Medina Spirit’s Derby Drug Positive Hearing Reportedly Postponed

A long-awaited Feb. 7 Kentucky Horse Racing Commission (KHRC) stewards' hearing regarding Medina Spirit's positive test result for betamethasone in the 2021 GI Kentucky Derby reportedly got postponed from Monday to the following week.

After a wait of 283 days since the alleged infraction, Monday's hearing involving trainer Bob Baffert apparently has been rescheduled for Feb. 14.

WLKY-TV in Kentucky first broke the news of the non-hearing and its new date.

TDN attempted to confirm the report by sending emails to KHRC chief state steward Barbara Borden, KHRC executive director Marc Guilfoil, and Baffert's attorney, W. Craig Robertson III, asking each to explain the reason for the postponement.

None of those queries yielded replies prior to deadline for this story. The email to Borden was forwarded to a spokesperson for Kentucky's Public Protection Cabinet, who replied with the same boilerplate response that the KHRC has been issuing to the media for over a week now on this subject: “The KHRC is bound by regulation from providing information about the stewards' hearing prior to the issuance of a stewards' ruling.”

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Like Baseball, Racing Will Have to Come to Grips with Unsettling Era

While horse racing was consumed last week by headlines related to the federal doping conspiracy trial and Bob Baffert's exclusion hearings at the behest of the New York Racing Association (NYRA), the sport of baseball, too, was embroiled in its own ongoing performance-enhancing drug (PED) saga.

Last Tuesday, retired slugger David Ortiz was voted into the Baseball Hall of Fame in his first year of eligibility, while Barry Bonds (the all-time and single-season home run record-holder) and Roger Clemens (one of the most dominant pitchers in major league history) both were denied entry by a lack of votes in their 10th and final years on the ballot.

Baseball's controversy had been simmering for years against the backdrop of the “steroid era” that ran roughly from the late 1980s to around 2010, during which a number of prominent players with outsized statistical output were either strongly suspected of or tested positive for PED usage.

While Ortiz reportedly tested dirty in 2003, it was later suggested by league officials that his one-time bad test (for a substance that has never been publicly disclosed) was the result of a false positive. Given his otherwise clean record and Hall-worthy stats, Ortiz sailed through the voting in his first try. But Bonds and Clemens–both of whom had never tested positive for, nor were ever disciplined for PED usage–again didn't make the cut despite overwhelmingly dominant on-paper credentials.

Baseball's Hall of Fame is unique compared to other sports in that it has a clause stating that those voted worthy of the honor “shall be chosen on the basis of playing ability, sportsmanship, character, their contribution to the teams on which they played, and to baseball in general.”

The “character” part of that requirement is why Bonds and Clemens failed to secure the necessary 75% of the voting bloc. Just like the presumed prolific juicers Mark McGuire and Sammy Sosa, who had also put up incredibly aberrational numbers in the 1990s, they were all denied entry because of the rampant perception they had cheated and sullied their sport.

An obvious (and admittedly flippant) racing-related take on this is that perhaps baseball should be more like our sport–we induct Hall-of-Famers (at least the human ones) while they are still active in the game.

It is only after honoring trainers and jockeys for lifetime accomplishments that regulators and racing associations occasionally have to make uncomfortable decisions about whether those honorees will be allowed to participate in the day-to-day doings of Thoroughbred racing.

But the election of Ortiz could be signaling another subtle shift in baseball's Hall voting. As the years and decades pass, there is a greater likelihood that future voters will decide that players from the PED era were not specifically guilty of doping because they were caught up in a time when the entire game was perceived to be pharmaceutically tainted. Blaming circumstances always gets easier with the passage of time.

Yet as John Feinstein of the Washington Post put it last week, “A Hall of Fame–in any sport–is supposed to be about what is good in that game. It goes beyond numbers. If you insist that Bonds and Clemens should be included because of their performance, fine. Then the Hall should create a 'Steroids Wing' and recognize those with stunning statistics who we know used steroids, even if they never tested positive.”

Racing, too, is going to have to make similar decisions in the long run.

