Medina Spirit to be Interred at Old Friends

Zedan Racing's Medina Spirit (Protonico), first across the wire in the 2021 GI Kentucky Derby but officially disqualified this week, will be laid to rest at Old Friends, the Thoroughbred retirement farm near Georgetown, Kentucky. Old Friends made the announcement Friday morning. An open house, which will be open to the public, will be held Tuesday, Apr. 5, from 12:30 p.m. to 2:30 p.m.

Medina Spirit died Dec. 6 after a workout at Santa Anita. His ashes will be interred in Old Friends's Nikki Bacharach Memorial Garden.

“The Zedan Racing family was deeply saddened by the sudden loss of our beloved Medina Spirit,” said Amr Zedan of Zedan Racing. “He brought us great joy during his time, and we will forever cherish his spectacular win in the Kentucky Derby. Medina Spirit truly had the heart of a champion and it is very comforting to know that he will be laid to rest with many of racing's greats and the wonderful people at Old Friends Farm.”

Old Friends will place Medina Spirit's final resting place next to Kentucky Derby winners Charismatic and War Emblem, both of whom were pensioned to Old Friends at the conclusion of their breeding careers.

“Medina Spirit was loved deeply by us and everyone at the barn,” said Bob and Jill Baffert. “We grieve his loss, but take comfort knowing he will be buried among some of racing's all-time greats at Old Friends.”

Michael Blowen, the president and founder of Old Friends, added: “We're very grateful to Mr. Zedan and Bob Baffert for allowing us the honor and privilege of burying Medina Spirit's ashes at Old Friends. His gravestone, which will be a constant reminder of his spectacular achievements, will be placed next to Charismatic and War Emblem in the Nikki Bacharach Memorial Garden where his legion of fans can pay their respects.”

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Blea’s Interim Suspension Hearing Plays Out

In the formal hearing Friday morning of the Veterinary Medical Board's petition for an interim suspension of California Horse Racing Board (CHRB) equine medical director Jeff Blea's medical license, both sides laid out their arguments.

In short, the deputy attorney general Elaine Yan representing the veterinary board took a procedural defense of the petition, arguing that the allegations against Blea amount to violations of standards of practice within the veterinary community as codified in the veterinary medicine practice act.

“These guidelines emphasize the importance of examinations and diagnosis,” said Yan, before zeroing in on what she said is the “most important part” of the clinical guidelines.

“It states, and I quote, 'Documentation of the use of all prescription drugs should conform to the requirements of the applicable state veterinary practice act,'” said Yan.

George Wallace, Blea's attorney, argued that the allegations against Blea don't meet the “extraordinary standard” that is typically required to suspend a veterinary license, and that no formal hearing on the “merit” of the allegations has yet been conducted and thus proven.

“You've had drunken veterinarians. You've had substance abusing veterinarians who you would not trust in a surgical suite. You have had grossly incompetent veterinarians who keep messing up even after the accusations have been filed,” said Wallace.

“In none of those cases has the veterinary medical board sought in interim suspension order. Dr. Blea is apparently the most dangerous veterinarian in existence in California, and the board has not articulated an actual present remotely likely danger that is posed by letting this disciplinary process go through the process of hearing the merits and a determination,” Wallace added.

Administrative law judge Nana Chin has 30 days with which to issue a written ruling on the case. According to Wallace, he expects that ruling to arrive by the end of next week.

Earlier this month, the California Veterinary Medical Board announced that an emergency hearing had resulted in an interim suspension of Blea's veterinary license for a number of alleged offenses, including purportedly administering “dangerous drugs” to racehorses without a prior examination, without forming a diagnosis and without medical necessity.

The veterinary board also claims that Blea presents a “danger to public health, safety and welfare,” due to his oversight as equine medical director of the high-profile investigation into the death of the Bob Baffert-trained Medina Spirit (Protonico), the Kentucky Derby winner who collapsed and died after a scheduled workout on Dec. 6 at Santa Anita.

A TDN investigation into the accusations leveled against Blea found a consensus among veterinary medical experts that the infractions are largely matters of poor record-keeping which rarely, if ever, rise to the level of a suspended license.

