Baffert Legal Team Optimistic After KHRC Hearing

A full 289 days after the running of the 2021 GI Kentucky Derby, the Churchill Downs stewards finally got around Monday to holding a closed-door hearing regarding the positive post-race test for Medina Spirit (Protonico). And while a decision may not be imminent, Clark Brewster, the lawyer representing trainer Bob Baffert, emerged from the hearing hopeful that his side will prevail.

“Upon an honest and fair-minded review, Bob Baffert and Medina Spirit will be fully exonerated,” Brewster wrote in a text.

As has been the case with the Kentucky Horse Racing Commission (KHRC) since the running of last year's Derby, the hearing was shrouded in secrecy, which left many questions unanswered. Brewster said he did not know when a decision would be announced.

“How long is a string?” he texted, using a phrase that meant he did not know the answer and did not want to venture a guess.

Medina Spirit tested positive for the medication betamethasone.

Should the Churchill stewards decide to disqualify Medina Spirit, Brewster, Baffert and owner Amr Zedan would have the option of appealing the decision to an administrative law judge. It seems likely that's an option they would take in a legal battle that could drag on interminably.

At first Baffert denied that Medina Spirit had ever been treated with betamethasone, but then changed his story. He said the horse was treated with a skin ointment before the Derby to deal with a rash and the ointment contained betamethasone. The Baffert team subsequently had a split sample from the race tested and said it proved that the betamethasone came from the ointment, which meant that it was not injected into the horse, something that, possibly could have improved performance. The stewards may decide that it does not matter where the drug came from and that its presence in Medina Spirit warrants a suspension, no matter the circumstances.

“We are now left to trust that the stewards will apply the uncontroverted facts to the Kentucky Racing rules as they are written,” Brewster said in his text. “Medina Spirit was treated by veterinarian prescription with a topical salve for a skin infection. The Kentucky rules expressly permit use of topical salves and the treatment given to Medina did not violate any rule. The post-race specimen positive reporting 21 picograms of betamethasone was caused by the topical salve. The Kentucky Rules (and all other jurisdictions) restrict only Betamethasone Acetate or Sodium Phosphate (which appears in a horse's system when injected with betamethasone). These formulations are Injectable solutions into a horse's intra-articular joint. Medina Spirit was never injected with betamethasone and the evidence presented today proved that conclusively.”

Brewster wrote that Baffert has been treated unfairly.

“The false narrative regarding this case was sprung early and spread widely by uninformed or malevolent accusers and spread by careless reporting,” he said.

Even should the stewards decide to maintain Medina Spirit as the winner, Baffert could still be on the outside looking in when it comes to the 2022 and 2023 Derbies. He is under a two-year suspension issued by Churchill Downs and the track would be under no obligation to lift its ban if Baffert is cleared by the KHRC.

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Empire Strikes Back with Morello

If the early trials have produced a Derby horse to “rise without trace,” then that might well turn out to be Morello (Classic Empire). As winner of two sprints round Aqueduct this winter, he obviously still has a long way to go–in every sense. But there's no mistaking his raw talent, nor the fact that we have only seen the tip of the iceberg even in that very stylish exhibition in the Jimmy Winkfield S.

Certainly Morello looks eligible to restore some deserved attention to his sire. Though they're all gasping in the wake of the phenomenal Gun Runner, to me Classic Empire has been rather neglected among the four Ashford sires who featured among the next six in the freshman's table last year. He's standing this year at $17,500–half his opening fee–and his fourth book came in at less than half of that assembled by Practical Joke, who has duly produced exactly the kind of precocious stock anticipated by all that sales buzz.

Yet Classic Empire laid very solid foundations with his first crop of juveniles, lacking only the kind of headline horse that so often covers a multitude of sins. Collectively they ranked fourth by prizemoney from 60 runners, fewer than each of his studmates: Practical Joke fielded 68, Cupid 75 and Caravaggio, having started his career in Europe, as many as 81. Five of Classic Empire's 21 juvenile winners earned black type, including Classy Edition, who followed up her debut win at Saratoga with a couple of state-bred stakes.

