Diodoro Given 60-Day Suspension For Hydroxylidocaine; Stewards Stay Penalty For One Year

Trainer Robertino Diodoro has been suspended 60 days and fined $5,000 to for two hydroylidocaine positives in runners at Canterbury Park, but he won't be serving those days immediately. A ruling from the Minnesota Racing Commission's board of stewards last week indicated the officials ordered a stay of the suspension for 365 days due to unspecified “mitigating factors.”

The stay means that Diodoro will not serve the 60 days unless he has Class 1, Class 2, Category A or Category B medication violations in the 365 days following Dec. 1 of this year.

Minnesota Racing Commission executive director Steve May was unable, per Minnesota law, to offer comment on what mitigating factors prompted the stewards to stay the suspension.

Hey Kitten, the runner-up in the third race on Aug. 26 at Canterbury, tested above the legal threshold for 3-hydroxylidocaine, as did Catty Krys, sixth place finisher in Canterbury's fifth race Sept. 1. Both horses have been disqualified and are unplaced in those races. Split samples requested by Diodoro confirmed the positives.

Because the second violation happened before Diodoro could be notified of the first, the stewards also elected to treat both violations as one, which is common practice.

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Diodoro Fined $5K, Gets Stayed 60-Day Suspension for Lidocaine Positives

Two 3-hydroxylidocaine positives detected in separate horses six days apart at Canterbury Park in August and September have resulted in a $5,000 fine and 60-day suspension for trainer Robertino Diodoro.

The suspension part of the penalty has been stayed so long as Diodoro does not incur a Class 1 or 2 or Penalty Category A or B medication violation before Jan. 31, 2021.

Lidocaine is classified as a Class 2, Penalty Category B substance on the Controlled Therapeutic Medication Schedule compiled by the Association of Racing Commissioners International (ARCI).

For a first offense, the ARCI’s recommended Category B penalties are a “minimum one-year suspension absent mitigating circumstances [and a] minimum fine of $10,000 or 10% of total purse (greater of the two) absent mitigating circumstances.”

The positives were reported in lower-level claiming horses that ran second and sixth.

According to a Nov. 30 Minnesota Racing Commission ruling, Diodoro back on Nov. 18 had “waived his right to a formal hearing and agreed to accept a Board of Stewards ruling calling for a 60-day suspension effective Dec. 1, 2020 through Jan. 30, 2021, and a $5,000 civil penalty.” Another stewards’ phone conference with Diodoro on Monday preceded the release of the ruling.

That ruling continued: “Due to mitigating factors, the Board of Stewards ordered a stay of the 60-day suspension for 365 days beginning Dec. 1 providing Diodoro has no Class 1 or Class 2, Category A or B medication violations within that timeframe. If Diodoro is the subject of a Class 1 or Class 2, Category A or B medication violation within the timeframe, the 60-day suspension will be reinstated immediately…”

The ruling did not address specifics of the mitigating factors.

The first positive came from Hey Kitten (Haynesfield) who ran second as the 9-10 favorite Aug. 26 in a $10,000 claimer for owner Heads Up Racing. The 3-year-old filly was claimed that day and hasn’t started since, although she shows recent workouts at Turfway Park. According to the ruling, her 3-hydroxylidocaine finding was reported at 58.4 pg/ml (the threshold is 20 pg/ml).

On Sept. 1, Catty Krys (Discreet Cat) ran sixth as the 23-10 second favorite in a $7,500 claimer for owner Empire Racing Stables, LLC. She too was claimed by a new outfit, and has since started four more times at Remington Park and Charles Town Races without cracking the top three placings. According to the ruling, the 6-year-old mare’s 3-hydroxylidocaine finding was reported at 56.6 pg/ml.

According to the ruling, “The Board of Stewards took into consideration that the second violation occurred before the first violation was reported to the Stewards and was not known by the trainer. Therefore, the Board of Stewards treated the two violations as one, which is standard practice.”

The ruling stated that Diodoro requested split-serum sample testing for confirmation and the presence of 3-Hydroxylidocaine was recorded “in both split sample serums well above the threshold level,” the ruling stated.