The role of equine medical director is first appointed by the dean of UC Davis, who then contracts out the appointee's services to the CHRB.

Last week, UC Davis placed Blea on administrative leave pending a formal review of his veterinary license–this, despite the CHRB's arguments that the position isn't one that has historically required an active license.

At the beginning of Friday's hearing, an attorney representing the CHRB attempted to formally participate in the hearing by arguing that the veterinary board's actions to remove Blea from his equine medical director position constitutes regulatory overreach.

In response, deputy attorney general Michael Yi argued that it did fall within the veterinary board's purview because the statutory definition of the position means that Blea is actively “engaging in veterinary medicine by conducting his duties.”

Judge Chin, however, said that the sole purpose of the hearing was to examine the merits of the allegations against Blea.

“This is something that will have to be dealt with at a full administrative hearing where parties can argue whether that constitutes unauthorized practice of veterinary medicine,” said Chin, about whether the equine medical director position requires an active license.

This left deputy attorney general Yan to argue that an interim suspension of Blea's license was necessary in the event Blea returned to veterinary practice.

In doing so, Yan cited a passage of the veterinary board's petition for an interim suspension against Blea where he's alleged to have administered, from January 2021 through March 2021, medications to 3,225 horses. “This averages out to be 48 horses per day,” the petition states.

“The fact that he can go back to administering drugs to 50 horses a day, thousands of horses a month, at the behest of the trainer and not in the best interest of the horses, truly poses a serious danger to public and equine health if his license is restored,” said Yan.

Wallace argued that Blea, who hasn't practiced veterinary medicine since he took over as CHRB equine medical director last year, has no intention of returning to practice in the near future.

Wallace also suggested that the judge could “fine tune” an order to deny the interim suspension for Blea so that he could resume his equine medical director post, and still prevent him from returning to medical practice.

“But you shouldn't even get to that. You should deny this petition outright,” said Wallace. “And if you could, I would ask you to vacate the original suspension as improvidently granted retroactive to January third.”

Wallace added, “The board has not met the standard for this extraordinary imposition on quite possibly one of the finest veterinarians in America, and I would submit that this must be denied and repudiated in every way possible.”

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This Side Up: Faults On All Sides Require Fairness All Round

Ever get the feeling that somebody up there doesn't like us very much? Of all of the horses, in all of the world… But really it doesn't make any difference, however you interpret the tragedy of Medina Spirit (Protonico). The net result, for our community, is the same–whether you think the whole melodrama unfolded, entirely and lucklessly, at random; or was somehow determined by our own culpable behaviors. Whoever is writing these scripts, we have been cast in the same role. We are being tested. And if we don't get our lines right, we shouldn't be surprised if they turn out the lights and board up the theater.

It's a test that demands courage. That's not the same as fearlessness. Without fear, in fact, there can be no courage. And we should certainly be scared. With so many enemies out there, ever louder and better resourced, this increasingly feels like an existential crisis. That makes hysteria hard to resist, whether it takes the form of confrontation or surrender. But the kind of bravery we require now is all about staying calm, thinking clearly and, ultimately, doing the right thing.

There are no easy answers. Instinctively, however, I feel that our twin imperatives are not to yield to mob rule, on the one hand; while also, for once, not just circling our wagons.

The challenges we face reflect two endemic vices of social media: conspiracy and conflation. Conspiracy theory is rabidly resistant to rational engagement: every sheep is perceived as a slavering wolf under a bloodily stolen fleece. The habit of conflating unrelated issues is not so wild-eyed, just lazy and credulous. Both, however, nourish shrillness and anger–the principal cultural and political currency of the internet age.

Conspiracy depicts our entire industry as engaged in satanic exploitation. But conflation, whether through a lack of patience or intelligence, can't be bothered with nuance; can't be bothered with the idea that all our various travails should be judged on their individual merits. Any walk of life, says conflation with a shrug, that can present us with so many ghastly stories, one after another, is just too disgusting to be allowed to continue. Unfortunately, the Medina Spirit disaster has rendered that view more vocal than ever, and right in the middle of Main Street.

