CHRB Denies Stay of Justify Decision, Will Entertain Appeal

In the latest detour in the exhaustive legal saga stemming from Justify's 2018 GI Santa Anita Derby win, the connections of the horse during his racing career filed a notice last week with the California Horse Racing Board (CHRB) requesting that the agency entertain an appeal of a recent board of stewards decision disqualifying the horse from the race and to stay the purse distribution.

In response, the CHRB have denied a stay of the stewards' decision but stated that it will “assign a Hearing Officer in this matter where the issue of timeliness of the appeal and appeal itself will be heard and a proposed decision submitted to the Board for consideration,” according to an order issued by the CHRB Tuesday.

The plaintiffs in the appeal are owners China Horse Club International Limited, Head of Plains Partners, Starlight Racing, WinStar Farm, jockey Mike Smith and trainer Bob Baffert.

After the New York Times first reported that Justify had tested positive post-race for scopolamine, Mick Ruis, owner-trainer of the runner-up that day, Bolt d'Oro, sought to have the result of the race overturned with Bolt d'Oro declared the winner.

Ruis alleged that the CHRB failed to follow its own rules when it decided not to pursue penalties after Justify's positive test. The CHRB argued that Justify should not be disqualified because the positive test was the result of contamination linked to jimson weed.

At the end of last year, a Los Angeles County Superior Court judge ordered the CHRB to set aside the stewards' 2020 decision and issue a new ruling disqualifying winner Justify from the Santa Anita Derby.

Early in March, the CHRB reached a separate settlement that called for the agency to pay Ruis $300,000, and to order a redistribution of the $1-million purse.

In last week's notice, Amanda Groves, who represents Justify's connections, argued that grounds for an appeal included how the plaintiffs were not a party to the lawsuit between Ruis and the CHRB, leading to “Procedural irregularities and denial of due process and/or a fair and impartial hearing.”

Groves also reiterated the CHRB's original claim, writing that “it is undisputed that the positive scopolamine test was a result of environmental contamination due to inadvertent exposure to jimsonweed in hay/straw.”

BloodHorse reported that Ruis's attorneys had filed a response arguing that none of the grounds raised in the appeal are relevant.

When asked about the contents of the letter, Darrell Vienna, who represents Ruis, told the TDN that the CHRB issued the disqualification order “because they were ordered to do so by the court.”

The court did not demand that the CHRB hold another hearing on the matter, Vienna added. “It just issued an order to disqualify the horse, Justify, and to redistribute the purse,” he said.

“If the Justify parties have issue with that, that issue should be addressed at the Superior Court, in my opinion,” said Vienna. “If the court orders a subordinate agency to do something, they must do it.”

According to last week's notice of appeal, Justify's first-place finish in the Santa Anita Derby accrued the owners a combined $585,000, while Smith and Baffert each received $58,450.

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The Week in Review: The Case for Idiomatic as Horse of the Year

More often than not, when the horses hit the finish line for the last Breeders' Cup race of the day, we know who the Horse of the Year is. Usually, someone has done enough to separate themselves from the pack: Flightline (Tapit), Knicks Go (Paynter), Authentic (Into Mischief). Or no one stepped up to unseat the leading contender going in.

We have nothing of the kind this year. There were plenty of standout performances on Breeders' Cup Day, but that's part of the problem. The leading contenders are so evenly matched on paper that this has turned into one of the most wide-open races for the title in memory.

There are five horses that deserve consideration for Horse of the Year: White Abarrio (Race Day); Cody's Wish (Curlin); Arcangelo (Arrogate); Up to the Mark (Not This Time); Idiomatic (Curlin).

Here are their credentials:

White Abarrio: He won the GI Breeders' Cup Classic and the last three winners of that race have been named Horse of the Year. He has two Grade I wins and they came in two huge spots, the Classic and the GI Whitney S. The knock on him is that's really all there is to his resume. He has just three wins on the year and the third was in an allowance race at Gulfstream.

Cody's Wish: He had another stellar year, topped by his repeat win in the GI Breeders' Cup Dirt Mile. He was 4-for-5 on the year with three Grade I wins and another in a Grade II. Was a feel-good story, which probably should count for something. His lone setback on the year came when he tried nine furlongs in the Whitney and was whipped by White Abarrio, losing by 10 lengths.

