Kentucky Racing Commission | Horse Racing Free Tips

Horse Owner Tom Conway Passes Away at 83

Tom Conway, a prominent Kentucky attorney who owned 2010 GI Blue Grass S. winner Stately Victor (Ghostzapper) in partnership with his son, Jack, passed away Saturday at the age of 83.

Conway was attending the races at Kentucky Downs Sept. 11 when he fell and suffered multiple fractures. That led to complications that caused his death.

After graduating from Western Kentucky University, Conway served as U.S. Army police officer stationed in West Germany. With funding from the G.I. Bill, he went to law school at the University of Louisville and was admitted to the bar in 1968. Conway, a trial attorney, embarked on a legal career that spanned more than 50 years. Specializing in personal injury litigation, he won some of the largest civil verdicts in Kentucky history.

Conway had been an owner for about 40 years and continued to campaign a small stable up until the time of his death.

“He grew up on a farm in western Kentucky surrounded by ponies, horses, donkeys,” said Jack Conway, who is the former Attorney General of Kentucky. “His dad would travel up to Ellis Park and bet. He liked to take his boys and talk to them about horse racing. My dad grew up with the sport.”

After winning the Blue Grass, Stately Victor finished eighth in the GI Kentucky Derby. Jack Conway said those days were magical.

“It was a thrill of a lifetime,” he said. “I've been going to the Derby since I was 16 and every year we'd look out at that turn and watch them bring their horses over for the Derby. We'd always talk about how wonderful that walk must be. My dad always said to me, 'Someday, I'm going to make that walk.' Not many people can say that got to experience something like that with their dad.”

Conway also campaigned GIII Kentucky Cup Turf S. winner General Jumbo (GB) (Dansili {GB}) and GIII Matt Winn S. winner King Zachary (Curlin) and served on the Kentucky Racing Commission from 2008-2016.

Conway is survived by his wife of 56 years, Barbara White Conway; his brother A.V. Conway; his four devoted children, Jack Conway (Elizabeth), Kelli Conway Gordinier (Henry), Matthew Conway, and Megan Conway Herndon (Terry); and nine grandchildren, Max, Emma, Katie, Reagan, Kiah, Zach, Trey, Eva, and Alex. There will be a memorial service for Conway at the Kentucky Derby Museum Sept. 27.

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Derby Winning Trainer John Ward Jr Passes at 75

John T. Ward Jr., whose many wins included a victory in the 2001 GI Kentucky Derby with Monarchos, passed away Saturday at age 75.

His death was reported by Churchill Downs, which released a statement from track president Mike Anderson.

“John Ward Jr. personified the phrase 'Kentucky hard-boot,'” Anderson said. “He was a third-generation horseman who worked tirelessly throughout his career, culminating with service as Executive Director of the Kentucky Horse Racing Commission. The dedication to his craft as a trainer was amplified 20 years ago when he patiently prepared Monarchos to a memorable victory in the 2001 Kentucky Derby. Our hearts and prayers will be with Ward's family and friends throughout Derby Week as they grieve during this difficult time.”

It was not immediately known what the cause of death was.

Ward's grandfather, John S. Ward, his father, John T. Ward Sr. and uncle, Sherrill Ward, were also successful horsemen, who helped pave the way for the University of Kentucky graduate. Sherrill Ward is a Hall of Famer and trained Forego.

Ward sent out his first horse in 1976, but his best years would come in the '90s and early 2000s, when he teamed up with owner John Oxley. The two teamed up to win the GI Kentucky Oaks in 1995 with Gal in a Ruckus. They also campaigned Eclipse Award winner Beautiful Pleasure, the winner of the 1999 GI Breeders' Cup Distaff. In addition to the Kentucky Derby, Monarchos won the GI Florida Derby.

After starting just six horses in 2012, Ward retired from training, but stayed active in the sport. Shortly after his retirement, Ward became the executive director of the Kentucky Racing Commission and also served as the chairman of the Association of Racing Commissioners International. He was also a founding member and past president of the Kentucky Thoroughbred Association, as well as the Kentucky Thoroughbred Owners and Breeders Association (KTOB). He stepped down from his position at the Kentucky Horse Racing Commission in 2016.

“John Ward was a true gentleman who loved Thoroughbred racing,” the KTOB said in a statement Sunday. “Our deepest condolences to Donna.”