So how does conscience respond? On one level, it would seem pretty straightforward. Just as no reasonable person, away from the venomous extremes, wants society to be governed by ignorance, prejudice and rancor, so we should be able to reject those poisons directed at a community we know, in the vast majority of cases, to be utterly devoted to the horse. It must be terribly hard for those who have groomed Medina Spirit so lovingly, to have their grief over that empty bridle compounded by the vituperation of some whose professed empathy for animals will never remotely measure up to the arduous and reverent services they render daily to Thoroughbreds.

The trouble is that perceptions, shared sufficiently widely, ultimately obtain the political force of reality. If the social media wildfire ends up with millions giving our industry moral equivalence with cockfighting or bear-baiting, then there would seem limited point in persuading a rational minority that they should not bundle together, say, the allegations against Navarro and Servis with the reality that a foal can shatter a limb while cavorting innocently in a paddock. Even if we can collectively achieve the kind of self-improvement so plainly necessary, we may never retrieve the “social licence” if enough people have already taken a position that would, logically, end up with a handful of horses preserved in safari parks.

Our opinion that horses will never make good housepets feels like an informed one. But let's say that we accept, and strive to meet, far more exacting terms for the conscionable use of horses for any kind of sport. In the meantime, do we have to go out and meet halfway people we consider to be wholly wrongheaded? Do we, as a matter of sheer pragmatism, abandon other precious precepts, simply to be allowed to continue doing business?

That may sound a woolly question. But isn't that pretty much where we find ourselves with Bob Baffert? Because if we expect a fair hearing, as an industry, then surely we have to remain scrupulous in applying the same standards ourselves. However vexing Baffert's serial provocations, we can't just say: “Look, we don't care whether you have just been fantastically unlucky, or culpably inattentive, or something far worse. You have now become so tiresome that you simply have to go away.”

If jurisdiction can be established and due process is observed then, sure, Baffert should expect to pay a proportionate price for individual and indeed cumulative infractions. But you can't respond to the harrowing denouement of the Medina Spirit saga by exchanging the principles of equity for lynch-mob standards of evidence.

In such a gale of hatred, it takes a degree of courage to keep weighing probabilities fairly, keep heeding the science. But exactly the same nerve and dispassion will also be required to tackle any whose idea of fairness is for people just to back off their buddy Bob, simply because he may have favored them with his stardust, his charm, above all his professional success.

As we know, some very powerful patrons already appear to have taken the view that Baffert is responsible for enough damage to the sport for them to feel obliged to take their business elsewhere. However innocent the circumstances in which Medina Spirit has been added to the list not only of Baffert violations, but now also to that of Baffert fatalities, maybe the kind of ratios that wouldn't in themselves support a regulatory prohibition are sufficient for the market to apply a less exacting standard of evidence.

Would that be a form of mob rule? Or wouldn't it actually represent an informed judgement? Not necessarily of an individual horseman, but of the extremely perilous situation in which all horsemen find themselves. For the courage we need most urgently, now, is in acknowledging that some of the generalized charges against our entire community are actually pretty fair. Because anyone still in denial about our sport's ongoing failures must accept a share of responsibility for those. And, to that extent, it's by no means unfair even for those who “know nothing” about what we do to conflate all the various headlines that have done us so much damage over the past two or three years. Why shouldn't outsiders make such angry inferences, when they see such willing complicity among those of us who “really understand” the business?

Far more egregious offenses than have ever been suspected of Baffert remain incorrigibly indulged. We see programs in plain sight that cannot be coherently explained, other than by flagrant cheating; and we don't necessarily mean only “juicy” improvement in certain blue-collar claims on certain blue-collar circuits.

Meanwhile we see non-racing states cynically harnessed to stand up for horsemen's constitutional right to bear syringes. And of course we see hundreds of mares bred to stallions with the flimsiest credentials, while others that might recycle soundness and constitution are neglected as somehow “uncommercial.”

Doubtless some of those who profit from dubious training programs will only discover a dormant capacity for moral indignation if the stallions graduating from any given barn start to be received with due scepticism by breeders. All that glisters, remember, may not be genetic gold. But that would be doing the right thing for the wrong reason. Cowardly, in other words. And now, as we said, is the time to show some moral courage. Time to be fair to everyone–including our critics.

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