Like Baseball, Racing Will Have to Come to Grips with Unsettling Era

While horse racing was consumed last week by headlines related to the federal doping conspiracy trial and Bob Baffert's exclusion hearings at the behest of the New York Racing Association (NYRA), the sport of baseball, too, was embroiled in its own ongoing performance-enhancing drug (PED) saga.

Last Tuesday, retired slugger David Ortiz was voted into the Baseball Hall of Fame in his first year of eligibility, while Barry Bonds (the all-time and single-season home run record-holder) and Roger Clemens (one of the most dominant pitchers in major league history) both were denied entry by a lack of votes in their 10th and final years on the ballot.

Baseball's controversy had been simmering for years against the backdrop of the “steroid era” that ran roughly from the late 1980s to around 2010, during which a number of prominent players with outsized statistical output were either strongly suspected of or tested positive for PED usage.

While Ortiz reportedly tested dirty in 2003, it was later suggested by league officials that his one-time bad test (for a substance that has never been publicly disclosed) was the result of a false positive. Given his otherwise clean record and Hall-worthy stats, Ortiz sailed through the voting in his first try. But Bonds and Clemens–both of whom had never tested positive for, nor were ever disciplined for PED usage–again didn't make the cut despite overwhelmingly dominant on-paper credentials.

Baseball's Hall of Fame is unique compared to other sports in that it has a clause stating that those voted worthy of the honor “shall be chosen on the basis of playing ability, sportsmanship, character, their contribution to the teams on which they played, and to baseball in general.”

The “character” part of that requirement is why Bonds and Clemens failed to secure the necessary 75% of the voting bloc. Just like the presumed prolific juicers Mark McGuire and Sammy Sosa, who had also put up incredibly aberrational numbers in the 1990s, they were all denied entry because of the rampant perception they had cheated and sullied their sport.

An obvious (and admittedly flippant) racing-related take on this is that perhaps baseball should be more like our sport–we induct Hall-of-Famers (at least the human ones) while they are still active in the game.

It is only after honoring trainers and jockeys for lifetime accomplishments that regulators and racing associations occasionally have to make uncomfortable decisions about whether those honorees will be allowed to participate in the day-to-day doings of Thoroughbred racing.

But the election of Ortiz could be signaling another subtle shift in baseball's Hall voting. As the years and decades pass, there is a greater likelihood that future voters will decide that players from the PED era were not specifically guilty of doping because they were caught up in a time when the entire game was perceived to be pharmaceutically tainted. Blaming circumstances always gets easier with the passage of time.

Yet as John Feinstein of the Washington Post put it last week, “A Hall of Fame–in any sport–is supposed to be about what is good in that game. It goes beyond numbers. If you insist that Bonds and Clemens should be included because of their performance, fine. Then the Hall should create a 'Steroids Wing' and recognize those with stunning statistics who we know used steroids, even if they never tested positive.”

Racing, too, is going to have to make similar decisions in the long run.

In fact, you can already see some of the nearer-term ramifications of NYRA's attempted banishment of Baffert and the edict issued by Churchill Downs, Inc. (CDI), that prohibits Baffert's trainees from running in the next two GI Kentucky Derbies coming more clearly into focus.

In the case of NYRA, it's a Pandora's Box type of vicious cycle. Now that Baffert has been established as a baseline for exclusion, who's next? We already know that trainer Marcus Vitali is scheduled for a similar “go away” hearing in March. And NYRA announced just last week trainer Wayne Potts could be on deck.

It doesn't take more than a quick scroll through social media or a chat with backstretch folks to come up with a growing list of alleged wrongdoers who all fit the mold of, “They're trying to rule off Baffert, but what about so-and-so?”

So where does it end? Can we expect that NYRA will be charging and then holding exhaustive, week-long hearings related to detrimental conduct on a continual basis from here on out? The costs could be staggering, both in terms of actual legal expenses for NYRA, plus the public relations price of never-ending negative headlines becoming entrenched atop the news cycle.

Then again, another school of thought holds that this type of trainer-by-trainer house-cleaning is long overdue and is exactly what NYRA needs to do as a protective measure.

As for CDI's banning of Baffert from the Derby, it's also fair to ask how this decision will affect the image of America's most iconic horse race over the long haul.