In a statement released Sunday evening, the Breeders' Cup said, “John T. Ward Jr. was a consummate horseman who enjoyed great success as both a trainer and as an industry executive, and engendered enormous respect among his peers throughout his career. From his training victories of Monarchos in the Kentucky Derby and Beautiful Pleasure in the Breeders' Cup Distaff, to his leadership as president of the Kentucky Thoroughbred Association, chairman of the Association of Racing Commissioners International and executive director of the Kentucky Horse Racing Commission, John served our sport with honor and distinction. We extend our deepest sympathies to his family and loved ones.”

Ward retired from training with 568 wins and 37 career black-type winners. He also won the GI Hopeful S. in 2002 with Sky Mesa, the 2002 GII Fountain of Youth S. with Booklet and the 2001 GI Acorn S. with Forest Secrets.

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Different Jurisdictions, Different MMV Rules Could Play In Baffert’s Favor

As news broke Tuesday of another positive post-race drug test for a Bob Baffert trainee, some readers found themselves wondering — when do these alleged violations begin to add up to a single, long suspension?

The answer to that remains unclear, but it's probably, “They won't.”

After Charlatan and Gamine tested positive for lidocaine following their races at Oaklawn Park this spring, Baffert announced he would be appealing the 15-day suspension given out by the Arkansas Racing Commission.

As reported last week, Baffert-trained Gamine got a positive test post-race for betamethasone after her third-place finish as the favorite in the Grade 1 Kentucky Oaks, but that case has not yet been adjudicated because testing on the split sample is not complete. (If a split sample does come back negative, the commission will not pursue charges against a licensee.)

Finally, the most recent case, a positive test for dextorphan from Merneith – second in a July 25 allowance race at Del Mar – has been confirmed on split sample, but the stewards' hearing into the matter won't take place until Nov. 12.

That means, from a regulatory perspective, none of Baffert's positive tests from this year are closed cases yet.

A hearing will take place on Thursday into whether or not stewards should disqualify Justify or Hoppertunity from 2018 races based on scopolamine positives. The CHRB has already made clear that it is not pursuing action against Baffert's license in either of those cases after a recommendation by equine medical director Dr. Rick Arthur that the positive test likely resulted from hay contaminated with jimsonweed.

Baffert's home base of California provides a sliding scale of suspensions and fines for repeated medication violations in the same penalty class. (Lidocaine and dextorphan carry a Category or Class B penalty in Arkansas and California, while betamethasone carries a Class C penalty in Kentucky.) Per California rules, one Category B offense gets between 30 and 60 days' suspension, but a second offense in two years could carry 60 to 180 days. Currently however, stewards cannot take into account violations from other states when deciding what constitutes a repeat offense in a given penalty category; even if they could, they would have to focus on completed cases, meaning those not under appeal. That means that under current rules, if California stewards do decide to suspend Baffert for the dextorphan, they'll have to address it as a B violation in a vacuum when deciding on a suspension length or fine amount.

That may seem frustrating to readers who feel Baffert's violations are adding up, even if they are for therapeutic substances. This is the kind of situation a multiple medication violation (MMV) penalty system was designed to address. The MMV, which is in force in the Mid-Atlantic, is supposed to operate similarly to many state systems that assign points to a driver's license for repeat violations. Those points can compound the base fines or suspensions given out for a violation if the license holder is a repeat offender, regardless of the penalty category of previous offenses. The idea is that repeated low-level offenses eventually pack a big enough punch that a trainer will be more careful, even with therapeutic drugs that are regulated but not considered major performance enhancers. In an ideal world, the MMV system is supposed to tally offenses across jurisdictions.

California hasn't yet finalized adoption of MMV language but the rule is in process. The proposed language has completed the 45-day public comment period and is likely to be on the agenda for a Nov. 19 meeting of the CHRB to be publicly heard and (potentially) adopted. Even after that vote, however, a CHRB spokesman said it takes new rules roughly two months to complete the administrative process to become enacted, so California's MMV rule won't be live until early 2021. Part of the proposed rule language to be considered on Nov. 19 would allow stewards to consider violations from other jurisdictions. It remains legally unclear, but seems unlikely, however, that the CHRB could use out-of-state violations occurring before finalization of the MMV rule against a trainer after the rule's implementation.

Kentucky has not yet taken up MMV language. A 2016 initiative by former Kentucky Gov. Matt Bevin aimed at reducing red tape for Kentucky businesses required state agencies to reexamine and simplify existing language, which also slowed the drafting of new regulation.

Arkansas does have MMV language on the books. Currently, Baffert's appeal in Arkansas is still in progress. A spokeswoman for the Arkansas Racing Commission confirmed Wednesday that the case is still in the legal discovery process and no hearing date has been set.