Arcangelo: The colt and his trainer, the well-spoken and charismatic Jena Antonucci, gave the sport a lift when it really needed one, winning the GI Belmont S. He came right back to win the GI Travers S. and needed one more win, in the Classic, to lock up Horse of the Year. That didn't happen when he had to be withdrawn from the race with a foot issue. Missing the Classic puts him at a disadvantage because so many Breeders' Cup winners have strong credentials. Also the winner of the GIII Peter Pan. S., he has three stakes wins and two Grade I wins on the year.

Up To The Mark: Had he won the GI Breeders' Cup Turf, he would have wrapped up Horse of the Year. But he didn't, losing by three-quarters of a length. He was unlucky to lose. On the winner, Auguste Rodin (Ire) (Deep Impact {Jpn}), jockey Ryan Moore turned in one of the best rides in Breeders' Cup history, saving every inch of ground and daring to go through what was a tight opening on the rail. Even in defeat, Up to the Mark deserves credit for his performance in the Turf. He was beaten by a horse who had won three of the biggest races in Europe in the G1 Irish Champion S., the G1 Irish Derby and the G1 Epsom Derby. Up to the Mark was 5-for-7 on the year and won three stakes, all of them Grade I's.

Idiomatic: Capped off a stellar year by defeating a strong field with a win in the GI Breeders' Cup Distaff. It probably wasn't even her best race as she had to grind every step of the way in the stretch to win in a blanket finish in which four horses were separated by little more than a length at the wire. She got a 96 Beyer, her lowest figure since she was second in the May 6 GI Ruffian S. at Belmont. She was 8-for-9 on the year, won three Grade I's, a Grade II and a Grade III. The Distaff was her fifth straight win. The only knock is that she spent the first part of her year running in allowance races and in the Latonia S. at Turfway Park.

And the winner is?

With apologies to Cody's Wish, Arcangelo, White Abarrio, my vote goes to Idiomatic. Like Cody's Wish and Up to the Mark, she won three Grade I races. No one won more. Like White Abarrio and Cody's Wish, she is a Breeders' Cup winner. What sets her apart from the rest is her overall body of work. Horse of the Year shouldn't always be about who won the Classic or who had the best performance on Breeders' Cup Day. Voters need to give consideration to who had the best year, from start to finish. In an era where five races on the year from a White Abarrio can be considered a full campaign, what Idiomatic did was remarkable. She ran nine times, won eight races and made starts in all but two months, April and September. Top-level horses just don't do that anymore.

It's not easy for a filly or mare to be named Horse of the Year. No one has done it since Havre de Grace (Saint Liam) in 2011 and it's only been done six times since the inception of the Eclipse Awards in 1971. It only happens when there's no no-brainer candidate among the male horses, which was the case this year.

It's a tough call and I have no problem with any of the five horses I've mentioned being named Horse of the Year, but Idiomatic deserves to be recognized for a year unlike anything we've seen in a long time.

More Eclipse Thoughts

I will have a real problem with anyone who votes for Auguste Rodin over Up to the Mark for the male turf championship. Yes, Auguste Rodin beat Up to the Mark in the Turf and, yes, he won three big Group I's in Europe. But these are the championships of American racing and what he did in Europe doesn't matter. Eclipse voters have always given too much consideration to these one-hit wonders who swoop in from Europe and win a Breeders' Cup race. As is the case with Idiomatic, you have to look at a horse's overall body of work and Up to the Mark was the best turf horse this country has produced since Bricks and Mortar (Giant's Causeway), the 2019 Horse of the Year. He is the turf champion.

The Amazing Irad Ortiz Jr.

Irad Ortiz Jr. won three more Breeders' Cup races, giving him 20 for his career and moving him to second place behind Mike Smith, who has won 27 races. What Ortiz has done in such a short period of time is remarkable, and he is on pace to blow apart all Breeders' Cup records for jockeys.

Ortiz didn't have his first Breeders' Cup mount until 2012 and his first Breeders' Cup winner until 2014. He's just 31 and should have at least 20 more good years in front of him. Smith didn't ride his 20th Breeders' Cup winner until he was 48 and it took him 23 years to get there. Ortiz is going to blow right past him on his way to setting records that may never be broken.