Right now Baffert trains two undefeated Derby contenders, the presumed divisional champion and 'TDN Rising Star' (Corniche), plus Saturday's winner of the GIII Southwest S., Newgrange (Violence). Per usual, the seven-time-Derby-winning trainer could have another colt or two primed to peak before the first Saturday in May rolls around.

A few weeks ago I wrote about how CDI's ban could backfire by turning Baffert's exclusion into the unwanted focal point of the 2022 Derby. Now let's widen the lens further: How do you think history will portray the “most exciting two minutes in sports” when the ink is dry on what might someday be called the “Dirty Derby” era that started in 2019?

We already have a decent idea of what the first section of that rough draft will look like. It starts with Maximum Security, a one-time $16,000 maiden-claimer, soaring improbably above his peers to win the 2019 Derby, only to get disqualified for a debatable in-race interference call that roiled the sport for months.

A year later, in 2020, we learned that Maximum Security's trainer, Jason Servis, was arrested in a nationwide equine drug sweep, and that the feds allegedly have him on wiretap repeatedly discussing the doping regimen of Max during the time frame that included the colt crossing the wire first in that 2019 Derby.

Then 2021 brought us another unlikely Derby victor in Medina Spirit, a colt who was so unheralded in the sales ring that he once hammered for the too-low-to-be-true price of $1,000. Yet Baffert had him honed to such a high degree that he wired the field in the first leg of the Triple Crown.

This time, the feel-good aura of rags-to-riches glory barely lasted a week until it was revealed that Medina Spirit had tested positive for an overage of betamethasone, an infraction that has still not been adjudicated by state regulators in Kentucky (although it has sparked several high-profile federal lawsuits, CDI's no-Bob stance, and NYRA's attempts to rule off Baffert).

So if the story of the 2022 and 2023 Derbies ends up being the exclusion of Baffert's trainees, what do you suppose might happen if CDI ever decides it has to take action against other allegedly toxic trainers of top colts?

If it turns out that Baffert isn't the only conditioner told he's not welcome under the Twin Spires, the sport could soon be facing a difficult reckoning involving years in which a sizable swath of otherwise-eligible equine stars aren't allowed to participate in the Derby.

There might not be enough asterisks to go around if handicapping every year's foal crop becomes an exercise of exclusion related to which human handlers are deemed not worthy of the Derby.

Similar to baseball's steroids era, Thoroughbred racing is eventually going to have to come to grips with how the present will appear in the future.

Will the current time frame be viewed as an over-reactive witch hunt? Or will it eventually be defined as the era when the industry started cleaning up its act for the betterment of the sport?

Truth tends not to favor one extreme or the other, so the unknown answer to that question most likely lies somewhere in the hazy middle.

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Trainer Who Testified Against Fishman Faces Lifetime Ban

Trainer Jamen Davidovich, who admitted Thursday during the trial of Seth Fishman that he bought and used performance-enhancing drugs supplied by the veterinarian, has been suspended by the Ohio Racing Commission, a first step in what could lead to a permanent revocation of his license.

Davidovich testified that Fishman, one of 27 individuals originally indicted in the doping probe that includes high-profile trainers Jorge Navarro and Jason Servis, began supplying him with drugs after the two met at a Ft. Lauderdale restaurant. Asked by prosecutor Anden Chow how the subject of PEDs came up, Davidovich responded, “We were talking about different things to make the horse run better.”

Davidovich, 31, races primarily in Ohio and the commission in that state wasted little time taking action Friday. According to Ohio State Racing Commission executive director Chris Dragone, Davidovich's license has been suspended pending a hearing. The news that the Ohio commission had taken action against Davidovich was first reported by the Blood-Horse.

“He's entitled to a hearing and we'll see what he has to say,” Dragone said.

Dragone said that if the evidence shows that Davidovich doped horses his license could be permanently suspended.

“We haven't seen the transcripts (from the Fishman trial) yet,” Dragone said. “But from everything I have heard and from what he said, this was blatant. This is very serious. This came out of the blue and we had no notice so far as what he was going to say in court. But when he said in court that he drugged horses we had to take action. And it's possible that he may have his license revoked and that he will be ruled off for life.”

Reached by the TDN, Davidovich said he had no comment.

After winning just five races in 2014, Davidovich's career took off in 2015 when he went 25-for-99 (25%). He was 21-for-81 in 2016 and 9-for-59 in 2017. He said during the trial that he stopped doping in 2018, which is when his fortunes changed. Since 2018, he has won just six races from 51 starters.