She had made $550,000 as a Timonium 2-year-old, in the same session where Morello–who had similarly clocked :10 1/5–realized $250,000 from BL Racing out of the Sequel Bloodstock draft. (He races in the silks of Blue Lion Thoroughbreds, Craig and Victoria Taylor.) That concluded his second pinhook cycle, having made $200,000 as a yearling at Fasig-Tipton the previous year (sold to Autrey Bloodstock by Paramount Sales, in the same consignment as GII San Vicente S. winner Forbidden Kingdom {American Pharoah}); and $140,000 when sold to American Equistock through Betz Thoroughbreds as a Keeneland November weanling.

Morello was bred in partnership by Robert Tillyer, who has meanwhile returned to Dixiana as farm manager after 18 years with Betz Thoroughbreds, and reproductive veterinarian Dr. Chet Blackey. They had bought his dam Stop The Wedding (Congrats), a winner just once in 25 starts at claiming level, after breeding a good one from her half-sister Saint Bernadette (Saint Ballado).

Saint Bernadette had cost them just $20,000 from Adena Springs as a 10-year-old at the 2009 Keeneland November Sale and the following spring they sent her to the rookie Pioneerof The Nile. The result was eventual GI Preakness S. third Social Inclusion, who prompted Tillyer and Blackey to move privately for his dam's half-sister after he broke the Gulfstream track record in thrashing Honor Code (A.P. Indy) in an allowance on his second start.

Saint Bernadette became something of a goldmine thereafter. A brother to Social Inclusion made $475,000 as a yearling; a Curlin colt brought $575,000; and her last foal, a filly by American Pharoah, realized $425,000.

“We just felt she was one of those mares that deserved a chance,” recalls Tillyer. “She'd been graded stakes-placed, she was never off the board in eight starts, one of her early foals had made good money, and she was very attractive herself. So we got lucky, managing to buy her for that money and then breeding her to Pioneerof The Nile when he was just getting started. And then we got lucky again breeding her to Curlin, who was still only $35,000, and would then make a great comeback before we sold that colt.

“Sadly we lost Saint Bernadette a couple of years ago, and overall she was just a bit unlucky with some of her offspring on the track. And it had looked like becoming a similar thing with Stop The Wedding. We were getting to the point where she was on the bubble, commercially, and opted to sell Morello as a weanling. He was always a lovely colt, really classy, and it was nice to see everybody making some money. Obviously Pat Costello [of Paramount] did a great job raising him, and I think he could have probably got a little more for him but for hitting the middle of a pandemic.”

As a son of Pioneerof The Nile, Classic Empire had been chosen for Stop The Wedding to try and hit the same kind of chord with the family as Social Inclusion.

“It was the usual thing of deciding what was going to be commercial, and what we could afford,” Tillyer says. “With where the mare was at the time, we couldn't justify Pioneerof The Nile [standing at $110,000 prior to his premature loss the following year], so we went with his son as the next best thing. Classic Empire was obviously a really talented horse, so it all made sense.”

If Tillyer's record is anything to go by–besides being ahead of the curve with Pioneerof The Nile and Curlin, as just noted, he co-bred GII Fountain Of Youth winner Ete Indien (Summer Front) from a $23,000 mare–then his approval augurs well for Classic Empire. But even the shrewdest horsemen need luck on their side and, having resolved to reorganise his own breeding interests on leaving Betz Thoroughbreds, he is now grateful that the market turned down the chance to buy Stop The Wedding at the 2020 Keeneland January sale. Instead, his good friend Nicky Drion stepped in to take a third after she failed to meet her reserve at $11,000, and she now boards at Foxtale Farm.

“I don't know what we'd have taken, to be honest, but obviously a lot more than she was making!” recalls Tillyer. “We knew she was a lovely mare. She's nice-sized, pretty correct in front, and every foal she's thrown has been beautiful. She's just been a bit unfortunate with her offspring on the track.”

