Justify | Horse Racing Free Tips

Arthur: Post Story Questioning Justify Case Was A Plant From Ruis Legal Team

In the second of a two-part question and answer with the Thoroughbred Daily News, retiring California equine medical director Dr. Rick Arthur casts doubt on the origins of new reporting on the 2018 Justify scopolamine case. Arthur, who has served in the role 15 years, was the subject of a critical report by the Washington Post in late June suggesting that he had deliberately stalled the investigative process of Justify's scopolamine overage until after the horse had completed his Triple Crown bid.

When speaking to the TDN, Arthur maintained that the investigation — and others into high scopolamine tests which also resulted in no sanctions — was by handled as suggested by staff counsel. He also said he thought the legal team for Mick Ruis, who filed a lawsuit over the handling of the Justify case, was behind the Post's story, with help from CHRB commissioner Oscar Gonzales.

“I don't know if Oscar was the one, but Oscar has certainly been the proponent of keeping the Justify issue alive. Actually, I filed a whistleblower complaint against Commissioner Gonzales for basically arguing the Justify case as if he was representing Ruis with talking points that were clearly provided by Darrell Vienna,” Arthur said. “I'm sure Commissioner Gonzales knows that I filed a whistleblower complaint. I think I haven't hidden my disdain for Commissioner Gonzales for a long time.

“There certainly have been attorneys that have tried to play commissioners over the years. And I think that we have an ambitious petty politician that wants to make a name for himself that allowed himself to be played. The Justify case was dismissed in accordance to state law, and it was not dismissed by Rick Arthur. It was not dismissed by [former CHRB executive director] Rick Baedeker. It was dismissed by the board, which is required by law. And that was done properly in accordance to law.”

Beyond his response to the Post story, Arthur told the TDN he believes California has made significant progress in the areas of equine welfare and safety in the 15 years he has been involved. Some regulations might be a little extreme, he admitted, but he thinks the state will find the balance with time.

Records Reveal New Details About CHRB Investigation Of Justify Case

As California Horse Racing Board officials investigated a scopolamine positive from eventual 2018 Triple Crown winner Justify, they seem to have delayed the process to let the race series finish. A report published June 29 by the Washington Post revealed new details about the case, which originated from a positive post-race test after the 2018 Santa Anita Derby and was kept secret until a New York Times report published in 2019.

It's well known now in racing circles that the CHRB held a closed-door meeting in which the regulatory agency opted not to pursue any action against Justify's trainer, Bob Baffert, and declined to disqualify the horse from his victory in the Santa Anita Derby. That meeting took place in the summer after the colt had won the Triple Crown. Justify got into the Kentucky Derby field with qualifying points earned in the Santa Anita Derby.

Records obtained by the Washington Post reveal that Dr. Rick Arthur, equine medical director for the CHRB, assured Baffert in late April that the investigation would not likely impact Justify's impending run in the Triple Crown series. Baffert was notified of the positive ahead of the Kentucky Derby. In an April 26 email, Arthur told the CHRB he had spoken with Baffert and “told him there would be nothing from CHRB before the KY Derby, unlikely before the Preakness and possibly not until after the Belmont. I told him I thought there was a good indication that these were feed contamination.”

CHRB investigators proceeded with their fact-finding mission after the Kentucky Derby and went in search of hay samples to see if they could find jimsonweed, which was blamed by the CHRB and Baffert for the scopolamine overage. They also opted to DNA test the post-race blood samples from Justify and others with detectable levels of scopolamine. Records show Arthur said that testing request would be “a big deal” and asked if it could wait until after the Preakness, which was still a week and a half away.

Test results on hay samples came back after the Preakness and revealed the leafy plant investigators had pulled was milkweed, not jimsonweed. Then, Larry Bell, the owner of the Citrus Feed Company that sold hay to Baffert, showed up at the CHRB office with plant samples he said he had picked up off the ground in the parking lot a month earlier. Those contained jimsonweed, although Bell said he couldn't tell whether the samples had fallen off a truck delivering a shipment to Baffert. Bell, according to the Post, had previously testified on Baffert's behalf, although it wasn't clear in what circumstances.