Both horses were disqualified for purse and placing purposes only. The ruling did not address the status of the claims made by new owners on the days both tested positive.

Around the same time that Diodoro’s two Canterbury horses returned the Class 2 positives, the trainer had four other horses disqualified for Class 4 positives that turned up earlier in the year at Oaklawn Park and Will Rogers Downs.

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The `Black Eye’ of Environmental Contamination

Over the past year or so, a series of high-profile positives attributed to environmental contamination have dogged racing’s highest-profile trainer, Bob Baffert.

Last week, the California Horse Racing Board’s Board (CHRB) conducted a hearing into the Dextrorphan positive incurred by the Baffert-trained Merneith (American Pharoah) in July. Connections had attributed the positive to cross-contamination stemming from Merneith’s groom, who took DayQuil and NyQuil, both of which contain Dextrorphan.

Before that were the positives from Arkansas in May, when the Grade I-winning Gamine (Into Mischief) and Charlatan (Speightstown) subsequently tested positive for Lidocaine–an issue of cross-contamination, Baffert argued, from a stable employee wearing a pain-relieving Salonpas patch.

And before that was, of course, 2018 GI Santa Anita Derby-winning Justify (Scat Daddy)’s scopolamine positive, attributed to hay contaminated with scopolamine-laced Jimson Weed.

By virtue of Baffert’s prominence within the sport, the issue of environmental contamination has been well laundered for a sun-lit public airing, with talk turning to medication smeared walls, urine-soaked bedding, contaminated hay and feeds, and backstretch workers taking all sorts of legal and illicit drugs.

While the issue is a bit of a complicated acronym soup involving things like testing thresholds, screening and detection limits, clearance times and ever more sensitive testing methodologies, expert opinion appears to be drawn into two broad camps.

On the one hand are those who believe adjustments need to be made to account for the inherent risks from inadvertent drug contamination. On the other are those who advocate a hardline stance, warning that a rule relaxation invites cheating.

Still, most agree that the industry needs to make fundamental revisions to the current status quo to avoid an ongoing string of contentious drug positives that further erode public trust in the sport.

“We can’t live with rules that we’ve been using for 30, 40, 50 years,” says Scott Stanley, a professor at the University of Kentucky. “We’ve got to think outside the box and move forward. Racing keeps giving itself a black-eye.”

“I won’t say there’s lots and lots”

There have been a good 20 years of research illustrating the where and what of environmental contamination–some have helped answer lingering questions, even if others have also somewhat muddied the waters.

The International Conference for Racing Analysts and Veterinarians at the turn of the millennium unveiled a series of papers showing how even low-level exposures to naproxen, ibuprofen, isoxsuprine and flunixin–all of them commonly used therapeutic medications in racing–could result in a subsequent medication violation.

In what some regard a seminal 2008 study, Steven Barker, former director of the Louisiana State University Equine Medication Surveillance Laboratory, analyzed the test barn and the receiving barn stalls at a Louisiana racetrack.

Barker found the presence of nonsteroidal anti-inflammatory drugs like flunixin, phenylbutazone and naproxen in the soil in stalls, on stall surfaces, in the circulating dust, and in accumulated pools of water on the backstretch. All of the samples collected contained cotinine, the predominant metabolite of nicotine and a biomarker for exposure to tobacco smoke.

None of those drugs Barker detected, however, were at concentrations sufficient to trigger a positive test.
A few years ago, Charles Town suddenly found itself at the center of a series of naproxen positives, mostly among horses shipping in. Naproxen is a nonsteroidal anti-inflammatory commonly found in drugs like Aleve and nicknamed the poster-child of stall contamination.

In response to this rash of positives, researchers swabbed 21 ship-in stalls at Charles Town and discovered high levels of naproxen in four stalls and reportedly low-levels of the drug in almost all.

Besides naproxen, the researchers discovered things like acepromazine and glycopyrrolate, along with traces of common human substances like metoprolol, a blood-pressure medication, and methadone and tramadol, which are opioid and opioid-like pain-medications respectively. Only four of the 21 tested stalls swabbed clean.

