The Week in Review: Does the Path to the Classic Run Through Parx

It was 35 years ago this weekend that Broad Brush bolted to the outside fence at the top of the stretch while on a clear lead in the Pennsylvania Derby, then amazingly re-rallied to claw back the lead for an improbable win.

They've long since rebranded Philadelphia Park to Parx, added a racino, and been awarded an upgrade of that track's premier stakes from Grade II to Grade I. But history tends to repeat, and that same quirky spot at the quarter pole proved eerily enigmatic yet again on Saturday, this time for Hot Rod Charlie (Oxbow), whose momentum exceeded his maneuverability while spinning out of the final bend in the Pennsylvania Derby.

His arch-rival, Midnight Bourbon (Tiznow), got cast adrift toward the crown of the course by “Chuck's” sudden centrifugal impulse. But both colts were back into stride within a few jumps of straightening into the lane, storming home through a :12.83 final eighth in which Hot Rod Charlie incrementally widened to a winning margin of 2 1/4 lengths at the wire. He earned the highest Beyer Sped Figure (111) by any 3-year-old this season in a two-turn race.

The drama (foul claim, inquiry, no DQ) generated by these two sophomores at Parx certainly wasn't the perilous sort supplied by their stretch run of the GI Befair.com Haskell S. July 17, when Hot Rod Charlie shifted in and caused Midnight Bourbon to clip heels and dislodge his jockey, who escaped serious injury. Chuck's abrupt lane changing that afternoon did result in his number coming down at Monmouth Park, so his Pennsylvania Derby score registered as the colt's first Grade I win.

Prior to Saturday, Hot Rod Charlie had been edged out in his only other three Grade I attempts: he was second, beaten three-quarters of a length at 94-1 in last year's Breeders' Cup Juvenile; third, beaten one length in the Kentucky Derby; then second, beaten 1 1/4 lengths in the Belmont S. Two of those Grade I defeats were gallant tries behind the formidable divisional leader, the 8-for-9 lifetime 'TDN Rising Star' and juvenile champ Essential Quality (Tapit).

Now that the year's final Grade I dirt route for straight 3-year-olds has been run, those two loom as the top sophomores aiming for the GI Breeders' Cup Classic Nov. 6 at Del Mar.

Since the year 2000, seven 3-year-olds have defeated older horses in the Classic. Do the colts in this year's crop have a shot at knocking off older divisional stalwarts like Knicks Go (Paynter) and Maxfield (Street Sense)?

Essential Quality certainly rates as the most professional Classic aspirant among the 3-year-olds. This athletic gray always looks comfortable while on the prowl in his ever-dangerous stalk mode, and he has the ability to unleash an overdriven, deep-stretch torque that is not so much a sensational burst of power as a crushingly blunt display of sustained intensity. This is evident in Essential Quality's margins of victory. He doesn't win races by running up the score by many lengths. Rather, this colt knows what is required and simply does it, relishing the challenge of protracted stretch fights.

In the GI Runhappy Travers S., Essential Quality and Midnight Bourbon brushed and battled in determined lockstep through a final quarter mile clocked in an astoundingly fast :23.15 (the fastest two furlongs of that stakes in at least three decades). One concern is that back in April, when Essential Quality won the GII Toyota Blue Grass S. after another demanding stretch scrap (final eighth in :12.53), the effort seemed to sap him for the Kentucky Derby four weeks later, resulting in his only lifetime loss. This time around after a hard race, Essential Quality will train for the 10 weeks leading up to the Classic–meaning the concern now becomes too much of a time gap between starts.

Hot Rod Charlie, on the other hand, still gives the impression of a work in progress. This is not necessarily a knock against him. In fact, it suggests there is still a vein of raw talent beneath the surface that has yet to be fully mined and polished for optimal performance.

