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Horseplayers Sue Baffert, Zedan Racing Over Medina Spirit Drug Test

Four horseplayers have filed a class-action lawsuit against trainer Bob Baffert and Medina Spirit's owner, Zedan Racing, over the results of the May 1 Kentucky Derby in which Medina Spirit finished first but now is in jeopardy of being disqualified after Baffert revealed the horse failed a post-race drug test.

The suit was filed in U.S. District Court for the Central District of California by 2012 National Horseplayers Championship winner Michael Beychok of Louisiana; Justin Wunderler of New Jersey (known on Twitter as frequent Baffert critic @SwiftHitter); Michael Meegan of New York; and Keith Mauer of California. They allege they were denied winning bets on the Kentucky Derby in amounts ranging from $100 to as much as $100,000 because of Baffert's “multiple and repeated acts of doping and entering horses into Thoroughbred races, including the Kentucky Derby” that the complaint said constitutes “racketeering activity” under the federal Racketeer Influenced and Corrupt Organizations Act (RICO) and laws of the state of California, where Baffert and his stable are based.

Their bets were placed on Mandaloun and other horses in various wagering pools, but were deemed losers when Medina Spirit crossed the wire first and was declared the “official” winner. Eight days after the Derby, Baffert revealed that the 3-year-old Protonico colt tested positive for the corticosteroid betamethasone and Churchill Downs issued a statement immediately suspending Baffert from racing at the Louisville, Ky., track while the matter is being investigated. While only stewards representing the Kentucky Horse Racing Commission may disqualify horses, the track's statement said Medina Spirit would be disqualified from his Derby win if a split sample confirms the presence of the drug.

The suit was also filed on behalf of “all others similarly situated,” more specifically, “All Kentucky Derby bettors who would have won their bets and winnings had Medina Spirit been properly prohibited from competing in the Kentucky Derby…or competed without the aid of an illegal drug.”

Betamethasone is a legal therapeutic medication used to treat various maladies in horses but its presence is not permitted at any level in post-race drug tests. Baffert first claimed the horse or test sample were contaminated with betamethasone and days later said the positive test may have been caused by a prescription ointment, Otomax, that includes betamethasone as an active ingredient. Baffert said the ointment was used to treat dermatitis after Medina Spirit raced in the Santa Anita Derby on April 3.

In addition to allegations that Baffert violated the federal RICO Act through an enterprise with Zedan Racing “engaged in activities affecting interstate commerce,” the plaintiffs also claim they and the class members were defrauded by a “misrepresentation” by Baffert in November 2020 after a series of medication violations that he was retaining Dr. Michael Hore to “ensure rule compliance” for his stable. A news report earlier this week claims that did not happen.

The plaintiffs are asking the suit to be certified by the court as a class action case and seeking damages that include monetary relief for attorney fees and other expenses, injunctive relief “enjoining the Baffert defendants from engaging in any further racketeering acts,” Imposition of “reasonable restrictions” on Baffert's future activities in Thoroughbred racing, payment to the plaintiffs and class members for money they would have won “but for the illegal doping of Medina Spirit,” plus treble and punitive damages.

Craig Robertson, attorney for Baffert, said the lawsuit was “completely frivolous and without legal merit.”

Read the complaint here

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Irwin: Medina Spirit Positive Test A Shot Heard ‘Round The World

What's the deal with Bob Baffert and his rash of positives over the past year or so, during which time he has run afoul of the rules on five occasions?

Is Bob just unlucky? Is he running a sloppy shop? Are his vets dropping the ball on his behalf? Are the racetracks, racing regulators or racing associations somehow out to get him? Is he a victim of some sort of foul play?

Or, as the subject himself said after he announced over the weekend that his Kentucky Derby winner has tested positive for betamethasone (now where have we heard the name of that drug before, hmmm?), “…there's definitely something wrong. Why is it happening to me?”

Although lacking first-hand knowledge, experienced horsemen and vets with whom I have spoken ever since the betamethasone overage was revealed, to a man believe that the positive finding is a result of Baffert's Derby winner being injected in a joint (ankle or hock) too close to Kentucky Derby Day.

The vets' conjecture is that Baffert took a chance that the unpredictable and unreliable nature of the drug used would not rear its ugly head before the race and hopefully go undetected in the post-race analysis. They say that even if the withdrawal time is closely adhered to and even if a few extra days are tacked on, betamethasone reacts differently in every horse based on the make-up of its bodily systems. In other words, the recommended withdrawal times are best guesses and not carved in stone.

So, these vets believe, Baffert may have just taken a shot.

Or Baffert, in his arrogance, may have figured that even if a trace showed up it just might be ignored, because after all it was the Derby, and popular myth says that anything goes in the Derby.

Arrogance in the case of Baffert is completely understandable. Why wouldn't he be arrogant? He keeps getting in trouble and he keeps escaping unscathed. When this happens time after time after time after time, the escapee tends to become a bit unwary of possible pitfalls that might stand in his way. He becomes emboldened.

