the Sept. 4. GI Kentucky Oaks.

Also at Santa Anita Saturday, trainer Richard Mandella sent out GII John Henry Turf Championship S. winner United (Giant’s Causeway) for a mile work in 1:37.80 under Flavien Prat in preparation for the GI Breeders’ Cup Turf, a race in which he finished second in 2019.

“He went very nice,” said Mandella. “I think we have a little better line on him now, more than we ever did, and hopefully, it will pay off at the Breeders’ Cup.”

Mandella also breezed Jolie Olimpica (Brz) (Drosselmeyer) Saturday, indicating the latter “got a little tired” negotiating five furlongs in :59 flat and will bypass the Breeders’ Cup in favor of the Nov. 29 GI Matriarch S. at Del Mar.

Recent GI Rodeo Drive S. scorer Mucho Unusual (Mucho Macho Man), expected to contest the GI Breeders’ Cup F&M Turf, worked five panels for trainer Tim Yakteen in 1:00.60 (XBTV Video), while Sharp Samurai (First Samurai) completed the same distance in a minute flat. The multiple graded stakes winner is expected to make his next start in the GI Breeders’ Cup Dirt Mile or Mile.

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NY Times Names Gamine As Oaks-Day Positive; Robertson Expresses Concern

The Kentucky Horse Racing Commission (KHRC) is conducting a follow-up investigation of a class C medication positive detected in a sample returned from Kentucky Oaks day, according to a KHRC statement Thursday. Joe Drape of The New York Times reported in a story published at 6:43 p.m. that it was the Kentucky Oaks third-place finisher Gamine who returned the positive test, citing “two people familiar with the results of the drug test who requested anonymity because they were not authorized to discuss the issue publicly.”

“The Derby day samples were ‘cleared,’ showing no irregularities,” the statement from the KHRC read. “The Oaks day samples returned a finding for a class C medication in one (1) primary sample.”

The Kentucky Oaks was run at Churchill Downs this year on Sept. 4. The results “should be available” in November, a KHRC spokesperson confirmed. This year’s Breeders’ Cup is scheduled for Nov. 6 and 7.

According to the statement, “the KHRC will follow its established regulatory process in conducting a follow-up investigation of this matter. The name of the horse, trainer and owner will not be released at this time, “in accordance with that process,” the statement read.

Gamine is trained by Bob Baffert, whose attorney Craig Robertson expressed concern over Drape’s story and the fact that the result had been leaked. He released the following statement.

“The current reporting on Gamine is inaccurate and needs to be cleared up. First, Betamethasone is a legal, commonly used anti-inflammatory medication. It is not a `banned substance.’ Second, the medication was administered to Gamine on August 17 by her veterinarian and on the veterinarian’s recommendation. Importantly, the veterinarian followed established medical and regulatory guidelines in administering the medication. The withdrawal guidelines published by the Kentucky Horse Racing Commission recommend that the medication not be given within 14 days of a race. In this instance, as an additional layer of protection, Gamine’s veterinarian last treated her with Betamethasone 18 days before the Oaks.

“Gamine’s test revealed 27 picograms of Betamethasone. The current threshold in Kentucky is 10 picograms. The situation with Gamine highlights two issues that are very troubling and must be addressed by the racing industry. First, the thresholds for many lawful medications such as Betamethasone are way too low. A picogram is a trillionth of a gram. 27 picograms is a minuscule amount that would not affect a thousand pound animal. The regulations governing racing must be ones that are related to pharmacology in a horse as opposed to how sensitive labs can test. Second, trainers and veterinarians must be able to rely on guidelines given them by racing officials. If they are told by regulators that a medication will clear a horses system in 14 days, they must be able to rely on that information.”

Robertson said he was also troubled by the fact that the results of the initial sample had again been leaked to The New York Times.

“It’s very troubling,” said Robertson in an email to the TDN. “There are good reasons why the rules require confidentiality until the split sample comes back and the stewards make a decision. The fact that racing commissions, with increasing frequency, do not abide by their own rules and information is wrongly leaked, poisoning an individual’s right to due process, is inexcusable. The rules are applicable to all parties and racing commissions must abide by the very rules they seek to enforce.”

The KHRC’s official laboratory, Industrial Laboratories in Colorado, conducted the initial analysis.

Churchill Downs carded 13 races on Kentucky Oaks day, including six stakes. The headline act was the GI Longines Kentucky Oaks, won by Shedaresthedevil, with subsequent GI Preakness S. winner Swiss Skydiver second and the favorite, Gamine, back in third.

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