Thursday's court room proceedings also included testimony from harness trainer Adrienne Hall, who also admitted she used PEDs supplied by Fishman. She last started a horse in December at the Meadowlands. Meadowlands owner Jeff Gural said he has not yet decided if he will ban Hall from his tracks.

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More Trainers Testify Against Fishman As Trial Continues

Two current trainers testified Jan. 27 at Dr. Seth Fishman's horse doping trial that they raced horses on illegal performance-enhancing drugs that came from the accused veterinarian.

The testimony from Adrienne Hall and Jamen Davidovich highlighted the seventh day of Fishman's trial on adulteration and misbranding conspiracy charges. Fishman was one of 27 individuals charged in the case and is the first on trial. Those charged include two prominent trainers–Jason Servis, who is awaiting trial, and Jorge Navarro, who pleaded guilty and has been sentenced to five years in prison.

Hall, of Monroe, New Jersey, trains horses at the Sunshine Meadows harness track in Florida and last raced a Standardbred last month in New Jersey. Davidovich, also an owner, raced primarily in the Mid-Atlantic in 2020-21. He has starts this year in New York and Ohio and says he approaches the sport now more as a hobby.

Both told the jury of eight women and four men how they went about getting in touch with Fishman in 2017 and 2018 with the sole intention of obtaining from PEDs that wouldn't show up in post-race testing.

“His reputation preceded him,” Davidovich, 31, of Pennsylvania said.

Hall testified Fishman gave her a PED called VO2 Max, which she used to dope a horse and win a harness race in March 2019. Prosecutors have elicited testimony that VO2 Max increases horses' oxygen levels that enable them to run faster and longer but at risk to their safety and well-being.

The jury heard a portion of an FBI wiretap that captured Hall excitedly telling Fishman about the first-place finish.

“I wish you could have seen the race,” Hall says to the veterinarian. “He was so fantastic. He dominated. He was a completely different animal. I was so happy.”

Hall added the horse's final quarter time was 27 seconds.

“What is it usually?” Fishman asks.

“Usually it's :28 or :29 and struggling,” she responds.

Hall testified that the PEDs were a gift from Fishman. She said she believed that was the case because Fishman wanted her to connect him to two trainers she knew.

One of those trainers was Todd Pletcher, the Hall of Famer who runs a large stable.

His name was revealed under cross-examination by Fishman attorney Maurice Sercarz.

Prosecutor Sarah Mortazavi, who initially questioned Hall, never asked Hall to reveal the names during her direct examination.

At the start of her direct testimony, Hall had said that before she got her trainer's license, she worked at two Thoroughbred farms and for Pletcher's stable in an administrative position, not with horses.

Hall told Sercarz that even though she told Fishman she would contact Pletcher, she never did.

Mortazavi then asked why that was when she questioned the witness again.

“He would never take my advice or opinion,” Hall testified, referring to Pletcher. “I would never approach him about something like that.”

Hall was on the witness stand, testifying against Fishman as part of a non-prosecution agreement with prosecutors. They agreed not to prosecute her for doping horses.

Davidovich was testifying without any such agreement. Instead, he invoked his Fifth Amendment right not to testify and then was compelled to testify by Judge Mary Kay Vyskocil under a grant of immunity. Under a grant of immunity, a witness can't be charged with any crimes he or she admits to.

Hall and Davidovich could, however, potentially face sanctions from regulators after their testimony. Servis and Navarro have been suspended from racing, as have other indicted individuals.

Davidovich told the jury Fishman began supplying him with PEDs after a meeting at a sushi bar in Fort Lauderdale, Florida. He said there was a third person at the meeting, a person he described as “my owner.”

Asked by prosecutor Anden Chow how the subject of PEDs came up, Davidovich responded, “We were talking about different things to make the horse run better.”

Davidovich said that as they got to know each other, Fishman complained to him about Navarro. Prosecutors say Fishman was one of Navarro's suppliers of banned PEDs.

“He said Navarro owed him a lot of money, and he was going to cut him off if he didn't pay,” the witness testified. “He also said he didn't want [Navarro] taking down the whole ship because he had a loud mouth.”

Davidovich said Fishman was referring to a video shot at Monmouth Park in which Navarro and one of his owners bragged after winning a race that Navarro was the “Juice Man.”