Within days after Baffert had basically skated from his two lidocaine positives in Arkansas, an emboldened Baffert (opined the experts) may have had betamethasone injected into a joint of Medina Spirit.

If Baffert, or Baffert at his direction to his vet, did in fact order the injection, he took a risk not just for himself and the horse's owner, but this time for the well being of the entire Thoroughbred industry. Now that would be total arrogance, because today there is not a major news outlet that did not cover Baffert's Derby positive in the shot heard 'round the world.

The arrogance required for such an act can come from one who feels that the rules do not apply to him.

Seemingly forever in Thoroughbred racing the phrase “nobody is bigger than the game” has been axiomatic. Well, I humbly submit to the readers that Baffert not only thinks he is bigger than the game, the ruling in Arkansas more of less proved it to be true.

Now, all of a sudden, seemingly out of the blue, Churchill Downs racetrack—an outfit known forever as an entity that would do and say anything to protect the sanctity and history of The Derby — has stepped up and closed its entry box to Bob Baffert until the current mess can be straightened out.

As excited as I am about the impending seating of the board and standing committees of the Horseracing Integrity and Safety Authority in advance of getting it up and running next summer, this advent of Churchill Downs taking responsibility in the aftermath of the Derby positive is just as riveting and exciting. I for one look forward to following the Baffert positive in the days, weeks, months and, likely, years to come, as Baffert will no doubt once again fail to take responsibility for his own actions and place the entire industry in peril.

Barry Irwin is the founder and CEO of Team Valor International

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Gary Young On OBS Bargain Purchase Winning Kentucky Derby: ‘I’ll Remember That Moment For My Entire Life’

Veteran bloodstock agent Gary Young is still living on a proverbial Cloud Nine following Medina Spirit's victory in last Saturday's $3-million Kentucky Derby presented by Woodford Reserve (Grade 1).

Young, who is based in Southern California, purchased the Florida-bred Protonico colt for a mere $35,000 as a 2-year-old at the 2020 OBS July Sale for Amr Zedan.

“Jockey Victory Espinoza actually helped bridge the relationship with Mr. Zedan,” Young said. “He's a lifelong horse lover and he felt like he wanted to get back in the game. He met (Bob) Baffert in Saudi Arabia a couple years ago and he decided to take another swing at the game. The first sale we went to (2020 OBS April) he gave me a budget of $1 million and I got there that day and sometimes you hear rumblings about potential top sales prices around the sale. I called him about the two horses we marked down and told him there was a chance we wouldn't get both for that price and one may go for more than the budget.”

Young was correct and their first purchase was future Grade 1-winning filly Princess Noor, who dropped the hammer at $1.35 million. Princess Noor subsequently retired at the end of 2020 due to an injury but was pronounced in foal Friday to top stallion Into Mischief.

Following Princess Noor's purchase, Young returned to the sales ring to the rescheduled OBS July Sale. Because the sale was delayed by the COVID-19 pandemic, Young only had 12 horses marked down in his catalogue to look at following the breeze preview days.

“After the last day of the preview I walked out of the sale similar to Rocky Balboa walking back to the corner after Apollo beat him up,” Young said. “I called Mr.Zedan and he asked me if I remember seeing a horse by Protonico breeze. It was easy to remember because there was only one horse by Protonico in the sale and he was one of the 12 horses I wrote down to look at. He told me his friend stands the stallion and asked if I could go look at him.

“In his sales breeze he kept his rhythm very well to the wire and actually continued out well to the seven-eighths pole. I have the catalogue of that sale and on the page for (Medina Spirit) I wrote, 'natural router stride.'”

When Young arrived to look at Medina Spirit prior to the sale, he noted his dark color like his sire Protonico. On the day of the sale, Young purchased Medina Spirit and he was shipped to Southern California to Baffert.

“I'm glad Mr. Zedan chose me to work with but even more importantly he chose Bob,” Young quipped.

Young arrived to Louisville eight days prior to this year's Kentucky Derby – the same time his prized purchase walked off the van to begin his final preparation for the “Run for the Roses.”

“I kept coming home to the hotel room all week knowing this horse would run well,” Young said. “In the Derby, I knew there wasn't a lot of speed inside of us. We knew Mandaloun had some speed but we thought Brad (Cox) would instruct (Florent Geroux) get him to relax. Rock Your World, who I considered our main opposition, got left leaving the gate.

“Down the backside you start looking around who's traveling well behind you. I could see Mandaloun was a different horse than the Louisiana Derby. He was probably pulling more than you like but he was running. Then, I noticed Flavien (Prat) on Hot Rod Charlie was traveling beautifully. Essential Quality was a little further out than Medina Spirit, Mandaloun and Hot Rod Charlie.”

Young's mere $35,000 purchase gamely turned back his rivals down the stretch for a half-length victory in the Kentucky Derby.

“I remember seeing Mr. Zedan after the race just fall to his knees in pure jubilation,” Baffert said. “What a humble man. We couldn't be happier for him.”

