McPeek Frustrated By ‘Nonsensical’ Denial Of Entries At Saratoga, Seeks Hearing

Though the New York Racing Association and the New York State Gaming Commission officially released Saratoga's Barn 86 from quarantine on Aug. 1, trainer Ken McPeek told bloodhorse.com he was frustrated by his inability to enter horses to race on that date. McPeek and his lawyer, Andrew Mollica, filed a request for a hearing with the NYSGC as to why he was unable to enter horses until Sunday, essentially preventing those horses from racing until Aug. 6.

The quarantine began on July 11, when a filly trained by Jorge Abreu, with whom McPeek shares Barn 86, tested positive for equine herpesvirus. The filly was sent to Rood and Riddle Equine Hospital and is currently recovering. No other horses in the barn showed symptoms during the 21-day quarantine.

Multiple press releases and news reports indicated that the quarantine would be released on Aug. 1, provided there were no additional cases of EHV-1, so McPeek and his owners made plans to be able to race their horses from that date. He attempted to enter one horse for Aug. 1, three for Aug. 4, and three for Aug. 5, but since entries for those cards were taken before Aug. 1, NYSGC steward Braulio Baeza Jr. denied the entries.

Essentially, the quarantine was unnecessarily and inexplicably extended by another five days, McPeek argued.

“I am doing this so that the next time this happens, trainers and owners will not have to go through another situation like this where there are an extra three to five days when their horses cannot run because there is no clarity in New York. I don't want to see anyone else go through this,” McPeek told bloodhorse.com. “Officials need to address some standard operating procedures and protocols for everyone that make sense. To keep horses who have cleared quarantine from not running is nonsensical.

“What's the logic here?” he added. “It's been easier for (trainers) Marcus Vitali and Bob Baffert to run at Saratoga than me.”

Read more at bloodhorse.com.

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McPeek Contests Decision to Deny His Entries

When his barn at Saratoga was placed under quarantine due to an outbreak of Equine Herpesvirus, trainer Ken McPeek assumed his horses would be allowed to race starting Aug.1, the day the quarantine was due to be lifted. Instead, none of his entries for the Aug. 1, 4 and 5 cards were accepted because, McPeek was told, the horses were still under quarantine at the time entries were taken.

While it is too late to get his horses entered into the upcoming cards in question, McPeek, through his attorney Drew Mollica, has appealed and demanded a hearing over the matter, which Mollica charges, has caused his client “irreparable harm caused by the arbitrary and capricious denial of the ability to enter eligible horses trained by McPeek in races at Saratoga Racecourse …”

“Understanding that it is too late for these horses to run in these races, there are two very good reasons for doing what we are doing,” Mollica said. “First, McPeek feels aggrieved by the lack of respect shown for him and his owners and for fellow horsemen confronted with this situation. His position is that this just can't be. Secondly, we seek equitable relief, whatever that may be. We are seeking some relief. McPeek and his owners followed every protocol, did everything they were asked. They were committed to racing, trained for these races and had no opportunity to run. At some point, McPeek would like someone to be held accountable.”

Mollica listed seven horses McPeek had intended to run over the three days in question. He has not started a horse in Saratoga since July 15, the opening day of the meet.

Mollica said that McPeek and his owners were put on public notice by the commission that the horses affected by the quarantine would be released from quarantine and permitted to race starting Sunday, Aug. 1. Instead, the entries were denied. That led to Mollica reaching out to the stewards on July 30, some 3 ½ hours before the Aug. 3 card was drawn, in hopes that a hearing could be held and the McPeek horses could begin running as soon Aug. 4. He said he sent emails and placed phone calls to Gaming Commission steward Braulio Baeza Jr. and to the commission itself, none of which were returned.

“All New York horsemen need to know what the rules are,” Mollica said. “As I wrote in my letter, when the Gaming Commission created this protocol they were well aware that entries for August 1 and beyond took place prior to August 1. It's understood that if you are going to enter the population August 1, entries for August and beyond took place prior to August 1. To come up with an explanation that McPeek's horses were ineligible to run is completely illogical.”

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This Side Up: Overcrowding One Weekend, Isolation The Next

No man an island, huh? Not so sure about that, after the last year or so, when even a family household has sometimes felt like a peninsula at best. So, the very last thing anyone wanted on returning to Saratoga, after being denied its unique balm of fellowship last year, was to hear “the Q word” yet again.