In fact, you can already see some of the nearer-term ramifications of NYRA's attempted banishment of Baffert and the edict issued by Churchill Downs, Inc. (CDI), that prohibits Baffert's trainees from running in the next two GI Kentucky Derbies coming more clearly into focus.

In the case of NYRA, it's a Pandora's Box type of vicious cycle. Now that Baffert has been established as a baseline for exclusion, who's next? We already know that trainer Marcus Vitali is scheduled for a similar “go away” hearing in March. And NYRA announced just last week trainer Wayne Potts could be on deck.

It doesn't take more than a quick scroll through social media or a chat with backstretch folks to come up with a growing list of alleged wrongdoers who all fit the mold of, “They're trying to rule off Baffert, but what about so-and-so?”

So where does it end? Can we expect that NYRA will be charging and then holding exhaustive, week-long hearings related to detrimental conduct on a continual basis from here on out? The costs could be staggering, both in terms of actual legal expenses for NYRA, plus the public relations price of never-ending negative headlines becoming entrenched atop the news cycle.

Then again, another school of thought holds that this type of trainer-by-trainer house-cleaning is long overdue and is exactly what NYRA needs to do as a protective measure.

As for CDI's banning of Baffert from the Derby, it's also fair to ask how this decision will affect the image of America's most iconic horse race over the long haul.

Right now Baffert trains two undefeated Derby contenders, the presumed divisional champion and 'TDN Rising Star' (Corniche), plus Saturday's winner of the GIII Southwest S., Newgrange (Violence). Per usual, the seven-time-Derby-winning trainer could have another colt or two primed to peak before the first Saturday in May rolls around.

A few weeks ago I wrote about how CDI's ban could backfire by turning Baffert's exclusion into the unwanted focal point of the 2022 Derby. Now let's widen the lens further: How do you think history will portray the “most exciting two minutes in sports” when the ink is dry on what might someday be called the “Dirty Derby” era that started in 2019?

We already have a decent idea of what the first section of that rough draft will look like. It starts with Maximum Security, a one-time $16,000 maiden-claimer, soaring improbably above his peers to win the 2019 Derby, only to get disqualified for a debatable in-race interference call that roiled the sport for months.

A year later, in 2020, we learned that Maximum Security's trainer, Jason Servis, was arrested in a nationwide equine drug sweep, and that the feds allegedly have him on wiretap repeatedly discussing the doping regimen of Max during the time frame that included the colt crossing the wire first in that 2019 Derby.

Then 2021 brought us another unlikely Derby victor in Medina Spirit, a colt who was so unheralded in the sales ring that he once hammered for the too-low-to-be-true price of $1,000. Yet Baffert had him honed to such a high degree that he wired the field in the first leg of the Triple Crown.

This time, the feel-good aura of rags-to-riches glory barely lasted a week until it was revealed that Medina Spirit had tested positive for an overage of betamethasone, an infraction that has still not been adjudicated by state regulators in Kentucky (although it has sparked several high-profile federal lawsuits, CDI's no-Bob stance, and NYRA's attempts to rule off Baffert).

So if the story of the 2022 and 2023 Derbies ends up being the exclusion of Baffert's trainees, what do you suppose might happen if CDI ever decides it has to take action against other allegedly toxic trainers of top colts?

If it turns out that Baffert isn't the only conditioner told he's not welcome under the Twin Spires, the sport could soon be facing a difficult reckoning involving years in which a sizable swath of otherwise-eligible equine stars aren't allowed to participate in the Derby.

There might not be enough asterisks to go around if handicapping every year's foal crop becomes an exercise of exclusion related to which human handlers are deemed not worthy of the Derby.

Similar to baseball's steroids era, Thoroughbred racing is eventually going to have to come to grips with how the present will appear in the future.

Will the current time frame be viewed as an over-reactive witch hunt? Or will it eventually be defined as the era when the industry started cleaning up its act for the betterment of the sport?

Truth tends not to favor one extreme or the other, so the unknown answer to that question most likely lies somewhere in the hazy middle.