Davidovich said he stopped doping horses in 2018 after meeting Dr. Steve Allday, a well-known Thoroughbred veterinarian.

“He was the first person in the business who took me under his wing and taught me a different way of being involved in horse racing,” he testified.

He added: “I know what I did was wrong, and I wanted to move forward in a different way.”

   The Thoroughbred industry's leading publications are working together to cover this key trial.

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Jury Hears Wiretaps in Fishman Trial

The jury in the federal horse-doping trial of Seth Fishman heard Jan. 25 a portion of a Federal Bureau of Investigation wiretap in which the veterinarian discusses whether the drugs he sold to horse trainers involved doping.

“Any time you give something to a horse, that's doping,” Fishman says in the conversation recorded by the FBI Apr. 5, 2019. “Whether or not they test for it is another story.”

On the call with Fishman was an unidentified individual who had wanted to know more about the drugs.

“But it's not doping, yeah?” that person asks.

“Don't kid yourself,” Fishman also tells him. “If you're giving something to a horse to make it better, and you're not supposed to do that, that's doping. You know, whether or not it's testable that's another story.”

The wiretap was played in court on the fifth day of the trial as testimony resumed after a day's interruption. On Jan. 24, Judge Mary Kay Vyskocil declared a mistrial in the case of Fishman co-defendant Lisa Giannelli. Giannelli's attorney tested positive for COVID-19 before court on Monday, warranting the mistrial.

As the day began Tuesday, Vyskocil announced a ruling rejecting a motion for a mistrial by Fishman's attorneys. They moved for a mistrial because of the positive COVID-19 test they believed upset the flow of the trial and because of remarks the attorney for Giannelli made during openings statements last week that they said could prejudice the jury against their client.

That attorney, Louis Fasulo, had described his client as the “proverbial sheep” to Fishman's “sheep master.”

Vyskocil countered that Fishman had not been prejudiced.

“Dr. Fishman has received a fair trial so far and will continue to receive a fair trial,” Vyskocil said.

Fishman was one of more than two dozen members of the horse racing community charged in sweeping indictments in March 2020 with conspiring to dope horses at race tracks across the country with illicit performance-enhancing drugs that wouldn't show up in post-race testing. Those charged included top trainers Jason Servis, who awaits trial, and Jorge Navarro, who pled guilty to conspiring with others to dope horses and was sentenced to five years in prison.

Fishman is charged with two counts of conspiring to violate drug adulteration and misbranding laws. He faces a maximum of 15 years in prison if convicted.

As part of their case, prosecutors allege Fishman accepted tens of thousands of dollars from Navarro in exchange for untestable drugs.

On Tuesday, prosecutors called Dr. Jean Bowman, veterinary medical officer in the division of surveillance for the FDA, as a government expert witness.

During her testimony, prosecutor Sarah Mortazavi introduced into evidence photos taken on the day of Navarro's arrest in 2020 that showed him in possession at his Florida home of four alleged PEDS that came from Fishman.

Mortazavi drilled down on those drugs, named BB3. The indictment described BB3 as a customized “blood building” PED that when combined with intense physical exertion thicken a horse's blood. A horse doped with BB3 ran the risk of a heart attack, the indictment said.

The photo of BB3 seized by the FBI from the Navarro residence shows only the product's name on the bottle.

Bowman testified that BB3 had not been approved by the FDA and that she could find no studies in an FDA database about BB3 and its effectiveness and safety to horses.

Bowman also told the jury that the label on the BB3 bottle should have contained more information to pass muster with the FDA. She said the label should have contained the name of the prescribing veterinarian, how and when it should be administered, the identity of the manufacturer, and what precautions should be taken before administering it.

The doctor testified that BB3 and the other drugs Fishman sold should only be prescribed after a physical examination of the animal.

Prosecutors contend Fishman never did that before shipping his PEDs to buyers.

At one point during questioning, Mortazavi had Bowman read from an email Fishman sent to Giannelli on Jan. 5, 2019, that contained a list of drugs available from Fishman's South Florida business Equestology.

“BB3: would only let trusted clients have this,” Bowman quoted the email as saying.

Fishman's lawyers Maurice Sercarz and Marc Fernich will have an opportunity to cross-examine the FDA expert when the trial resumes Jan. 26.

The Thoroughbred industry's leading publications are working together to cover this key trial.

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