Testing On Medina Spirit’s Urine Sample Ready To Proceed In New York

Extra testing on Medina Spirit's post-Kentucky Derby urine sample will begin next week, according to bloodhorse.com. Dr. George Maylin, director of the New York Equine Drug Testing and Research Laboratory, has now received the relevant drug metabolite reference standards from Frontier BioPharm. Testing of the sample is expected to take approximately two weeks.

The Protonico colt's Derby win is in jeopardy due to a positive post-race test result for betamethasone, a therapeutic medication that is not allowed on race day. Trainer Bob Baffert and his attorney have claimed the positive is a result of a topical cream (Otomax) used to treat a case of dermatitis on the colt's hindquarters. Though the Kentucky Horse Racing Commission has not yet held a hearing, required to disqualify Medina Spirit.

Counsel for Medina Spirit's trainer Bob Baffert and owner Zedan Stables, Craig Robertson, filed a civil suit against the Kentucky Horse Racing Commission on June 7 demanding their right to test the split urine sample, which sat undisturbed in the commission's freezer. Remnants of the original biologic samples were initially sent to be tested for those ingredients, but they were reportedly damaged before arrival at the plaintiffs' choice of labs, the New York Equine Drug Testing and Research Laboratory.

Franklin County Circuit Court Judge Thomas Wingate ordered June 16 that the remaining urine sample be flown to the New York lab, that two KHRC representatives travel with the sample, and that plaintiffs fund the flight. Upon arrival, the KHRC was to retain 5 milliliters of the sample, while the remainder was to be tested for clotrimazole, gentamicin, and betamethasone valerate, active ingredients in the topical cream Otomax.

On July 14, the sample was flown to New York accompanied by Dr. Clara Fenger and Tom Huckeby, representing Baffert and Medina Spirit's owner, Amr Zedan, as well as by KHRC executive director Marc Guilfoil and equine medical director Dr. Bruce Howard.

On Aug. 9 in Judge Wingate's courtroom, the Kentucky Horse Racing Commission's general counsel Jennifer Wolsing explained: “My understanding is that an affirmative defense is being mounted by the plaintiffs, to the extent that there may be some evidence as to how this substance (betamethasone) was introduced to the horse.

“We can't have a stewards hearing until those testing results have come back, because that appears to form the basis of the defense the plaintiffs want to mount. We would really like those results so that we can press forward with a stewards hearing and find out more about this case.”

When that hearing occurs, Medina Spirit could be disqualified and Baffert could be fined and/or suspended by the KHRC. A suspension would be reciprocated across other racing jurisdictions.

Since his run in the Kentucky Derby, Medina Spirit has run four times. He finished third in the Preakness, then won the Shared Belief Stakes and G1 Awesome Again, and finished second in the G1 Breeders' Cup Classic.

Read more at bloodhorse.com.

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The Week in Review: Tygart, USADA Out to Clean Up the Game

We heard from the United States Anti-Doping Agency (USADA), its CEO Travis Tygart and the Director of Equine Science Dr. Tessa Muir last week when USADA released its anti-doping guidelines, rules and protocols. Once again, we saw that these are no-nonsense, dedicated people with a track record of cleaning up other sports. The release of the guidelines was an important step toward what will be a welcome change for racing–competent, dedicated policing from an outside entity replacing the current system, which just doesn't work.

(Quotes from this story were taken from Tygart and Muir's appearance on the TDN Writers' Room podcast and from Dan Ross's coverage in the TDN and his Q&A with Tygart and Muir.)

With Thursday's release of the details, there was a lot to digest. Here's what resonated with me:

(*) USADA is not going to rely solely on drug testing, which has been proven to be a woefully inadequate way of catching cheaters. There are always a number of potent drugs out there that can't be detected by standard drug tests. USADA may not have all the tools, including wiretaps, that the FBI had when it took down Jason Servis, Jorge Navarro and others, but Tygart made it clear that there are more ways to catch cheaters than just through drug tests.

“Can you bring a case if you don't have a positive test?” Tygart said. “In some states today, I don't think that's even possible under the rules. But if you look at Article Two of the rules, it identifies about 12 different types of violations. Only one or two of those includes a positive test. So possession, trafficking, complicity, attempted administration, retaliation against a whistleblower, those are things that can be anti-doping rule violations.”

He said that scientific evidence will be combined with “buckets of evidence”, much like what you see each week on shows like Law and Order and NCIS.

