HIWU Withdraws Cases Against Trainers Brion, Hendriks

Cases against trainers Keri Brion and R. Lane Hendriks for benzoylecgonine (BZE) positives in covered horses have been withdrawn, according to a release from the Horseracing Integrity and Welfare Unit (HIWU).

The Brion-trained Chasing After You (Speightstown) tested positive for cocaine after winning a $25,000 claimer at Presque Isle Downs Sept. 19. The former Jonathan Sheppard assistant was provisionally suspended by HIWU Oct. 14, but the suspension was postponed since the conditioner had yet to request a split sample or to inform HIWU that she was waiving her right to a split sample.

“For those of you who know me know that this is not an accurate depiction of my operation,” Brion wrote on X. “I have retained a lawyer & we will fight to the end to clear my name. She came back w/a lvl under 200 PICOgrams–clear contamination. I'm hopeful facts/common sense will prevail.”

On Oct. 19, the provisional suspensions against Brion and four others, including Hendriks, were dropped pursuant to a rule that gives HIWU the right to lift the provisional suspension based on the specific facts of the case.

In withdrawing their cases against Brion and Hendriks Friday, HIWU wrote:

“In accordance with the Horseracing Integrity & Welfare Unit's (HIWU) commitment to fairly and effectively implementing the Horseracing Integrity and Safety Authority's Anti-Doping and Medication Control (ADMC) Program, HIWU is in continuous communication with its contracted laboratories to promote harmonized and consistent testing. Historically, the presence of cocaine, a Banned Substance under the ADMC Program, has been regulated in blood and urine through its metabolite, benzoylecgonine (BZE). This is because cocaine quickly metabolizes in the body, making it difficult to detect through testing. The control of BZE in urine has been harmonized across testing laboratories for years.

Recently, Covered Horses trained by Keri Brion and R. McLane Hendriks tested positive for BZE in blood. While controls in urine for BZE have long been established, no corresponding testing specifications existed for blood. These circumstances prompted HIWU to lift each trainer's Provisional Suspension and review scientific literature to determine appropriate testing specifications for blood such that it would correspond to existing controls in urine. The goal of this investigation was to ensure that cocaine is regulated consistently regardless of the testing matrix.

Examination of the existing scientific literature failed to identify a testing specification for BZE in blood. However, in consultation with multiple scientific advisors, including laboratory directors, HIWU reviewed laboratory testing data in which BZE was detected in blood and urine samples collected in the same session and was able to determine a testing specification for blood based on this previously unavailable information.

As a result of this investigation, HIWU concluded that the levels of BZE detected in the blood samples for Hendriks' and Brion's horses will not be pursued as Adverse Analytical Findings, for they did not exceed this new blood testing specification.

In the interest of fairness to horsemen and program consistency, HIWU has elected to withdraw Brion's and Hendriks' cases.”

Brion's attorney Drew Mollica told TDN: “Miss Brion is grateful that her good name and reputation have been restored. However, even though HIWU continues to work towards fairness, the concept of `gotcha testing' needs to be further examined. Regrettably, cocaine exists in the environment, and to suggest that miniscule levels of it, whether in blood or urine should, at almost any barely detectable level, lead to a sanction needs to be looked at because this kind of testing does not prevent doping. It ruins careers.”

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Provisional Suspension Against Brion, Four Others, Dropped by HIWU

Trainer Keri Brion, who was provisionally suspended by the Horseracing Integrity and Welfare Unit (HIWU) after a horse she trained allegedly tested positive for cocaine, has been cleared.

The suspension was lifted pursuant to HIWU Rule 3247 (e). The rule reads: “…if it considers it appropriate to do so on the specific facts of the case, the Agency may lift the Provisional Suspension.”

Suspensions that had been issued to R. McLane Hendriks, Carlos Milian, Javier Morzan and Guadalupe Munoz Elizondo were also lifted.

A full hearing in all five cases are still pending.

Like Brion, Hendriks was facing a cocaine positive. Milian had a horse test positive for the diuretic hydrochlorothiazide and Morzan and Elizondo had trainees test positive for metformin, a medication commonly prescribed in humans for type 2 diabetes.

It is not clear why the suspensions were lifted, but in the case of Brion, HIWU likely factored in the possibility that the positive test for cocaine was the result of environmental contamination. Brion, a former assistant to Jonathan Sheppard, was facing a suspension of up to two years.

The Brion-trained Chasing After You (Speightstown) tested positive after winning a Sept. 19 claiming race at Presque Isle Downs.

“Obviously, it's been a very stressful week,” Brion said. “I was totally blindsided by this. I don't give my horses cocaine. It's good that they are continuing to change protocols, what they do and how they handle things. It's just a shame that it has to happen through trial and error. In my case, I was written up in the TDN about being suspended for a banned substance. That's hard. I'm hopeful that it's all heading in the right direction. I think they are taking what they are learning from these situations and trying to make the system better. I am appreciative of that.”