Voric Stables also got lucky in picking up the Cairo Prince filly Stop The Wedding was carrying that day, deep in the September sale for just $16,000. They, too, will doubtless be following Morello's progress with enthusiasm.

“Yeah, it looks like he could be a good horse,” Tillyer says of Morello. “To me, knowing the family, he looks like a miler. But we'll see. Of course you'd love it if he can go a mile and a quarter. Time will tell and we're looking forward to seeing him in the [GIII] Gotham S. Mar. 5.”

With 50 starting points to the winner there, Morello could make it hard to turn down a tilt at the Derby. His first two dams are both by sons of venerable Classic influences in Congrats (A.P. Indy) and Runaway Groom (Blushing Groom {Fr}), and his fourth dam is by the sturdy turf/stamina influence Assagai. And of course Classic Empire, though a champion juvenile (and as precocious as they come from that sire-line), was consolidating as you would expect from his beautifully balanced pedigree when unfortunately derailing after a head defeat in the GI Preakness S.

Besides extending a resonant Classic sire-line, his maternal family is seeded through its first four generations by Cat Thief, Miswaki, Hoist The Flag and Princequillo. His third dam is a half-sister to champion sophomore filly Revidere (Reviewer) and the fifth dam, Alanesian (Polynesian), also features along the bottom line of Harlan's Holiday, Boldnesian and Ride The Rails. The lasting imprint shared by that trio, through Into Mischief, Bold Reasoning/Seattle Slew and Candy Ride (Arg), qualify Alanesian as a real linchpin of the modern breed.

Overall I'm confident that Classic Empire, granted adequate support, will prove a most wholesome and progressive influence. We actually gave him a place on the Value Podium for this intake, in our annual winter survey of Kentucky stallions, and if that seems a dubious distinction then don't forget he has already caught up with his studmate Practical Joke once. Having dropped down the divisional standings when discarding his rider in the GI Hopeful S., where all the plaudits went to winner Practical Joke, he came through in the Fall to reduce his precocious rival to a distant third at the Breeders' Cup.

But credit for Morello is obviously shared by his breeders. For Tillyer to be involved on the early Derby trail for the second time in three years is quite a remarkable achievement, at the level he operates in what is only a sideline to his day job.

Ete Indien was co-bred with another good friend, Eric Buckley, and sold as a Keeneland September yearling for $80,000. His dam East India (Mizzen Mast) is still only 10. She is in foal to War Of Will and, so long as she doesn't deliver too late, eyeing a date with Gun Runner next. Her 3-year-old daughter by Runhappy, sold as a weanling for $100,000, progressed to win a Churchill maiden for Rusty Arnold in November and is evidently well regarded.

Tillyer stresses that it was Buckley who was strongly interested by East India's deeper family, her dam being a half-sister to the important producers Words Of War and Ascutney (both by Lord At War {Arg}). And he says there's no big secret to his own eye for a mare: you obviously want something that will throw a good physical, and you don't want two blank dams when you come to sell. Bottom line is that Tillyer relishes ventures like this, with his buddies, as a fun ancillary to working for the ambitious farm where he first started out in Kentucky (under a previous ownership) a couple of decades ago and where he has already presided over the sale of its first ever seven-figure yearling, at Keeneland last September.

“It's funny how things work out, and to come full circle this way is fun,” he says of his return to Dixiana. “Working for Bill and Donna Shively is a bit of a dream come true, they've done an amazing job putting together three farms and some very nice mares, and they're just great people to work for. I've been very lucky, all round, and I'm very thankful to the people who have supported me. Chet and I have been friends for 20 years now, he's always been one of my biggest supporters, always willing to go in on a partnership, whether it's a pinhook or a broodmare. When these things go right, it's a lot of fun. And this mare deserves a good runner.”

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From ‘Collector’s Item’ to Derby Trail Kingpin

The Week in Review by T.D. Thornton

Five months ago, when Classic Causeway (Giant's Causeway) caught bettors napping on the final Saturday of the Saratoga season by unleashing a 6 1/2-length, front-running smackdown at 13-1 odds in his first career start, trainer Bryan Lynch told TDN he knew he had a “collector's item” on his hands.