A 21-day quarantine for horses stabled in Barn 86, after one of Jorge Abreu's fillies tested positive to EHV-1, must have felt like Groundhog Day for Abreu and neighbor Kenny McPeek. Here they were, yet again, reprising the role of good citizens–dutifully withdrawn from society for the greater good.

But precisely because no man is an island, their sacrifice has consequences for the rest of us too. In the absence of McPeek's two intended starters, the field for the GI Coaching Club American Oaks has dwindled to four. As a result, for the second Saturday running a big race showcases one of the besetting challenges facing our community, if we are to achieve greater engagement and confidence among the wider public.

Last week, the unseating of Midnight Bourbon (Tiznow) in the GI Haskell S. inevitably prompted furious polemics over the putative role in that incident of the riding crop's recent prohibition in New Jersey.

Now we find ourselves obliged to focus on the capacity of 21st Century Thoroughbreds and/or their trainers to sustain the elite race program. Obviously, there is a freak element in this instance, but that doesn't alter the fact that field depth is becoming a familiar problem. This very race, indeed, only mustered five runners last year.

Doubtless many different factors are involved: diminishing foal crops; “super trainers” keeping their horses apart; lucrative new races, many at a time when horses were formerly spelled and some requiring a punishing trip to the desert. And California, of course, has had its specific issues (though an exemplary reset now deserves due reward from investors).

But I suspect that much the biggest problem is either that the Thoroughbred today is not as resilient as it was, very likely because of reckless overbreeding to flimsy commercial stallions; or that trainers at least believe that to be the case. Either explanation is amply supported by contrasting the racing patterns of yesteryear and today.

Some people openly propose indulging these corrosive debilities by stretching out the Triple Crown calendar. Adopting the perspective of future generations, to whom we are answerable for our stewardship of the breed, I find that staggering. If we're going to hand over a Thoroughbred with a lesser constitution than the one we received, then we have to make that honestly apparent to those who will be left to repair the damage. It's the same logic that supports “clean” training: none of the genetic material masked, everything on open parade.

Sure, we must sometimes adapt to survive. That's exactly why they're trying these new whip rules in New Jersey. But as so often, in a society where opinion seems ever more polarized, what happened last Saturday–in a race that turned out to be rather more overcrowded than this one appears to be–has tended only to retrench established positions.

In a situation of white-knuckle, split-second judgements, nobody can sensibly pronounce that the whip could or could not have averted the collision between Hot Rod Charlie (Oxbow) and Midnight Bourbon. We've all seen races where riders have caused similar problems by negligent or intimidatory whip use, and I wouldn't presume to know how far either of those adjectives might apply to the tactics of Monsieur Prat.

Nonetheless, it presumably can't have been just malign destiny, or even coincidence, that this should have happened when it did–the one moment when most eyeballs, coast-to-coast–were on this bold experiment. There were a million bucks in play, and a bunch of out-of-town dogs suddenly expected to learn new tricks. For while the new rules would surely have permitted a shoulder tap to correct Hot Rod Charlie, these guys have decades of wiring to unpick.

Yet perhaps such an extreme and abrupt change only felt necessary because of perennial failure to address the issue more temperately. As ever, no doubt, that's partly because of fragmentary regulation. In Britain, in contrast, some painful learning experiences have eventually evolved and engrained a riding ethic that is far less offensive, aesthetically, while no less effective. (And that's on turf, obviously. Arguably the whip is a far less effective propellent on dirt anyway.)

True, there wouldn't be much point obsessing over the cosmetics of the whip if the alternative is a grotesque breakdown on national primetime. Regardless of the precise causality, then, let's hear it for the vaulting athleticism of Midnight Bourbon. No horse is an island, either, and his lightning dexterity (especially as such an imposing horse) in preserving both himself and a stricken rider potentially prevented much incidental harm to the sport as a whole.

Whatever else it may be lacking, this sophomore crop is full of character. And conceivably Midnight Bourbon did as much for his prospects as a stallion, in somehow springing back off the canvas, as he might in actually winning.

He will again be shouldering a community burden when he does go to stud: his sire's legacy is looking fairly precarious, and so too the male line not just of Man o' War, but even that of the Godolphin Arabian. But, he'll be an easy stallion to support, as such a physically striking son of the mare who gave Tale Of Ekati his only domestic Grade I success (Girvin, as it happens in the Haskell), and underpinning the amazing buoyancy he showed last week with precisely the kind of old-fashioned mettle we have just been lamenting in the wider breed. Sunday, in fact, is the anniversary of his debut: and in the past year he has shown up and run his race 10 times out of 10, including with that horrible trip into sixth in the Derby.

