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In Baffert Case, Sides Haggle Over Urine Sample

Lawyers representing the Kentucky Horse Racing Commission (KHRC) and Bob Baffert squared off before Franklin Circuit County Judge Thomas Wingate Friday morning in a dispute over whether or not additional urine samples from Medina Spirit (Protonico) from the GI Kentucky Derby should be made available to the defendants' lawyers and, if so, in what quantity?

The Baffert team has asked for an additional urine sample because it believes further testing can prove that the drug in question, Betamethasone, found its way into Medina Spirit through an ointment used to clear up a skin condition and not through an injection. The KHRC argued that it needs to retain what's left of Medina Spirit's urine sample in case there is a need for further testing on its part or some sort of unforeseen problem related to testing.

Wingate asked the two sides to negotiate and come to a compromise. He said that if the sides could not agree, he would issue a ruling Wednesday. Wingate made it clear that he wants at least some of the urine to be handed over to the Baffert team.

“You sort of see where I am going and I think that if you come up with something more palatable and are afraid of how I am going to rule then do it. Fair enough?” Wingate said.

The hearing was held over Zoom and, at times, only Wingate could be heard clearly. For the most part, the statements made by KHRC attorney Jennifer Wolsing were inaudible.

The lawyers representing Baffert and Medina Spirit's owner, Amr Zedan, are building a case that the drug got into the colt's system through the ointment. They have said that would be the sort of mitigating circumstances needed to conclude that there was no attempt to improve the horse's performance, reason enough for Baffert to be exonerated and the original order of the Kentucky Derby to be upheld.

Also at issue is whether or not it matters where the Betamethasone came from. The courts and the KHRC might ultimately decide that is irrelevant, that the very presence of the drug is enough to warrant a disqualification, no matter the source of the drug.

“The rules of the Kentucky Horse Racing Commission are clear,” said Baffert's lawyer Craig Robertson. “Some 63 times in their rules it states that a trainer is allowed to present mitigating circumstances in consideration of a penalty. Proving that this was an ointment and it did not come from an injection is, at the bare minimum, a mitigating circumstance. We should be allowed and should be entitled to present that evidence and obtain that evidence to scientifically prove these facts.”

Robertson also touched upon public perceptions involving this case and the potential damage that could be done to Baffert's reputation.

“From a public perception perspective, my client has been excoriated unfairly and publicly about this and he's been accused of injecting this horse to cheat to win the Kentucky Derby,” Robertson said. “That this is a banned substance. That this is doping. None of which is true. We have an opportunity to get scientific evidence to prove that it's not true and they're trying to keep us from doing that. That's not fair.”

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The Friday Show Presented By Monmouth Park: Tinker With The Triple Crown?

If it ain't broke, don't fix it.

That seems to be the prevailing attitude toward American horse racing's Triple Crown whenever agents of change suggest tinkering with the timing or distances of the trio of 3-year-old classics.

In an era when trainers are looking for a minimum of four to five weeks between races, is a Triple Crown that has three races over five weeks going to get the best, most competitive fields? No horses this year ran in all three races and it has become almost standard operating procedure for horses who lose the Derby to skip the Preakness. In other words, while many think the Triple Crown ain't broke, there are those who believe it ain't what it used to be, either.

In this week's edition of the Friday Show, publisher Ray Paulick and bloodstock editor Joe Nevills are joined by Jennifer Kelly to discuss possible changes to the Triple Crown. Kelly, in addition to having just joined the Paulick Report team as weekend editor, is the author of “Sir Barton And The Making Of The Triple Crown,” a biography of the first horse to sweep the Kentucky Derby, Preakness and Belmont Stakes. She's currently working on a second Triple Crown book focusing on Gallant Fox and Omaha.

Nevills and Paulick also unveil the Star of the Week, brought to you by Woodbine, which gets its 2021 meet under way on Saturday.

Watch this week's show, presented by Monmouth Park, below:

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Cox: Kentucky Derby Runner-Up Mandaloun Using Pegasus To Build Fitness, Prep For Haskell

Trainer Brad Cox is looking for Sunday's TVG.com Pegasus Stakes at Monmouth Park to serve a dual purpose for Kentucky Derby runner-up Mandaloun.

One is to get some added fitness into his speedy 3-year-old, who has been idle since May 1. The other is to give the son of Into Mischief a race over the track.

Both are key elements in setting up Mandaloun's next start: The $1 million TVG.com Haskell Stakes on July 17, the Grade 1 race that serves as the centerpiece to the Monmouth Park meet.