Other studies show more pointed findings, including a potential connection between bedding soaked with contaminated urine and an elevated risk of a positive test.

In this French study from 2011, horses administered flunixin orally and intravenously were housed on three different levels of bedding: one deep and one thin bedded stall (both of them stripped completely daily), and another stall managed the usual way (just the muck and wet patches removed).

A full day after the drug was administered, one horse was moved to a stable in which no horse had been given flunixin.

The only horse that subsequently tested clean was the horse moved to an uncontaminated stall, while the thinly bedded stall stripped daily constituted the highest risk of a positive test.

As a result of a number of positives for typically human-use antihistamines and anti-inflammatories, the British Horseracing Authority (BHA) embarked last year upon a series of different studies to determine the threat of environmental contamination in the UK.

One study involves the swabbing of racetrack stabling, another the boxes at private training yards, while the third study looks at the potential relationship between bedding contaminated with low levels of medications and the risk of a positive finding.

According to David Sykes, no results are currently ready for public consumption, but he did say that they had found “very low levels” of medications in the racecourse stables. “I won’t say there was none,” he says. “But I won’t say there’s lots and lots.”

The question now is: What does the gestalt of these studies reveal?

“Put down that golf club”

According to Barker, they illustrate just how prodigiously substances exist in and on the bedding, walls, dirt, dust, feed and water tubs of the backstretch environment–even in the feed vanned into the track. Then there’s the human element.

“The horses’ environment also includes veterinarians. It also includes other humans, grooms and trainers and riders. Even the public that bring things into their environment,” he says. More pointedly, they illustrate how “the environment of the horse can contaminate the horse at levels that can be detected,” he says.

Given how prevalent contaminants exist in the environment, however, why aren’t drug violations a more common occurrence?

Outside of a cluster of positives that can be traced back to something like a batch of contaminated feed, “It can be a random thing,” says Barker, pointing to a lightning strike quality to the event, with a very specific chain of circumstances that lead to a positive finding.

The horse must be exposed to a high enough quantity of a substance close enough to a race, for example. Just as importantly, perhaps, is that a test is conducted in the first place. “How many horses aren’t being tested?” Barker wonders.

On the flip side of the same coin are those experts who argue that the link between the environment and the test tube is far from clear.

“My definition of environmental contamination is exposure to a substance that has the potential to result in a detectable concentration in a horse, and that that exposure occurred beyond the control of the trainer,” says Mary Scollay, executive director and chief operating officer of the Racing Medication and Testing Consortium (RMTC).

“Some of the things that are being posited as environmental contamination I disagree with because I believe they’re preventable,” she adds. “What I feel has not been adequately demonstrated is the link between what’s in the environment and what’s in the horse.”

For one, the concentrations being detected in the backstretch environment are typically at miniscule amounts, Scollay says. As an example, she points to a calculation that Stanley made of Barker’s 2008 data: That a horse needed to consume 32 tons of dirt to obtain the equivalent of a single dose of phenylbutazone.

(In response, Barker emphasizes how his original study was intended primarily to detect background levels in the backstretch environment, and that subsequent studies–the French study in particular–have made the connection between contamination and a risk of a positive finding).

There are other variables, like the manner by which contaminants enter the horse’s body, as their metabolism processes substances differently depending on how it’s introduced into the system. “Not everything that enters the mouth gets absorbed,” Scollay says.

The connection therefore between a backstretch worker taking a drug–whether legal or illicit–and a positive finding in the horse they have contact with is similarly dependent upon the substance, location and levels of exposure, says Scollay. “Once again, there’s no blanket answer.”

Some substances are much more stable in the environment than others, meaning that they maintain their chemical make-up–and therefore their pharmacological potency–for long periods of time. This is borne out, say experts, in how widely used medications like furosemide are inconsistently detected in the environment.

At the end of the day, however, some trainers are able to operate large barns in multiple jurisdictions without falling foul of the regulators, says Scollay. While the “lightning strike” analogy is applicable in some cases of environmental contamination, she adds, “If you get struck by lightning twice, then I’m going to suggest you put down that golf club.”