Although a shimmering debut didn't hurt, the significance of Lynch's appraisal was pegged to the colt being one of only three named foals from the abbreviated final crop of prolific sire Giant's Causeway.

Now, after a grace-under-pressure performance in the Feb. 12 GIII Sam F. Davis S. at Tampa Bay Downs that launched Classic Causeway into the elite-level tier of GI Kentucky Derby contenders, that assessment needs to be recalculated with the colt's sky's-the-limit potential carrying more weight in the equation.

The Sam Davis has never produced a Derby winner. Of late it's even gained a reputation as a “trap” race known for derailing some pretty decent Derby contenders. Going into this year's running, the last four favorites (and five of the last six) had lost the Davis. In fact, for one of them, the Davis was part of a dizzying 10-loss tailspin before an improbable mid-career turnaround. That would be the 2019 off-the-board chalk Knicks Go (Paynter), who last Thursday–three years and one day after his lackluster Davis defeat–got crowned as 2021's Horse of the Year.

The burden of favoritism had been too much to bear for Classic Causeway in his second and third lifetime starts, but each of those losing efforts left enough of a positive impression that the homebred for Kentucky West Racing (Patrick O'Keefe) and Clarke Cooper was capable of better things in his sophomore season.

In the GI Claiborne Breeders' Futurity S. Oct. 9, Classic Causeway ambitiously forged to the front from post 13 over Keeneland's short-stretch configuration for 1 1/16 miles when facing winners and attempting two turns for the first time. He lasted for third behind well-meant victor Rattle N Roll (Connect).

After Lynch schooled Classic Causeway to relax while still remaining a pace presence, the colt broke running from post one in the Nov. 27 GII Kentucky Jockey Club S. and showed he was capable of conceding the lead. Responding effectively in stalk mode, he tipped out to the three path on the far turn and was on the move with 'TDN Rising Star' and eventual winner Smile Happy (Runhappy) at the head of the lane. Classic Causeway couldn't match strides with a very impressive undefeated colt at Churchill Downs that day, but he gave Smile Happy a run for his money until the eighth pole and was hardly disgraced in defeat.

Off those efforts, a brief break, and a series of breezes up to seven furlongs at Palm Meadows, Classic Causeway was bet down to favoritism for the Sam Davis (his price actually drifted up twice during the running of the race, from 6-5 to 3-2 before closing at 8-5, which is something you rarely see happen to a front-running fave in a $600,000+ win pool). He flashed out of the gate like a pro, then was immediately confronted by a keyed-up long shot from the outermost post. Jockey Irad Ortiz, Jr. didn't use Classic Causeway overly hard to maintain the lead, but he didn't back away from the fight, either, allowing his colt to spar spiritedly at the head of a closely bunched pack of pursuers.

Classic Causeway ripped through the first quarter of the 1 1/16-mile race in a sprint-like :22.66, then toned down the middle two fractions to a more sensible :24.01 and :24.84, briefly losing the lead for a stride or two at the half-mile chart call. Still confidently handled at the head of the homestretch, he spun out to the three path, with three legitimate win threats hot on his heels.

One right-handed crack of the crop was enough to elicit an energetic spurt out of Classic Causeway three-sixteenths out, and when the colt drifted out to the five path while still in control, Ortiz gave him several more right-handed reminders upon cresting the furlong grounds, which had the effect of producing a “Wow!” gear that punctuated a visually impressive burst to the wire. The winning margin was 3 3/4 geared-down lengths in 1:42.80, good for an 88 Beyer Speed Figure.

Classic Causeway's fourth quarter split was :25.31. Of particular note was his in-the-clear final sixteenth in :5.98, the only sub-six-seconds clocking among this season's Derby preps at 1 1/16 miles from the Breeders' Cup onward.

“The [early] fractions had me a little bit worried,” Lynch said. “But his body language, the way his ears were twitching down the backside, gave me the feeling [Ortiz] had plenty of horse,” Lynch said post-race.