Tygart said they will also rely on a tip line that is already receiving calls. All of which is a step in the right direction. Neither Navarro nor Servis had any serious violations on their records that were the result of testing, which just goes to show that a lot more beyond testing needs to be done.

(*) USADA appears to understand the importance of going after more than just the trainers. It stands to reason that in most cases where performance-enhancing drugs are used, a veterinarian is involved. And what about the owners? It's hard to imagine they don't know what's going on when their trainer is wining at 30% and 50% off the claim. They should have to pay the price when their trainer is caught.

“When the horse is in training, the owner, the veterinarian, anyone else involved with the horse, they can be held accountable if they're complicit and part of a doping or a medication issue,” Tygart said. “The strict liability of the positive test doesn't apply to them. So there will be a slightly different way that this is prosecuted, but they absolutely can be held accountable under these rules.”

He added: “It's not just the trainer training the horse that has responsibility for this culture of a clean sport. Everybody within the sport should have a responsibility to ensure that it's being done the right way.”

(*) One thing that was not addressed last week was the obvious problem of having a trainer turn the stable over to an assistant once they are suspended. Life goes on largely uninterrupted for that stable with the head trainer getting what amounts to a vacation. There's not nearly enough of a deterrent here. At least with the more serious violations, the stable should be penalized along with a guilty trainer.

(*) USADA is going to rely heavily on out-of-competition testing and trainers must let USADA know at all times where a horse is located. He also said that out-of-competition tests won't be done on a random basis. For obvious reasons, the focus will be on trainers whose results suggest they might be using something to get an edge.

“It's what we call intelligent testing,” Tygart said. “It's not random. Some call it smart testing. Some call it target testing. We will use data.”

(*) You might want to call this one the “Baffert Rule.” While USADA will distinguish between violations that involve performance-enhancing drugs and overages of therapeutic medications, Tygart believes that there is a point where enough is enough when it comes to overages. Four minor infractions or therapeutic overages within five years could result in a sanction of up to two years.

(*) Just because a horse passes post-race urine and blood tests doesn't mean that they can't be caught later on. If someone uses something illegal and a new test for that substance comes around after the fact, they could get nailed. This is another welcome development.

“We will have the ability to do what is called retrospective testing,” Tygart said. “Samples will be put into storage. And then when you develop new tests in the future, we're going to be able to bring those samples out of storage and actually then analyze them with the new methodology for those prohibited old-time substances. That's also a great deterrent to people using things where they say you can't detect it. But in the future, when those technologies and the capabilities are enhanced and changed, then we can go back and you will still be subject to sanction (for a positive test).”

(*) More than six months after the race, the Kentucky Horse Racing Commission has still not acted when it comes to this year's GI Kentucky Derby and the reported betamethasone positive on winner Medina Spirit (Protonico). That, Tygart said, will not happen after USADA takes over.

“I was pretty stunned to hear that (Medina Spirit's) Kentucky Derby case hasn't been resolved yet,” Tygart said. “That's not going to happen on our watch. I mean, it's crazy that it's taken that long to get to a final resolution, particularly when someone is competing the entire time.”

Lawsuits have been filed by horsemen's groups and six states to shoot down the Horseracing Safety and Integrity Act (HISA), which is what created the need for a new method of policing the sport, and USADA has yet to sign a contract with the Horseracing Integrity and Safety Authority. Both factors could mean that the projected start date for HISA, July 1, 2022 will not be met.

But if and when HISA goes into effect, USADA will be ready. Tygart called the new rules a “gold standard program for the industry.” He's got that right. It's time for a new era.

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Baffert Back To Business In Juvenile Stakes At Del Mar

It may be easier for Hall of Fame trainer Bob Baffert to decompress and recover from last week's Breeders' Cup World Championships than the majority of Del Mar racing fans.

Last Saturday, Baffert was busy with five horses to saddle in four Breeders' Cup races. It began with Gamine finishing third as the 2/5 favorite in the Filly & Mare Sprint and continued with Eight Rings (4th) in the Dirt Mile, As Time Goes By (8th), and Private Mission (11th) in the Distaff and concluded with Medina Spirit (2nd) in the Classic at Del Mar Thoroughbred Club in Del Mar, Calif.

A day earlier his Corniche had triumphed in the Juvenile with Del Mar Futurity winner Pinehurst (5th) and Barossa (9th).

A lot to get the adrenaline flowing in a 68-year-old, even one of his experience and accomplishments. But, Baffert said, recovery time from the rigors of the Breeders' Cup was minimal for him.