Chuck is a consistent speed horse who neither shies from adversity nor requires being on the lead to run effectively. Early in his career, it was easy to stamp him as an outlandish longshot who got lucky by cashing in on a spent speed duel, giving Essential Quality a brief scare in the Breeders' Cup. But after his breakthrough win in the GII Louisiana Derby (in which he gamely repulsed the repeated challenges of Midnight Bourbon) and a Kentucky Derby third (where, for a tantalizing moment in upper stretch, it looked as if Chuck had a chance to reel in the leaders), this colt's ability crystalized into a more reliable commodity.

Hot Rod Charlie still hasn't figured out how to seamlessly fuse the high-impact speed of his older brother (2019 sprint champ Mitole) with the no-nonsense staying power of his sire (Oxbow, the gutsy victor of the 2013 GI Preakness S.). But a bet on Chuck in the Classic will be a wager predicated on this colt being able to produce a performance that exceeds what we've already seen from him (and his peers) up to this point.

Medina Spirit (Protonico), the Kentucky Derby winner, had been entered in the Pennsylvania Derby but was withdrawn by trainer Bob Baffert earlier in the week based on tactical concerns over getting stuck with post position nine. Instead, the colt will start in the GI Awesome Again S. at Santa Anita Oct. 2. That nine-furlong start will come against 3-year-olds and up, but the field size is sure to be more to Baffert's liking. In the past three runnings, it has featured only five and six (twice) starters.

Medina Spirit–purchased for $1,000 at OBSWIN and $35,000 at OBSOPN–began the year far down the depth chart of Baffert's then-deep roster of 3-year-olds. It took two races before a mid-March operation to fix an entrapped epiglottis yielded positive results on the racetrack, but Medina Spirit's all-business, half-length Derby victory was accomplished under continuous pressure through the fastest final two Derby furlongs in a decade.

For certain, the ongoing saga over the colt's still-not-adjudicated betamethasone positive in the Derby and the subsequent banishment (and attempted banishment) of Baffert from major racing circuits has overshadowed Medina Spirit for the past four months. But he's still a plucky overachiever who outruns expectations. After a flat third in the Preakness, Medina Spirit won his late-summer comeback start, a wire job in the Shared Belief S. at Del Mar Aug. 29. He was hustled to the lead and continually hounded in that race, yet found another gear in the stretch as the competition withered behind him.

'TDN Rising Star' Life Is Good (Into Mischief) ran his record to 4-for-5 Saturday at Belmont Park with what amounted to a “public workout” win at 1-20 odds in the GII Kelso H. (just four horses started and only three finished). The former Baffert trainee was the early Derby favorite until he got sidelined in March with an ankle chip (since surgically repaired).

Now trained by Todd Pletcher, Life Is Good could be a fascinating Classic inclusion. But having never raced beyond 1 1/16 miles at this stage of the season, Pletcher has indicated that the GI Dirt Mile could be the more realistic Breeders' Cup option.

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Letter to the Editor: Cynthia McGinnes

For the sake of being entirely accurate, which would help members of the press and public who aren't close followers of racing, I think it is important to clarify that Bob Baffert's positive tests have all been for overages of permitted medications not for banned substances.

I think it is an important point to make, as it is not the same as what Jason Servis was using. Also, the positive test for Gamine in the Oaks was within the rules–she received the Beta Vet 18 days before the race, which had a 14-day suggested withdrawal time. Gamine did not clear the medication within that withdrawal time, which happens occasionally.

Finally, perhaps not everyone knows that the Arkansas Racing Commission vacated the disqualifications for Gamine and Charlatan, restoring the purse money, because of problems with the testing. Several other horses that day turned up positive for lidocaine. Baffert and several other trainers, I believe, paid fines as absolute insurers, but there were no further penalties because of problems with the testing.

For the six months after Gamine's Oaks, which was an explainable violation, Baffert had no further positives until the Derby, where the tests are still ongoing as to which beta variant tested positive.

Actually, if the first Saturday in May hadn't been the first day of the month, it would not have been five in one year. Since May 1 there have been no further positives, making it basically one in the last year.