Brion believes that this was a case of environmental contamination and that it emanated from the receiving barn at Presque Isle Downs.

“I believe it came through the receiving barn at Presque Isle,” she said. “Trainers are held 100% responsible and I'm all for being held responsible. But we don't scrub, clean and power wash receiving barns, so when we ship in, we don't have control over that. The receiving barns aren't clean. If we are going to be held to this level, zero tolerance, and everything falls back on us, then tracks need to make sure that the stalls we ship into are completely sanitized. And that's not the case at most of the tracks we go to.”

Brion noted that other trainers have found themselves in similar situations.

“I applaud what they are trying to do, but there have been a couple of positives where the levels are very low and it seems to be contamination,” she said. “We are not the bad guys. I have been training for only three years and when something like this happens, it really rocks you.”

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Weekly Rulings: Oct. 10-16

Every week, the TDN publishes a round-up of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

The TDN also posts a round-up of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These include decisions from around the country.

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity & Welfare Unit's “pending” and “resolved” cases portals.

RESOLVED ADMC VIOLATIONS

Original date: 09/16/2023
Licensee: Keith Desormeaux, trainer
Penalty: 7-day period of Ineligibility, beginning on October 17, 2023; a fine of $1,000; imposition of 2 penalty points.Admission of ECM Rule Violation and Acceptance of Consequences
Explainer: For the presence of Acepromazine—Controlled Medications (Class B)—in a sample taken from Auto Dial. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Original date: 08/27/2023
Licensee: Mark Hibdon, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Final Decision by HIWU
Explainer: For the presence of Flunixin—Controlled Medication (Class C)—in a sample taken from D'wild Muffin, who won at Arapahoe on 8/27/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Original date: 08/05/2023
Licensee: Rodolfo Sanchez-Salomon, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Admission of ECM Rule Violation and Acceptance of Consequences
Explainer: For the presence of Flunixin—Controlled Medication (Class C)—in a sample taken from Matty Bo, who won at Laurel Park on 8/5/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Original date: 08/03/2023
Licensee: Jose Puentes, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Admission of ECM Rule Violation and Acceptance of Consequences

Explainer: For the presence of Dantrolene—Controlled Medications (Class C)—in a sample taken from Pour on the Cole, who won at Santa Rosa on 8/3/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Original date: 06/20/2023
Licensee: Joseph Taylor, trainer
Penalty: 36-month period of Ineligibility (18 months per violation) for Covered Person, beginning on July 18, 2023; 14-month period of Ineligibility for Covered Horse, beginning on June 20, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $25,000 ($12,500 per violation). Admission of EAD Rule Violation and Acceptance of Consequences
Explainer: For the presence of Methylphenidate and Clenbuterol—both banned substances—in a sample taken from Classy American, who finished second at Parx Racing on 6/20/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Original date: 06/18/2023
Licensee: Joseph Taylor, trainer
Penalty: 36-month period of Ineligibility (18 months per violation) for Covered Person, beginning on July 18, 2026; 14-month period of Ineligibility for Covered Horse, beginning on June 18, 2023; Disqualification of Covered Horse's Race results obtained on 6/18/23 and 7/12/23, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $25,000 ($12,500 per violation). Admission of EAD Rule Violation and Acceptance of Consequences
Explainer: For the presence of Methylphenidate and Clenbuterol—both banned substances—in a sample taken from Cajun Cousin, who finished second at Parx Racing on 6/18/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Read more on Taylor's cases here.

PENDING ADMC VIOLATIONS

Date: 09/26/2023
Licensee: William Cowans, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Dream Keeper. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 09/26/2023
Licensee: William Cowans, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Secretary of War. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 09/19/2023

Licensee: Keri Brion, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Cocaine (Metabolite: Benzoylecgonine)—a banned substance—in a sample taken from chasing After You, who won at Presque Isle Downs on 9/19/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Read more on the story here.