Lynch said Sunday morning that Classic Causeway is likely to return to Tampa in four weeks for the GII Tampa Bay Derby. “He's doing great,” the trainer said from his Palm Meadows stable. “He never left an oat and looks happy and spunky.”

Only Phantom Jet (1987), Speedy Cure (1991), Marco Bay (1993), Thundering Storm (1996), Burning Roma (2001) and Destin (2016) have accomplished the Sam Davis-Tampa Derby double.

Classic Causeway's win underscores the Kentucky Jockey Club as the key juvenile race among the preps for the '22 Derby. Two other colts from that race also scored in stakes in their next starts: Third-placer White Abarrio (Race Day) won the GIII Holy Bull S. at Gulfstream Feb. 5; sixth-place finisher Call Me Midnight (Midnight Lute) upset the GIII Lecomte S. at the Fair Grounds Jan. 22.

Smile Happy, the Kentucky Jockey Club S. winner, is currently rated No. 1 on the latest TDN Derby Top 12. He'll be in action this coming Saturday in an absolutely loaded edition of the GII Risen Star S. at the Fair Grounds. Three other Top 12 horses are entered, and Smile Happy will almost certainly have to win—and win emphatically–to keep from losing his top-of-the-totem-pole spot to Classic Causeway.

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Classic Causeway All the Way in Sam F. Davis

Classic Causeway (c, 3, Giant's Causeway–Private World, by Thunder Gulch), a good second when last seen in the GII Kentucky Jockey Club S. Nov. 27, ran to the money as the 8-5 favorite in Saturday's GIII Sam F. Davis S. at Tampa.

He shot out to the front from his inside draw and was hounded on the lead through fractions of :22.66 and :46.67. Still traveling nicely despite continued pressure rounding the far turn, he began to shake clear as they spun for home and took care of business from there to score by four good-looking lengths. Shipsational (Midshipman) was second; Volcanic (Violence) was third.

The final time for 1 1/16 miles was 1:42.80.

Saturday, Gulfstream
SAM F. DAVIS S.-GIII, $200,000, Tampa Bay Downs, 2-12, 3yo, 1 1/16m, 1:42.80, ft.
1–CLASSIC CAUSEWAY, 118, c, 3, by Giant's Causeway
               1st Dam: Private World (MSW, $166,058), by Thunder Gulch
               2nd Dam: Rita Rucker, by Dmitri
               3rd Dam: Darlease, by Temperence Hill
1ST BLACK TYPE WIN, 1ST GRADED STAKES WIN.
O-Kentucky West Racing LLC & Clarke M. Cooper;
B-Kentucky West Racing LLC & Clarke M. Cooper Family
Living Trust (KY); T-Brian A. Lynch; J-Irad Ortiz, Jr. $120,000.
Lifetime Record: GISP, 4-2-1-1, $301,100. Werk Nick Rating:
Click for the eNicks report & 5-cross pedigree.
2–Shipsational, 122, c, 3, Midshipman–Regal Approach, by
Thunder Gulch. 1ST GRADED BLACK TYPE. ($27,000 Wlg '19
KEENOV; $210,000 2yo '21 OBSMAR). O-Iris Smith Stable,
LLC; B-Bertram R. Firestone (NY); T-Edward R. Barker.
$40,000.
3–Volcanic, 118, c, 3, Violence–Pulpit Angel, by Pulpit.
1ST BLACK TYPE, 1ST GRADED BLACK TYPE. ($230,000 Ylg
'20 KEESEP). O-Breeze Easy, LLC; B-Don Alberto Corporation
(KY); T-Mark E. Casse. $20,000.
Margins: 3 3/4, 1, 1 3/4. Odds: 1.60, 7.80, 8.80.
Also Ran: Strike Hard, Golden Glider, God of Love, Little Vic, Kitten Mischief, Mr Rum Runner, Make It Big, Unpredictable Bay, Trademark. Scratched: Howling Time.
Click for the Equibase.com chart, the TJCIS.com PPs, or the free Equineline.com catalogue-style pedigree. VIDEO, sponsored by TVG.

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