I feel as if the media has used incomplete information to blacken racing's reputation, and hope you feel the same way. I believe that it was the fungus cream that tested, as Baffert knew from Gamine's experience not to trust a withdrawal time for Beta Vet, and he certainly knew it would test. Medina Spirit' s performance was not enhanced in any way. The Derby winner was not doped!

I do hope as one of the most-read and -trusted publications that you can help to get the difference between banned substances and overages of permitted medications

made clear to the general public and media. Racing doesn't deserve this black eye.

Yours truly,

Cynthia McGinnes

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Bret Calhoun Joins Writers’ Room

On the heels of a breakout performance from his juvenile filly Hidden Connection (Connect) in Saturday's GIII Pocahontas S. at Churchill, trainer Bret Calhoun joined the TDN Writers' Room presented by Keeneland Wednesday morning to talk about his new barn star, upcoming career milestones, the closure of his old home track Arlington Park this weekend and more.

Calling in via Zoom as the Green Group Guest of the Week, Calhoun was asked about how Hidden Connection's 9 1/4-length tour de force beneath the Twin Spires compared to his expectations for the filly.

“Trainers have got a million excuses, we're always nervous. We don't have quite what we want. Nothing rarely goes perfect,” Calhoun said. “But this filly showed a lot of talent early on. She breaks her maiden impressively, very easily. But we've got basically 30 days from a 5 1/2[-furlong] maiden race at Colonial to come to the Pocahontas at a mile and a 16th. So there wasn't a lot of time to prepare like I wanted. She always looked like she wanted to go two turns in the morning, but until you do it, it's a

lot to ask. With that being said, I did have a lot of confidence in her going in and I really felt like she would run really, really well that night. I thought she would get a good position on the first turn,and we really thought she wanted to go on. But like I said, until they prove it, you're not for sure.”

Calhoun has accomplished a lot since taking out his trainer's license in 1994, and currently has 3,308 wins to go along with over $92 million in earnings. He expressed gratitude and said he's far from done when asked to reflect on those numbers.

“It's been an unbelievable run. I'm hoping to reach 4,000 wins and $100 million in earnings. I love the sport. I love the horses. And it's provided a good living for me. I can't say enough about the business and what it's done for me. A lot of people have to go to job every day that they can't stand. I go to a job every day that I love.”

Elsewhere on the show, which is also sponsored by Spendthrift Farm, West Point Thoroughbreds and Legacy Bloodstock, the writers returned to the studio to discuss trainer Charlie Appleby's dominance in America, Tomas Mejia's 10-year suspension for using a buzzer, Bob Baffert's scratch of Medina Spirit (Protonico) from the GI Pennsylvania Derby and more. Click here to watch the podcast; click here for the audio-only version or find it on Apple Podcasts or Spotify.

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Baffert Alleges NYRA Violating Court Order in ‘Sham Hearing’ Attempt

Trainer Bob Baffert filed a motion Wednesday asking a federal judge to hold the New York Racing Association (NYRA) in civil contempt for trying to schedule a hearing under its newly created exclusionary procedures that could once again bar him from participating at NYRA's tracks.

The basis for the contempt allegation is NYRA's “failure to comply with the terms of the Court's July 14, 2021, Memorandum & Order enjoining it from enforcing its unlawful suspension of Baffert from New York racetracks.”

According to a Sept. 22 filing by Baffert's legal team, “NYRA seems to believe now that it can simply offer a sham hearing and get around the Court's ruling by creating rules after the fact.”

The seven-time GI Kentucky Derby-winning trainer with a history of highly publicized equine drug violations wants the court to issue an order “staying NYRA's renewed attempt to suspend him.”

Baffert is also requesting that the court “admonish NYRA for its behavior” and immediately order it to 1) Cease and desist from all conduct concerning or relating in any way to any suspension of Baffert until after the full conclusion of the case; 2) Order NYRA to pay a $5,000 fine for each day that it does not comply with the court's directives; 3) Reimburse Baffert for his attorneys' fees and court costs related to the new motion for contempt.