“I want him to get some experience at Monmouth and I'm looking to use the race as a fitness tool, as a prep from the Haskell,” said Cox, who plans to fly in from Kentucky on Sunday morning to watch the race in person. “I didn't want to go 11 weeks without a race. This was the race we thought made the most sense on the calendar.”

The 40th edition of the Pegasus Stakes, at a mile and a sixteenth for 3-year-olds, has a recent history that suggests Cox's horse will have to earn whatever he gets.

Two years ago, disqualified Kentucky Derby winner Maximum Security finished second as the 1-20 favorite to King for a Day in the Pegasus Stakes before going on to win the Haskell.

Mandaloun, a Kentucky-bred colt owned by Juddmonte, sports a 3-1-1 line from six career starts with earnings of $961,252. He will enter the Pegasus off a six-week layoff.

“He's doing great,” said Cox. “Obviously we wouldn't be coming if he wasn't doing well. He ships today (Thursday) and hopefully he will get settled in quickly and be ready for Sunday.”

These are heady times for Cox, who is also mapping out a schedule for Belmont Stakes winner and last year's 2-year-old champion Essential Quality. Cox's plans have Essential Quality shipping to Saratoga in July and pointing to the Travers Stakes.

As hectic as it is for him, Cox would not have it any other way.

“I love everything about it,” he said. “It's why you get up and do this and spend so much time and effort and basically dedicate your life to it. It's the big stage.

“For me, 3-year-olds on the dirt going two turns, that's what it is all about. This is the division I like. The Triple Crown is a challenging thing for horses and it takes special horses to compete at that level. I feel very fortunate to be a part of it.”

Mandaloun's stalking, close-to-the pace running style looks to be well suited for Monmouth Park, too.

“He is usually forwardly placed,” said Cox. “Any time you have speed like he does it's a big advantage. I'm not saying he is going to be on the lead in this race but he will be near the lead I'm sure. Any time you have his running style it normally puts you in a good position.”

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View From The Eighth Pole: Lasix-Free Triple Crown A Step In Right Direction

With so much attention focused on the drug test that could lead to the disqualification of Kentucky Derby winner Medina Spirit, there's been barely a peep about how American racing managed to get through a Triple Crown season with all of its participants competing free of race-day furosemide, the anti-bleeding medication better known as Lasix.

It wasn't just the Kentucky Derby, Preakness and Belmont Stakes that were run Lasix-free. Official qualifying points races for the Derby also were run with a Lasix ban (or, in some cases, if owners and trainers chose to have the diuretic given to their horses, those horses would not qualify for points).

Grindstone was the last horse to win the Kentucky Derby without being administered Lasix four hours prior to the race. That was in 1996, when five of the 19 Derby starters raced Lasix-free. Since then, an increasing number of Derbies has been run with 100% of the starters competing on Lasix, the only recent exceptions being foreign-based runners.

The move toward Lasix-free racing of 2-year-olds in 2020 and stakes races in 2021 came about two years ago when a coalition of racetracks and industry organizations issued a statement saying they were committed to more closely aligning U.S. medication policies with international standards. Lasix is not permitted on race day in Europe, Asia, or Australia/New Zealand and is being phased out in some Latin American countries.

There was opposition to the change, led by the Kentucky Horsemen's Benevolent and Protective Association, which sued the Kentucky Horse Racing Commission, Churchill Downs and Keeneland. The horsemen's organization claimed its members would suffer “irreparable injury” if their horses were required to race without Lasix. A judge ruled against the HBPA.

Horses will experience exercise-induced pulmonary hemorrhage, whether they are treated on race-day with Lasix or not. A scientific study from South Africa published in 2009 showed that race-day administration of the drug reduced the incidence and severity of EIPH. But 57% of the horses in that study still experienced EIPH after being treated with Lasix (compared to 79% given a saline solution as a placebo).

There were warnings from some Lasix advocates that it would be inhumane to not treat a horse with the drug, that we would start seeing more horses bleeding from the nose when they come back to be unsaddled after a race.

For the most part, the protests against the change have been much ado about nothing. Horses have bled, just as before, the majority of incidents detected through a post-race endoscopic examination. Visible bleeding from the nose has not occurred with the frequency many predicted would happen. Trainers have adjusted and racing goes on. Some have said their horses bounce back more quickly after a race without Lasix because they haven't sustained the loss of fluids that result from administration of the diuretic.

This isn't a game changer. Prohibiting Lasix will not get rid of horse racing's drug problems. But it's a step in the right direction and a further sign that the liberal medication policies of the past involving anti-inflammatories, anabolic steroids, bronchodilators and other so-called therapeutic drugs were misguided and a disservice to the sport.

That's my view from the eighth pole.

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