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Baffert Takes Stand In NYRA Hearing; KY Hearing Next

Bob Baffert testified for about 3 1/2 hours in Thursday's hearing to determine whether the New York Racing Association (NYRA) can exclude the trainer over alleged “detrimental conduct.” Much of the testimony consisted of exchanges between the Hall of Fame trainer and NYRA attorney Hank Greenberg, whose attempts to rattle Baffert were largely unsuccessful. The Hall of Famer stuck to what has been the narrative from his team since the issues of his repeated medication violations first arose–that each offense involved mitigating circumstances that explain why he wasn't deserving of serious sanctions.

During a marathon day of testimony, it was revealed by Baffert that the Kentucky Horse Racing Commission has finally set a date, Feb. 7, to begin to delve into the matter of Medina Spirit (Protonico) testing positive for betamethasone in the 2021 GI Kentucky Derby. Baffert said he was told of the hearing by attorney Clark Brewster. The Kentucky commission has yet to make any announcements regarding the date of a hearing over the Medina Spirit matter.

Typical during the NYRA hearing was the back-and-forth between Baffert and Greenberg on the subject of Gamine (Into Mischief) testing positive for betamethasone following her third-place finish in the 2020 GI Kentucky Oaks. Baffert has maintained that he gave Gamine the medication 18 days prior to the race when the rules only prohibit its use within14 days of a start.

“You ran a horse that was disqualified from the most important race for 3-year-old fillies in America, isn't that right? That is a very significant outcome, isn't it?” Greenberg asked

“That was an unjustified outcome,” Baffert replied.

Greenberg also brought up Baffert's announcement in November 2020 that he was hiring Dr. Michael Hore of Hagyard Equine Medical Institute “to add an additional layer of protection to ensure the well-being of horses in my care and rule compliance.” Hore later revealed that he never went to work for Baffert. Baffert said that the only thing that kept Hore from fulfilling those duties was the pandemic.

“You didn't do it Mr. Baffert,” Greenberg said of his promise to bring Hore on aboard. “True or not?”

“It couldn't be done because of COVID,” Baffert replied. “He was going to come in January but he couldn't make it.”

“Is that your way of saying, no, I didn't hire Dr. Hore?” Greenberg said in response. “You did not hire him.”

“He couldn't make it because of COVID,” Baffert said. “He couldn't get there until late spring.”

The hearing soon turned to Baffert's series of press conferences and interviews after it was revealed that Medina Spirit had tested positive. Greenberg alleged that Baffert's media tour hurt the sport because he brought up such things as conspiracy theories. For Baffert, his response marked a rare time where he did admit to some guilt. At the end of the hearing he said if he had to do it over again he would not have granted those interviews.

“I used the word 'cancel culture' and what I meant to say was 'knee jerk,'” Baffert said. “To say 'cancel culture' was a bad move on my part.”

But Baffert said he made such statements because he was under duress.

“I was pretty upset,” Baffert said. “That was just raw emotion, knowing that I did not inject that horse with betamethasone. I knew something was not right.”

When asked if he understood that what he said was harmful to the reputation of the sport, Baffert replied: “This was something that really hit me hard. This is the Kentucky Derby, the greatest race. This is a trainer's nightmare.”

Before Greenberg had his turn, Baffert attorney Craig Robertson led the trainer through a series of questions that included his take on what happened with Medina Spirit. Baffert reiterated his contention that the drug got into the horse's system not through an injection but through the use of a topical ointment, Otomax, to deal with a skin condition. Baffert, who, at first, said that it was impossible that betamethasone was in Medina Spirit's system, said he did so because it never crossed his mind that the drug could be present in a skin ointment. It's notable, however, that it clearly says on Otomax boxes that the ointment contains betamethasone.

Baffert acknowledges that the controversy has affected both him and his family and added that the horses taken away from him include Life Is Good (Into Mischief), who he called the “best horse training in America.”

“It's been rough and tough,” he said. “But it's one of those things where we know we have the facts and the truth. It's probably tougher on my children.”

The hearing started with testimony from Dr. Clara Fenger, a former state vet for the Kentucky Horse Racing Commission. Robertson went through the various drug positives Baffert has been hit with and asked with each one if the drugs involved were performance-enhancing, able to mask any injuries and had any pharmacological effect. Fenger answered no on each occasion.