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Geaux Rocket Ride Injured During Morning Work

GI Breeders' Cup Classic contender Geaux Rocket Ride (Candy Ride {Arg}) was pulled up during a routine morning work Saturday at Santa Anita. He was vanned off after being helped into the ambulance. The GI Haskell S. winner was breezing into the stretch under veteran jockey Mike Smith when the incident occurred.

An update from the Breeders' Cup read: “Geaux Rocket Ride sustained an open condylar fracture with intersesmoidian ligament damage to his right front leg during a workout this morning under Mike Smith, who was uninjured, dismounted, and tended to the horse. Geaux Rocket Ride was taken via equine ambulance to the Southern California Equine Foundation (SCEF) equine hospital at Santa Anita Park and has since been transferred to his barn to undergo additional evaluation and diagnostics to determine the appropriate course of action. Our thoughts, along with those of the entire racing community, are with trainer Richard Mandella, the Pin Oak Stud LLC team, and all those who care for him during this difficult time.

 

Leading up to the World Championships, the Breeders' Cup has been working closely with Santa Anita Park, the California Horse Racing Board (CHRB), and our veterinary team to ensure every Breeders' Cup runner is fit to race. The Breeders' Cup Veterinary Team also coordinated with regulatory and track veterinarians across the country to thoroughly review the veterinary records associated with all potential Breeders' Cup runners starting in early October. This expanded veterinary review protocol is designed to ensure, to the extent possible, every horse that made the trip to Santa Anita Park for the World Championships was sound to race and train. We have faith in these processes, which include expanded veterinary exam protocols, increased testing, 24-hour equine surveillance starting Tuesday, Oct. 31 for domestic runners and Sunday, Oct. 29 for international runners, and enhanced reporting requirements.

Safety always comes first, which is why Breeders' Cup and industry leaders like the CHRB and 1/ST Racing have been longtime advocates for the uniform safety and integrity reforms that eventually became part of HISA. We are constantly evaluating and updating our safety and screening measures so we can continue to provide the safest possible racing environment.”

 

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Tamara Works At Santa Anita for BC Juvenile Fillies

Undefeated Tamara (Bolt d'Oro) worked six furlongs in 1:12.60 at Santa Anita Saturday morning in preparation for her next start in the Breeders' Cup Juvenile Fillies under Mike Smith, who has been aboard the two-year-old daughter of Beholder for each of her two wins.

In the work Tamara hooked up with some company, reportedly an unraced two-year-old colt, whom she outworked.

“I was actually kind of hoping to gain some company,” Smith told Zoe Cadman, “and it worked out great. If I hadn't, she's a pretty good work horse if you want her to be. But we were fortunate to catch a little company and she went really nice this morning. I gave them a five-length head start and she came up to them. I gave her a little breather around the turn and headed for home. I let her turn over to her right lead and I wanted to see if she was there, and boy she set me back in the seat, so all systems are go. She's not a tall horse, but she's long and she's very athletic and she really gets up under herself good. You could put a glass of water up on her back and turn her loose out there and she probably wouldn't spill half of it. She's just so smooth.”

Trainer Richard Mandella also pronounced himself pleased with the work.

“She can run,” said Mandella. “She's not a big horse, but when the time is needed, she rises to the occasion. She swells up. She's not tall, she's kind of stocky and stout and growing as we go along. She'll end up bigger than this, but she's big enough,” he concluded with a smile.

Mandella, of course, trained Beholder and Smith was the regular rider on Songbird, whom Beholder beat in her last-ever race in the 2016 Breeders' Cup Distaff. Smith was asked about the irony of that as Tamara's regular rider.

“I even rode her mother once,” said Smith, “but It's pretty cool. I guess it means I've been around for a little bit. It's kind of cool to see these young ones come up and look, she's got a long ways to go before she comes close to her mother, but she's certainly on the right track.”

As for the upcoming Breeders' Cup, Smith said, “I can't wait. I'm really looking forward to it, especially getting to ride a filly with the kind of talent she does. If all goes well, the sky's the limit for her.”

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