MMV language will only allow officials to take into account points from cases where all appeals have been exhausted. So, Arkansas couldn't issue MMV points unless its appeal was concluded after proceedings in California and Kentucky are complete.

All this means that, if Kentucky officials confirm the betamethasone overage and California officials proceed with a suspension and/or fine for the dextorphan overage, they will likely be required to consider each case in their state's bubble, which would suggest fairly mild sanctions for each.

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After HHR Decision from Court, Racing Considers Next Steps

Still reeling from a decision by the Kentucky Supreme Court that ruled that Historical Horse Racing (HHR) machines are illegal, the racing and breeding industries in the state have continued to work behind the scenes to find a way to keep the gaming machines operating. The machines have proved so popular that they handled $2.2 billion during the most recent fiscal year and contribute tens of millions annually to purses.

The court ruled that the machines, which resemble slot machines, did not fall under the legal definition of pari-mutuel gambling and, therefore, could not be approved by the Kentucky Racing Commission.

Kentucky Thoroughbred Association Executive Director Chauncey Morris said the sport’s best hope now rests with the state’s General Assembly, which could approve legislation that would make the machines legal. One way of doing so would be to pass legislation that changed the definition of pari-mutuel gambling so that it covers HHR. HHR allows bettors to wager on replays of races that have already been run.

“By the looks of it, this may need a legislative fix,” Morris said. “I know that everybody is sitting back and crafting their strategies on how to accomplish that.”

Morris said that he does not expect anything to happen within state government until after the November election.

“I suspect we will learn a lot more about the prospects for this after the election,” he said. “In the absence of a special session you’re going to have to wait for the natural beginning of the General Assembly. To be clear, it was a shocking and disappointing decision, but the decision did provide a road map on how the legislature, if they are so motivated, can change their definitions. Beyond that, everybody can speculate on what is going to happen but it will begin and end with the Kentucky General Assembly.”

Morris said it is hard to predict what the General Assembly would do, but added that some of the most influential lawmakers in the state have always supported horse racing.

“We have had some conversations but you never know what is going to happen until the General Assembly starts and takes up the issue,” he said. “It’s not dissimilar to what we saw with the Horse Racing Integrity and Safety Act that was introduced five years ago and it just cleared a first hurdle in the House. Legislation, it works in strange ways. I will say that it is no secret that our industry has some very meaningful friendships and allies in the Kentucky General Assembly, not the least of which is Senator Damon Thayer, the Speaker and others.”

Thayer, the Senate Majority Leader, is a former racing executive who has been one of the sport’s biggest supporters in the state capital of Frankfort. But Thayer said he was not ready to commit to an effort to craft legislation that would legalize HH.

“I’m just not ready or willing to talk about a legislative fix at this time,” he said..

“I don’t have a strong level of confidence that a legislative solution is a possibility,” he added.

HHR could be a thorny issue for some legislators. The push to have them declared illegal was led by the Kentucky Family Foundation, a socially conservative group that says it works on behalf of “families and the values that make families strong.” In a conservative state where religious organizations have a lot of clout, there will likely be many politicians who don’t want to come off as pro-gambling.

“This is a conservative state and this kind of caught everybody by surprise and now we have to find another alternative,” Morris said.

Thayer said he was keeping an eye on what steps might be taken by Exacta Systems, an HHR manufacturer. The Boynton Beach, Fla.-based company issued a press release last week that said it will introduce a new HHR system that will be legal based on the guidelines set forth in the Kentucky Supreme Court ruing.

“While we are disappointed with the Court’s decision, we do appreciate the clarity that the Court has provided as it pertains to HHR in Kentucky,” Exacta Systems President Jeremy Stein said in a statement . “After several years of litigation, we now have certainty on how HHR systems must operate in the state. In anticipation of this ruling, Exacta has devoted several months of development time to produce an alternate HHR system that complies with the Supreme Court decision. After reading opposing legal briefs and hearing the questions asked at oral arguments, we wanted to have an alternative system in place that addressed the objections raised by opposing counsel and the various Justices, as a contingency in the case of a negative ruling. The updated Exacta system is fully compliant with the requirements as articulated by the Supreme Court, and we are excited to present our updated system to the Kentucky Horse Racing Commission in the coming days.”

The Supreme Court decision was announced last Thursday, but the state’s HHR operations have yet to be discontinued. The Family Foundation has called on the tracks to cease operating the HHR machines. Kentucky Horse Racing Commission Executive Director Marc Guilfoil was not available Tuesday to clarify why the machines were still in operation.

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