Quartet of Deep Impact Yearlings Anchor JRHA Select Sale Catalogue

The catalogue is now online for the 2021 JRHA Select Sale, which features four yearlings from the last crop of Deep Impact (Jpn) who died in July of 2019. Held at the Northern Horse Park near New Chitose Airport, the yearling session has 248 lots set to go through the ring on July 12, while there are 241 weanlings slated to sell on July 13.

Kicking off the yearling portion of the sale is a Deep Impact colt who will be offered as lot 1 and is out of the GII Black Eyed Susan S. heroine Go Maggie Go (Ghostzapper). There is also a Deep Impact filly out of GI Beverly D S. heroine Watsdachances (Ire) (Diamond Green {Fr}) and another filly by the late Shadai sire who is a daughter of the winning Jewel Maker (Ire) (Invincible Spirit {Ire}). Rounding out the foursome is another colt, a son of MG1SW Sweep Tosho (Jpn) (End Sweep), a winner of the G1 Takarazuka Kinen.

Naturally the sire power extends far beyond the four by Deep Impact, with a yearling colt out of G1 Golden Slipper S. heroine She Will Reign (Aus) (Manhattan Rain {Aus}) by Heart's Cry (Jpn) just one of the high class lots on offer. Heart's Cry's yearling colt out of G1 French 1000 Guineas winner Elusive Wave (Ire) (Elusive City) will also sell. Maurice (Jpn), whose progeny have been excelling this spring, is represented by a son of G1 Moyglare Stud S. winner Necklace (GB) (Darshaan {GB}). Among the blue blooded yearling by Lord Kanaloa (Jpn) is a daughter of GI Queen Elizabeth II Challenge Cup S. winner Hot Cha Cha (Cactus Ridge), as well as a son of Finest City (City Zip), who captured the GI Breeders' Cup Filly & Mare Sprint.

One of the choicest foals in the catalogue is a son of Lord Kanaloa (Jpn) out of MG1SW Yankee Rose (Aus) (All American {Aus}), who saluted in the G1 ATC Sires' Produce S. Down Under. A Kizuna (Jpn) filly, a daughter of G1 Irish Oaks heroine Covert Love (Ire) (Azamour {Ire}), will sell earlier in the foal session. Juddmonte's Frankel (GB) is represented by a son of GI Las Virgenes S. victress Callback (Street Sense), and there is also a colt by Triple Crown winner Justify out of MGISW Caledonia Road (Quality Road), successful in the GI Breeders' Cup Juvenile Fillies.

In 2020, despite the challenges presented by the COVID-19 pandemic, the yearling portion saw 229 sold of 249 offered (92%) for a gross of ¥10,428,000,000 (US$95,703,618/£67,742,999/€78,399,969). A brown colt (lot 114) by Deep Impact topped the sale at ¥510,000,000 (US$4,766,356/£3,313,198/€3,834,218). The average was ¥45,537,118 (US$417,984/£295,903/€342,353) and the median was ¥31,000,000 (US$284,548/£201,440/€233,068).

For the 2020 foal session, 203 foals sold from 226 through the ring (90%). The aggregate was ¥8,333,000,000 (US$76,486,200/£54,156,140/€62,649,703). Heart's Cry (Jpn)'s son (lot 365) of Hilda's Passion (Canadian Frontier) brought top dollar at the foal session when knocked down for ¥380,000,000 (US$3,551,402/£2,469,643/€2,856,986). The average was ¥41,049,261 (US$376,822/£266,781/€308,634) and the median was ¥29,000,000 (US$266,213/£188,436/€218,040).

For more information, please visit www.jrha-selectsale.com.

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Justify’s Half-Brother Stage Raider Could Target Dwyer

Justify's 3-year-old half-brother Stage Raider, a colt sired by Pioneerof the Nile, posted a workmanlike victory in an allowance race on Friday, May 14 at Belmont Park. He won the one-mile contest by three lengths in a final time of 1:38.22.

It was the second win from three starts for the John Gunther-owned homebred, and trainer Chad Brown told the Daily Racing Form that Stage Raider could be pointed to the G3 Dwyer Stakes on July 5 at Belmont for his graded stakes debut.

“The time wasn't going to turn any heads,” Brown told DRF of the allowance win. “He got a good education out of it, being down inside and going up the rail. Sometimes these kinds of horses that still need a little bit of seasoning, that's the most important part of running in these races, to get more experience.”