Young was noticeably hoarse Sunday morning following the Derby celebration.

“You can't put into words what winning the Kentucky Derby means,” Young said. “Life has been so good to me. I've been around so many talented people and horses. In the past I've been fortunate enough to win many Grade 1 races but there's only one Kentucky Derby and I'll remember that moment for my entire life.”

Medina Spirit will face his next test in next Saturday's Preakness Stakes (G1) at Pimlico. He returned to training Wednesday at Churchill Downs and will ship to Baltimore, Md., Monday afternoon.

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Medina Spirit 20th Santa Anita Derby Runner To Win the Roses At Churchill Downs

Bob Baffert-trained Medina Spirit, upset winner of Saturday's Grade 1 Kentucky Derby with John Velazquez aboard, not only provided Baffert with his record seventh Derby win and Velazquez with his fourth, he also became the 20th horse to exit the G1 Santa Anita Derby and go on to win the Run for the Roses.

Second, beaten 4 ¼ lengths by Rock Your World as the 4-5 favorite going 1 1/8 miles in the Runhappy Santa Anita Derby April 3, Medina Spirit, a Florida-bred colt by Protonico, out of the Brilliant Speed mare Mongolian Changa, was purchased for just $35,000 out of the 2020 Ocala Breeders' Sales Co.'s July Two-Year-Olds and Horses of Racing Age Sale on the recommendation of Santa Anita-based private clocker and bloodstock agent Gary Young.

A gate to wire winner of the Derby by a half length, Medina Spirit, off at 12-1, returned $26.20 to win while covering a mile and one quarter in 2:01.02.

A first-out maiden winner going 5 ½ furlongs at Los Alamitos Dec. 11, Medina Spirit, who is owned by Zedan Racing Stables, demonstrated the gameness that has now enabled him to become a Kentucky Derby winner when running a close second to stablemate and early Derby favorite Life Is Good in the G3 Sham Stakes at one mile at Santa Anita on Jan. 2.

A subsequent neck winner of the G3 Robert B. Lewis Stakes at 1 1/16 miles on Jan. 30, Baffert stayed home with Medina Spirit in the G2 San Felipe Stakes March 6 and he finished a well beaten second to Life Is Good.

Although Baffert downplayed Medina's Spirit's chances leading into Saturday's Derby, he and Velazquez made the decision to let the colt roll on the front-end, instead of trying to ration his speed as was done when he was beaten 4 ½ lengths by Rock Your World in the Santa Anita Derby.

“I was counting on his heart,” said Baffert early Sunday morning from Louisville. “He shipped well. He had to run his A-game and he brought it. He sort of ran the same race he ran in the Robert Lewis. He fought everybody off in the Lewis and did the same thing yesterday. It was unbelievable, a great feeling, because I'm used to going in there with the heavyweights, the favorites and all that.”

Young, who was also reached early Sunday in Louisville, touched upon the Derby-winning strategy.

“There wasn't much speed inside of him,” Young said. “Plan A was to go to the lead, and the horse I feared most in the race (Rock Your World), got eliminated at the start…Medina has a lot of ability, but what takes him to the next level is his heart. He never let a horse get in front of him yesterday, not even on the gallop-out.”

Private clocker and bloodstock agent Gary Young

Although John Sadler-trained Rock Your World finished a disappointing 17th after a rough start, Doug O'Neill-conditioned Hot Rod Charlie finished third, beaten one length under the Santa Anita meet's leading rider Flavien Prat, making for a 1-3 finish for Santa Anita-based runners.

Dating back to O'Neill's I'll Have Another in 2012, an amazing seven out of the last 10 Kentucky Derbies have now been won by Southern California-based horses and Baffert, who has now won four out of the last seven runnings, added Medina Spirit to a Kentucky Derby trophy case that already included Silver Charm (1997); Real Quiet (1998); War Emblem (2002); American Pharoah (2015); Justify (2018) and Authentic (2020).

In becoming the 20th horse to use the Santa Anita Derby as a prelude to glory at Churchill Downs, Medina Spirit joins an illustrious roster of local Derby alumni: Gallahadion (13^th, 1940); Hill Gail (1^st, 1952); Determine (1^st, 1954); Swaps (1^st, 1955); Lucky Debonair (1^st, 1965); Majestic Prince (1^st, 1969); Affirmed (1^st, Triple Crown winner 1978); Gato Del Sol (4^th, 1982); Ferdinand (3^rd, 1986); Winning Colors (1^st, 1988); Sunday Silence (1^st, 1989); Silver Charm (2^nd, 1997); Real Quiet (2^nd, 1998); Charismatic (4^th, 1999); Giacomo (4^th, 2005); I'll Have Another (1^st, 2012); California Chrome (1^st, 2014); Justify (1^st, Triple Crown winner 2018); Authentic (2^nd, 2020) and Medina Spirit, second in this year's Santa Anita Derby.

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