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Gamine DQ’d from Oaks Third

Michael Lund's Gamine (Into Mischief) has been disqualified and purse money was forfeited from her third-place effort in last year's GI Kentucky Oaks after testing positive for betamethasone, an anti-inflammatory medication that is classified as a Class C drug, and trainer Bob Baffert has been fined $1,500. The Kentucky Horse Racing Commission issued the ruling last Saturday. Baffert waived his right to a formal hearing on the infraction.

Gamine's disqualification promotes Speech (Mr Speaker), originally fourth, to third in the Oaks.

The positive test was first reported publicly by The New York Times last October. The KHRC had been conducting a follow-up investigation and the finding of its official testing laboratory, Industrial Laboratories, was confirmed by UIC Analytical Forensic Testing Laboratory.

Betamethasone is a permitted medication in Kentucky, but has a mandated two-week withdrawal time. Following the Times story in October, Baffert's attorney Craig Robertson said the filly had been administered the drug Aug. 17 by her veterinarian. The Oaks was held 18 days later. Robertson's statement said Gamine's test revealed 27 picograms of betamethasone and that Kentucky's threshold for the medication is 10 picograms.

Gamine was also disqualified from an allowance victory at Oaklawn Park May 2 after testing positive for lidocaine. Her stablemate Charlatan (Speightstown) was disqualified from his win in the GI Arkansas Derby the same day for the same drug. Baffert continues to appeal both disqualifications.

Gamine went on to win the GI Longines Acorn S. and GI Longines Test S. and capped 2020 year with a win in the GI Breeders' Cup F/M Sprint. She was named last year's champion female sprinter.

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Gamine Disqualified From Third-Place Finish In Kentucky Oaks, Baffert Fined $1,500

The Kentucky Horse Racing Commission has released its official ruling on Gamine's positive test in the Kentucky Oaks, disqualifying the filly from her third-place finish and issuing her trainer, Hall of Famer Bob Baffert, a $1,500 fine after he waived his right to a hearing.

Gamine's prize money from that race, $120,000, was ordered redistributed, while fourth-place finisher Speech has been elevated to third.

Gamine's post-race test after her third in the Kentucky Oaks on Sept. 4 at Churchill Downs showed a positive for the Class C drug betamethasone. It was the Into Mischief filly's second positive test of 2020: Gamine ran on Arkansas Derby day (May 2) at Oaklawn Park, winning an allowance race, but subsequently tested positive for lidocaine and has since been disqualified.

Another Baffert-trained runner, Arkansas Derby winner Charlatan, also tested positive for lidocaine and was disqualified.

Baffert plans to appeal the Arkansas rulings, but will not appeal the ruling by the KHRC, attorney Craig Robertson told bloodhorse.com.

Gamine developed into one of the top 3-year-old fillies of the year, earning an Eclipse Award as the top female sprinter after wins in the G1 Test and G1 Breeders' Cup Filly & Mare Sprint.

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HHR Bill Introduced in Kentucky State Senate

Kentucky State Senator John Schickel and Kentucky Senate President Robert Stivers introduced Senate Bill 120 into the Kentucky State legislature late Tuesday with the goal of keeping historical horse racing in Kentucky and ensuring the future of Kentucky's signature equine industry.

“KEEP applauds Senator Schickel and Senate President Stivers for Introducing Senate Bill 120, Legislation to Keep Historical Horse Racing in Kentucky,” read a KEEP press release issued late yesterday.

“In response to the Supreme Court's ruling on historical horse racing, the legislation will define pari-mutuel wagering to be consistent with how the Kentucky Horse Racing Commission has regulated live racing for decades and historical horse racing for the last 10 years. The legislation also reaffirms that only pari-mutuel wagering on simulcasts of live racing can occur at simulcast facilities. In effect, this maintains the status quo that Kentucky has known for the last decade, ensuring HHR venues can continue or resume operations that are so beneficial to the horse industry and statewide economy.

“This effort is about preserving a system of wagering we've known for live racing for decades and historical horse racing for the last 10 years,” Schickel said last week, as he prepared to introduce the legislation. “This is about maintaining the status quo. Our immediate action as legislators is critical to protecting current and future jobs and economic development across the Commonwealth.”

A ruling in September by the Kentucky Supreme Court stipulated that many of the state's machines do not constitute pari-mutuel wagering and were therefore not allowed. It also required that legislation be introduced to uphold the existing definition of the games as pari-mutuel before the end of the legislative session Mar. 30. The original lawsuit against HHR was brought by the Family Foundation, a conservative organization opposed to gambling and its expansion. Members of the racing industry argue that the loss of revenue would be crippling to racing in Kentucky.

“We applaud Sen. Schickel for championing Senate Bill 120, which will keep historical horse racing in Kentucky and protect critical jobs, economic investment and state revenue at a time when they are needed most,” said the statement from KEEP. “We also thank Senate President Stivers for his support as a co-sponsor of this important legislation. The Kentucky Supreme Court gave the General Assembly clear direction to preserve the status quo, and SB 120 gives us a path forward.

“Historical horse racing is an integral part of Kentucky's signature equine industry and our economy as a whole and has helped position Kentucky as a worldwide leader in racing. With real jobs and investment on the line, we urge the members of the Senate Licensing and Occupations Committee to promptly move this legislation forward so that the commonwealth can continue to benefit from historical horse racing, now and in the years to come.”

SB 120 is set to be heard in the Senate Licensing and Occupations Committee at 11 a.m. Thursday, Feb. 4.

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Still No Hearing Date Set For Hall Of Famer Baffert Over Gamine’s Oaks Positive

The Kentucky Horse Racing Commission has yet to take action against Hall of Fame trainer Bob Baffert on the positive test of Eclipse finalist Gamine, reports the Courier-Journal, even though the positive was confirmed via split sample months ago.

In the Kentucky Oaks on Sept. 4 at Churchill Downs, the Into Mischief filly finished third but later tested positive for betamethasone.

No hearing date has been set for Baffert with the KHRC, the trainer's attorney Craig Robertson confirmed. A public records request by the Courier-Journal shows that the Oaks day split sample result was returned on Nov. 5, and Robertson was notified the same day.

Robertson said he has yet to schedule a hearing date with the KHRC.

In total, Baffert had four runners return positive tests in 2020. Gamine ran on Arkansas Derby day (May 2) at Oaklawn Park, winning an allowance race, but subsequently tested positive for lidocaine and has since been disqualified. Charlatan, the Baffert-trained winner of the Arkansas Derby, was also disqualified over a lidocaine positive, and Baffert's attorney released a statement blaming the positives on a back-pain patch worn by his assistant trainer. The fourth was a cough suppressant in a runner at Santa Anita, also said to be a case of environmental contamination.

Penalties from the KHRC over betamethasone could include Baffert facing a suspension of up to 60 days and a fine up to $5,000, depending on whether the stewards decide the Oaks day positive is the trainer's first, second, or third offense in 365 days.