“As soon as it goes official, I'm thinking about the next one (race or event),” Baffert said. “I'm proud of all my horses other than Gamine and I blame myself for that. I should have given her a prep race.”

Gamine came in with five straight graded stakes victories by a combined 23 ½ lengths, but hadn't raced since late August.

He considered Private Mission, winner of the Torrey Pines Stakes here during the summer meeting, and As Time Goes By to be victims of circumstance.

Private Mission, As Time Goes By and favored Letruska blazed early before occupying three of the last four finishing positions as longshot Marche Lorraine ($101.80) rallied to win.

“We thought nobody would go with Private Mission, and then they all did,” Baffert said.

The Breeders' Cup ended on something of a high note for Baffert when Kentucky Derby winner (pending a Kentucky Racing Commission ruling) Medina Spirit finished second to runaway winner Knicks Go, polishing off a strong case for an Eclipse Award as the top 3-year-old.

This weekend, it will be back to business as usual for Baffert. That is, looming large over and being positioned to dominate Juvenile stakes races. Baffert will saddle 6/5 morning line favorite Eda and Under the Stars in a field of five for Saturday's $100,000 Desi Arnaz Stakes, a 6 ½-furlong sprint for 2-year-old fillies. Sunday, he has three of the five entered, not coincidentally the top three choices on the morning line, in the seven furlong Grade 3 Bob Hope Stakes – Winning Map (7/5), Messier (8/5), and Kamui (5/2).

First the fillies:

“Under the Stars is a maiden (0-for-1) but she ran well the first time out and we feel she fits in there,” Baffert said. “It's a short field and an opportunity to get black type (stakes placing) on her record.

“Eda we think will like that distance.”

Eda, runner-up by a head to Elm Drive in the six-furlong G2 Sorrento Stakes in August, was the 6/5 favorite in the $300,000 G1 Del Mar Debutante on September 5. But Eda was cooked in a speed duel with Elm Drive which saw them put up fractions of :21.78 and :44.37 for the first half-mile of the seven-furlong test and fade to fifth.

“They went so fast (in the Debutante) that everything fell apart, which happens,” Baffert said with a chuckle and nod to Gamine as well as the $2 million Longines Breeders' Cup Distaff.

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Now the colts in the Bob Hope:

“I hate to run them all together, but they're all doing well and deserve a shot,” the trainer offered.

Winning Map debuted with a 4 1/4-length victory in 1:10.20 for six furlongs at Santa Anita on October 3. Messier, is named after NHL Hall of Famer Mark Messier. Messier was a teammate of the Empire Maker colt's co-owner Tom Ryan's father-in-law, Pat Hughes, along with the likes of Wayne Gretzky, Jari Kurri, Paul Coffey, and Grant Fuhr on those legendary Edmonton Oilers teams of the 1980s.

Messier finished second in his first start on June 27 at Los Alamitos and came back on October 22 to win by 6 ½ lengths, matching the time over the same distance that Winning Map had produced three weeks earlier.

“We're taking the blinkers off Messier,” Baffert said. “He's not as quick as the others, but we think it's a good spot for him at a distance he'll like.”

Kamui was beaten a half-length by fellow Hope entrant Forbidden Kingdom at Del Mar on August 21 and came back to score by six lengths in a 5 ½-furlong sprint at Los Alamitos Race Course in Cypress, Calif., on September 11.

The field for the Bob Hope from the rail with jockeys and morning line odds in parentheses: Messier (Flavien Prat, 8/5); Kamui (Abel Cedillo, 5/2); Winning Map (Mike Smith, 7/5); Rock N Rye (Umberto Rispoli, 15-1), and Forbidden Kingdom (Juan Hernandez, 9/2).

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Protonico To Stand For $10,000 During 2022 Breeding Season

Castleton Lyons has announced that top-five second crop sire Protonico will stand for $10,000 LFSN in 2022.

The sire of Kentucky Derby winner and champion 3-year-old colt contender Medina Spirit, who also won the Grade 1 Awesome Again Stakes and was second in the Breeders' Cup Classic, from his first crop has also sired two stakes horses from his second crop to race, bringing his lifetime AEI to 6.33 compared to Curlin (2.28), Tapit (2.24), Into Mischief (2.10) through Nov. 8.

His 2021 yearlings averaged $63,833 with a median of $66,000, and top prices of $120,000 and $100,000.

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