In time, Midnight Bourbon will no doubt be marketed as a Grade I-placed juvenile, though strictly beaten nearly 14 lengths when third in the Champagne S. Mind you, Following Sea (Runhappy) is now a Haskell runner-up having been beaten a city block after retreating into fourth. But I guess you catch whatever bouquets happen to be thrown your way.

And that's why we congratulate those fielding the only three fillies against Malathaat (Curlin) at Saratoga. At least two are guaranteed a Grade I podium. And Rockpaperscissors is already a precious broodmare prospect, by the venerable Distorted Humor out of the only daughter left by the dam of Funny Cide (himself, of course, by the same sire). Despite two Grade I-placed siblings, WinStar could not find a buyer for her as a yearling, retaining her at $125,000. Instead, she was drafted by WinStar Stablemates, which achieved that amazing exacta in a photo for this race last year between Paris Lights (Curlin) (also RNA as a yearling) and Crystal Ball (Malibu Moon).

Crystal Ball was then trained by Bob Baffert, but will be saddled by Rodolphe Brisset in the GIII Shuvee S. on Sunday–the same day that another Baffert migrant, the muted “talking horse” Bezos (Empire Maker), makes his barn debut at Ellis Park. It's an exciting week for Brisset, ending with a Travers rehearsal for Classic Empire's brother Harvard (Pioneerof The Nile). And while he is perfectly aware that his filly may prove to be paper against the Malathaat scissors, there's a difference between an unbeaten filly and an invincible one.

Certainly, the GI Kentucky Oaks winner is being more sparingly campaigned than Midnight Bourbon, but both are contributing to another stellar year for breeders Stonestreet. That firm is another to have been vindicated in retaining a yearling, Beau Liam (Liam's Map)–a $385,000 RNA at Keeneland–having blown the speedfigure doors off at Saratoga last weekend. But whatever else is achieved this year by graduates of their program, for now the toast (plenty of ice please) must be Midnight Bourbon.

With his build and commitment, he could well repay a third campaign after the manner of the same connections' Gun Runner (Candy Ride {Arg}). For now, however, he has already done us all a favor. When he buckled, it felt like we were all on his back; and when he somehow retrieved his feet, we shared a gasp of relief. In so many respects, it can feel like our sport finds itself at 10 minutes to midnight. But if it's later than we'd like, horses like this one suggest that it's not yet too late.

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‘Silver Lining’: Due To EHV Disruption At Saratoga, Swiss Skydiver Will Aim For Whitney

Trainer Kenny McPeek told the Thoroughbred Daily News on Wednesday that he plans to start star filly Swiss Skydiver in the Grade 1 Whitney Stakes on Aug. 7 at Saratoga. The 4-year-old Daredevil filly had been targeting this Sunday's G3 Shuvee at the Spa, but entries from Barn 86, where McPeek's horses are stabled, are currently not being accepted due to an EHV-1 quarantine.

The New York Racing Association, Inc. (NYRA) and the New York State Gaming Commission (NYSGC) placed Barn 86 under a precautionary quarantine on Thursday, July 15 due to a positive case of Equine Herpesvirus-1 (EHV-1) in that barn.

The unnamed, unraced filly, who is trained by Jorge Abreu, was sent to Rood & Riddle Equine Hospital on Sunday, July 11, after developing a fever. She was then tested for a number of potential ailments, and a positive test for EHV-1 was returned on Thursday, July 15. The filly is currently recovering.

Subsequently, the New York State Veterinarian and New York State Equine Medical Director implemented a 21-day quarantine of Barn 86 retroactive to Sunday, July 11. Should there be no additional cases in Barn 86, the quarantine will be lifted on Aug. 1.

The 46 horses stabled in Barn 86, which is home to stalls for Abreu and trainer Kenny McPeek, will continue to be monitored daily for fever and other signs of illness. As of Tuesday, July 20, no horses in Barn 86 have developed a fever or displayed any symptoms of the illness.

Horses from Barn 86 have been allowed to train, with separate training hours from the general population.

McPeek believes the nine furlongs of the Whitney would be a good fit for Swiss Skydiver, and noted that she has been training well. The filly has not raced since finishing third in the G1 Apple Blossom on April 17.

“There might be a silver lining to this after all,” McPeek told the TDN.

The Whitney is a “Win and You're In” race for the Breeders' Cup Classic this November at Del Mar.

Read more at the Thoroughbred Daily News.

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