Date: 09/15/2023
Licensee: Rodolfo Garcia, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Castellana. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 09/13/2023
Licensee: Michael Pappada, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: Concerns the horses Thisaintjumpstreet, Willie Wando, Tudox, Rue Majestic. This is a possible violation ofRule 3229(b)—Status During Provisional Suspension or Ineligibility

Date: 09/10/2023
Licensee: Luciano Medina Gabriel, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Omeprazole—Controlled Medications (Class C)—in a sample taken from Bel Ragazzo, who won at Emerald Downs on 9/10/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).
Date: 09/06/2023
Licensee: Philip Aristone, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Lamotrigine—Controlled Medications (Class B)—in a sample taken from Jewels in the Bay, who won at Parx Racing on 9/06/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/27/2023
Licensee: Mario Serey Jr., trainer
Penalty: Pending
Explainer: For the presence of Flunixin—Controlled Medication (Class C)—in a sample taken from Some is Mine. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 08/23/2023
Licensee: Jeffrey Englehart, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Mi Tres Por Ciento. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.
Other notable changes:

The following trainers had their provisional suspensions lifted with a full merits hearing still pending:
McLane Hendricks – Princess Javoncia, cocaine positive on 8/16/23

Carlos Milian – Junglherly Love, hydrochlorothiazide positive on 7/29/23

Javier Morzan – Lady Liv, metformin positive on 6/24/23

Guadalupe Munoz Elizondo – Quinton's Charmer, metformin positive on 6/11/23

VIOLATIONS OF CROP RULE

One important note: HISA's whip use limit is restricted to six strikes during a race.
Delaware Park
Jairo Alonso Rendon – violation date Oct 11; $250 fine but no further records of the ruling

Keeneland
Jack Francis Gilligan – violation date Oct 11; $250 fine but no further records of the ruling
Christopher Emigh – violation date Oct 12; $250 fine but no further records of the ruling
Walter Antonio Rodriguez – violation date Oct 12; $250 fine but no further records of the ruling

OTHER KEY RULINGS
Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

FLORIDA
The following was taken from the ARCI's “recent rulings” webpage.
Track: Gulfstream Park
Date: 08/23/2023
Licensee: Todd Pletcher, trainer
Penalty: $1,000 fine
Violation: Medication violation
Explainer: STEWARD'S RULING FINAL ORDER # 2023-000983 – F.S. 550.2415 VIOLATION = DEXAMETHASONE. “OK BOOMER”

NEW YORK
Track: Aqueduct
Date: 10/11/2023
Licensee: Javier Castellano, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Mr. Javier Castellano is hereby suspended 3 NYRA racing days, this for careless riding during the running of the 5th race at Aqueduct Racetrack on October 1st 2023 having appealed a stay has been granted.

Track: Aqueduct
Date: 10/11/2023
Licensee: Joel Rosario, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Mr. Joel Rosario having waived his right to an appeal is hereby suspended 3 NYRA racing days October 19th 2023, October 20th 2023, and October 21st 2023 inclusive. This for careless riding during the running of the 7th race at Aqueduct Racetrack on October 4th 2023.

Track: Aqueduct
Date: 10/11/2023
Licensee: Jose Lezcano, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Mr. Jose Lezcano having waived his right to an appeal is hereby suspended 3 NYRA racing days October 19th 2023, October 20th 2023, and October 21st 2023 inclusive. This for careless riding during the running of the 5th race at Aqueduct Racetrack on October 1st 2023.

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Trainer Keri Brion Provisionally Suspended By HIWU

Trainer Keri Brion, whose stable includes both flat and steeplechase horses, has been provisionally suspended by the Horseracing Integrity and Welfare Unit (HIWU) after a horse she trained allegedly tested positive for cocaine following a Sept. 19 race at Presque Isle Downs. The horse, Chasing After You (Speightstown), won the race, a $25,000 claiming event.

Provisional suspensions can result in suspensions of up to two years. The suspension has been postponed because Brion has yet to either request a split sample or inform HIWU that she has waived her right to have a split sample tested. Brion had one starter Saturday, sending out Crabs N Beer (Blofeld) to a fifth-place finish in the Maryland Million Turf S. at Laurel.

Brion took to X Friday to proclaim her innocence.

“For those of you who know me know that this is not an accurate depiction of my operation,” she tweeted. “I have retained a lawyer & we will fight to the end to clear my name. She came back w/a lvl under 200 PICOgrams–clear contamination. I'm hopeful facts/common sense will prevail.”

 

Brion has hired attorney Drew Mollica.

“We are in the process of evaluating the evidence and will have more to say next week,” Mollica said. “We intend a vigorous defense of the case.”

The Brion matter was posted to the HIWU website Friday. Mollica said he was under the impression that HIWU suspensions would not be made public until after the results of a split sample had been received.

“I am surprised that before any B sample came back this became a public issue,” Mollica said.

Brion is the second trainer to be provisionally suspended for a cocaine positive in little more than a month. HIWU has charged that the R. McLane Hendriks-trainee Princess Javoncia (Animal Kingdom) tested positive for cocaine after an Aug. 16 race at Penn National.

Brion was a long-time assistant to Hall of Fame trainer Jonathan Sheppard before going out on her own in 2021 when Sheppard retired. She has won 73 races from 585 career starters. Her accomplishments include finishing one-two-three in the 2021 Jonathan Sheppard S., named for her mentor.

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