Next up was Dr. Steven Barker, the long-time director of the Equine Medication Surveillance Laboratory and state chemist to the Louisiana Racing Commission. Like Fenger, Barker said that none of Baffert's violations were particularly serious.

“There's nothing here that matches the rhetoric that has surrounded this case and the actions of NYRA,” he said. “None of this can be considered doping. None of this can be considered an attempt to affect performance. These are common therapeutics at extremely low levels.”

The hearing will resume Friday, with closing statements expected.

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Baffert Reveals New Details About Medina Spirit Case In Day 4 Of NYRA Hearing

Testimony continued Jan. 27 in the hearing held by the New York Racing Association to determine whether it can suspend trainer Bob Baffert. NYRA had rested its case Jan. 26, and Thursday's session was comprised of witnesses called by Baffert's attorneys, including Dr. Clara Fenger, board member of the North American Association of Racetrack Veterinarians (NAARV), Dr. Steven Barker, formerly laboratory director for Louisiana's post-race drug testing laboratory, and Baffert himself.

Part of Thursday's proceedings would appear to have previewed Baffert's side of the case in the drug positive of Medina Spirit following the Kentucky Derby. During cross examination, Baffert confirmed that a hearing in the case has been scheduled with the Kentucky Horse Racing Commission for Feb. 7.

Baffert and the other witnesses Thursday made reference to the results of extra drug testing on remaining urine samples taken from Medina Spirit by Dr. George Maylin, head of the drug testing laboratory for the New York State Gaming Commission. According to a statement from Maylin read into the record, testing on those samples revealed the presence of betamethasone valerate, which is present in Otomax but not in the injectable form of betamethasone given to horses. It did not reveal the presence of betamethasone acetate, which is the form of the drug that's used in injectable products for horses. The tests also purportedly revealed the presence of clotrimazole, an anti-fungal medication which is also present in Otomax.

Baffert has said Medina Spirit's positive test was the result of Otomax treatment for a troublesome skin rash on the horse's hindquarters. He said on Thursday that the rash was at various times also on the horse's girth area and neck. Initially, Baffert said veterinarian Dr. Vince Baker suggested using a couple of shampoos to try, and when those didn't work on the rash, Baker prescribed Otomax and Dermacloth. Dermacloth is an over-the-counter grooming wipe product designed to combat certain types of skin problems in horses.

Baffert has previously said the rash appeared some time after the Santa Anita Derby, several weeks before the colt's victory in Louisville. He has also said the Otomax treatment ended the day before the Kentucky Derby.

Baffert said one of his first calls after learning about the test was to Baker, but that Baker did not suggest to him that Otomax could be the source of the betamethasone until Monday afternoon, the day after Baffert's press conference announcing the positive test. Baffert represented that Baker was as surprised as Baffert was by the positive test. Baffert said that after Gamine tested positive for the same drug following the 2020 Kentucky Oaks, he ordered his veterinarians to stop using betamethasone for joint injections and that he wanted the drug “out of my barn” after that.

The ointment was applied by a groom, according to Baffert.

Additional highlights from Thursday:

  • Both Barker and Fenger testified that the concentrations of the therapeutic medications found in Baffert's horses for the period of time in question could not have had an impact on the horses' performance, or any therapeutic impact on the horses themselves. This is in conflict with Dr. Pierre-Louis Toutain, the expert called by NYRA, who testified on Tuesday regarding betamethasone and phenylbutazone.
  • Fenger opined that in many states, the first two violations in question in NYRA's charges, both overages in California for phenylbutazone within a week of each other in summer 2019, would normally have been combined into one ruling. It is common practice in some places to combine violations that occur close together because the commission may not have had the chance to notify the trainer about the first violation before subsequent ones occur, thereby preventing the trainer's ability to change their medication or barn management plans.
  • Maylin and Fenger, who worked together on the additional testing of the Medina Spirit samples, used two research horses to help develop new tests for the components of Otomax. Maylin intends to submit some of his findings to a peer-reviewed journal for publication.
  • Fenger also questioned the science behind Kentucky's betamethasone threshold, pointing out that it was developed from a study conducted on research horses rather than active racehorses.
    [Story Continues Below]
  • On cross examination from an attorney for NYRA, Fenger was asked about a technique Maylin has described that he said was designed to keep lidocaine or drugs like it localized in an area where it may be injected. Attorney Kelly McNamee said Maylin has testified to the addition of an oil depot and a vasoconstrictor like adrenaline to keep lidocaine from disappearing as quickly from tissues where it's been placed. McNamee never connected that method with anything Baffert has been accused of using. Fenger said she was not familiar with that kind of procedure being used in horses.
  • Veterinary records from Baffert's barn show “a lot” of his horses around the time of the 2019 bute violations were given bute two days ahead of a race, according to McNamee. Fenger said this practice, called “pre-racing,” is not standard for all trainers, but is also not unusual and is done even when the horse is not showing signs of soreness or lameness.
  • Barker testified to his concern that increased sensitivity of drug testing in racing will eventually result in more damage than benefit to racing.“It's unfortunate that such insignificant findings can result in prosecution,” said Barker, referring specifically to a finding of dextrorphan in Baffert runner Merneith in July 2020. “The mere presence of a drug does not necessarily result from nefarious action … rather than protect the integrity of the sport, such prosecutions continue to damage the image of the industry and trainers, owners, and horses. It is also unfortunate that the state of California does not rely on the review of such data by qualified equine pharmacologists.”
  • Barker also said that he is not surprised Baffert, who has a large number of winners and therefore a large number of tested horses, has a number of positive findings. Under the current scheme, Barker said only 20 percent or so of horses in any given jurisdiction are ever tested, which means the rate of positives would be about five times higher if every horse were tested.“The idea that the more successful you are, the more likely you are to go to the test barn, the more likely you are to have trace levels of these drugs detected,” he said.Attorneys for NYRA said Baffert has been cited and paid fines on 14 separate occasions for Bute overages, though that figure may include his time spent training Quarter Horses.
  • Baffert admitted that his media tour after announcing Medina Spirit's betamethasone test was probably a mistake, and regretted using the “cancel culture” phrase that appeared in so many headlines after he referenced it on the Dan Patrick Show.“I probably shouldn't have used 'cancel culture,'” he said. “I should've just said knee jerk. The 'cancel culture' was a bad move on my part.”At the time of his mainstream media interviews that week, Baffert said he was extremely emotional, and also blamed the compressed timeframe for some of his public relations response. As in the Arkansas cases of Gamine and Charlatan, Baffert said someone had leaked the drug test results for Medina Spirit to the media, which forced his announcement about the positive in a press conference held outside his barn at Churchill Downs. He did not speculate on the origin of the leak.
  • Baffert also testified that he did not hear from NYRA with any questions or clarifications regarding the Medina Sprit case or any of the other drug positives at issue in the time leading up to the racing organization's decision to suspend him.“I was disappointed,” he said. “They were friends of mine. I felt betrayed, in a way. I'd gone up there and really just ran my horses. I wasn't there long, but I always showed up and ran all those races and for them to come out with that, I was a little bit surprised but mostly disappointed.”
  • Baffert takes issue with NYRA's characterization that he has had six positives in the timeframe cited by the organization. Because Gamine and Charlatan were ultimately restored to their finish positions in their respective races at Oaklawn Park in 2020 and the suspension handed down by the stewards was vacated, Baffert said he does not believe those incidents should count as positives. The official ruling, which was amended by the full Arkansas Racing Commission, still fined him $5,000 for each test in excess of allowable levels.He also maintains that the Kentucky case of Gamine was an unfair one because veterinarian Dr. Ryan Carpenter gave the horse a betamethasone injection 18 days prior to the 2020 Kentucky Oaks, well outside Kentucky's 14-day stand down guideline.
  • Baffert no longer attributes the lidocaine overages in Charlatan and Gamine at Oaklawn to assistant trainer Jimmy Barnes' use of an over-the-counter pain relief patch. He later learned that a third horse on the same race card had a testable level of a metabolite for the drug in its system, although the level was below the state's threshold for calling positives. He also said he had been told by an official there that there had been another cluster of three or four tests showing levels of lidocaine earlier in the meet, also below the threshold.

The hearing continues on Jan. 28.

 

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