“Horse manure”

Another key component of this issue is how testing methodologies are becoming ever more sensitive–with some laboratories proving more sophisticated than others. Indeed, the naproxen positives at Charles Town coincided with state regulators switching the drug testing contract to the “highly capable” Denver-based Industrial Laboratories, according to the authors of the 2018 study.

“What’s been the real problem here is we came from a period of time when most of these kinds of residues simply were not being detected before in horses,” says Barker.

“Our methodology was not broad based to cover all possible drugs. Sensitivity of instrumentation was not nearly what it is today–the sensitivity has really increased,” he adds. Indeed, “There’s the ability to test some of these drugs to zeptogram levels.”

To put that into perspective, a picogram–a larger unit of measurement than the zeptogram, and one more commonly referenced–is the equivalent of one second in 32,000 years. A femtogram–the next unit of measurement down from the picogram–is the equivalent of one second in 32 million years.

This basis of comparison is one frequently raised by advocates of the horsemen, and critics of the current testing system. But other experts object to the quantification of testing methodologies in this manner.

“It all sounds very dramatic,” says the director of a U.S. laboratory, who asked to remain anonymous due to their company’s involvement in ongoing litigation. “But it’s kind of misleading.”

To make their point, the lab director says that the amount of a particular substance in a single sample is a fraction of what’s in the body as a whole, and that a horse has, on average, 50 liters of blood in its body. Fifty liters, therefore, is the equivalent of 50,000 milliliters.

“The key term is per milliliter,” says the lab director, pointing to betamethasone, a steroid medication, which has an RMTC testing threshold of 10 picograms per milliliter.

“We’re not saying that the horse can only have 10 picograms of betamethasone in its system,” says the director. “We’re saying you can have 10 picograms per milliliter times 50,000 milliliters, and that’s how much drug you can actually have present in the horse.”

The lab director also takes issue with the argument that a positive finding at a low-level is inherently innocuous, as that assertion fails to take into account origins of dose and administration.

“The people that say the concentration is so low, it has to be environmental contamination–that’s the biggest load of horse manure that I can think of. Obviously, the level cannot tell us anything of how it got into the horse and at what level,” the lab director says.

“People have this perception that the technology can capture everything and anything, and so, ‘you guys are finding things all the time,'” says the lab director. “Keep in mind, 99% of the horses test clean. If it was that easy to contaminate your horse, we would be seeing a whole lot more cases than we actually are.”

In part two we look at possible solutions to the problem, with experts zeroing in on testing thresholds, screening and detection limits along with formal regulatory processes.

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Charlatan Nears Return to Training

TDN Rising Star Charlatan (Speightstown), a Triple Crown candidate earlier in the season before being sidelined by injury, is expected to return to training soon, according to Starlight Racing’s Jack Wolf, who campaigns the sophomore in partnership with SF Racing, Madaket Stables and Stonestreet Stables. After detecting some filling to the front ankle following a June 1 workout [five furlongs in 1:00.80] at Santa Anita, Bob Baffert confirmed that the colt would get 45 days off after an MRI revealed chips which required minor surgery.

“He’s doing really well,” said Wolf. “[The Baffert barn] sent us a video of Charlatan on the backside at Del Mar the other day and he looks fantastic right now. Bob’s comment was ‘Too bad he won’t be running in the [Kentucky] Derby.’ The horse is the real deal, for sure. He hadn’t had a breeze, but the plan is to start him back in a week to 10 days.”

Charlatan won his first two career starts at Santa Anita, including a front-running 10 1/4-length romp Mar. 14. Heavily favored in the second division of the May 2 GI Arkansas Derby, the colt cruised home a six-length winner over Basin (Liam’s Map), but was subsequently demoted to ninth after testing positive for lidocaine, a Class 2 drug, following the race.

Earlier in the season, Baffert had mentioned the GI Preakness  S. was a outside possibility, however, the GI Breeders’ Cup Classic seemed a more realistic late-season goal for the Stonestreet-bred colt.

Wolf added, “I doubt he would be ready for the Preakness, but sometimes these horses can surprise you at how quickly they come back.”

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