“Baffert's requests are reasonable given that NYRA's violations were plainly taken in bad faith,” the trainer's legal team wrote. “The Court has already warned NYRA concerning its efforts to suspend Baffert indefinitely and without due process of law. Clearly, and despite the existing injunction, NYRA believes it may nonetheless disregard any traditional constitutional safeguards and proceed however it wants. This behavior is precisely what Baffert's injunction was intended to halt.”

Patrick McKenna, NYRA's communications director, told TDN via email that all actions taken by NYRA have been in compliance with court orders.

Wednesday's filing is the latest salvo in the increasingly litigious saga that began May 17 when NYRA informed Baffert via letter that he was temporarily not welcome to stable or race at Saratoga Race Course, Belmont Park and Aqueduct Racetrack because of his string of recent equine drug positives.

NYRA's banishment came 16 days after the Baffert-trained Medina Spirit (Protonico) tested positive for betamethasone after the colt won the GI Kentucky Derby. Even though that case has still not resulted in any Kentucky ruling against Baffert, in the 12 months prior to Medina Spirit's positive, four other Baffert trainees also tested positive for banned substances, two of them in Grade I stakes.

Baffert responded June 14 by filing a civil complaint alleging that the NYRA ban violated his constitutional right to due process.

On July 14, the eve of the lucrative Saratoga season, Judge Carol Bagley Amon of United States District Court (Eastern District of New York) granted Baffert a preliminary injunction that allowed him to race at New York's premier tracks until the lawsuit was adjudicated.

But Amon also wrote in that ruling that “Baffert should have been given notice of all of the reasons that NYRA intended to suspend him….[The] benefits of providing notice and a pre-suspension hearing would likely have been substantial.”

In the wake of that ruling, NYRA has since drafted and distributed a new set of rules and procedures for holding hearings and issuing determinations designed to suspend licensees who engage in injurious conduct.

After those rules were made public, NYRA, on Sept. 10, wrote a letter summoning Baffert to appear at a video conference hearing Sept. 27. (Separately, NYRA had already moved for dismissal of the entire lawsuit).

On Tuesday, Baffert's legal team submitted a letter to the judge that gave notification that a contempt filing was imminent. That letter also asked for a pre-motion hearing on the subject.

But Judge Amon–as she has already done once in this case when NYRA's attorneys made a similar request for a pre-motion hearing on another matter–nixed the idea of adding another time-consuming appearance to the growing court docket in this case.

In a handwritten note penned atop the Sept. 21 letter from Baffert's legal team, Amon wrote that there would be no pre-motion conference, and that Baffert's attorneys instead had to file any “contempt” motion by 10 a.m. Sept. 22. NYRA then would have one week to respond to it.

The Wednesday filing emphasizes three key points for why the judge should find NYRA in contempt: “A) The Court's Order is clear and unambiguous…B) NYRA's recent actions are clear and convincing evidence of noncompliance with the Court's Order…C) NYRA's actions are not an attempt to comply in a reasonable manner.”

Baffert's filing also alleges that NYRA isn't even following the procedures outlined in its just-implemented hearing process.

“[NYRA's] newly created rules make clear that the notice of hearing is required to include the 'proposed penalty being sought.' Nothing in its 12-page letter and notice to Baffert makes any reference to the length of the suspension NYRA seeks to impose. The Court has already found this to be problematic…. This is the exact same thing NYRA seeks to do again-impose an indefinite suspension…All of these deficiencies in NYRA's newly implemented procedures indicate why due process is so important…

“Further, Baffert cannot reasonably expect a fair proceeding when NYRA controls the outcome of the hearing, refuses to tell him what punishment he may face and gives him no right to appeal. Due process plainly requires 'notice and an opportunity to be heard at a meaningful time and in a meaningful manner,'” the filing continues. “None of those basic components have been met here, which is the entire reason Baffert brought this action against NYRA in the first place.”

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