Mike Smith | Horse Racing Free Tips

Justify, Hoppertunity Disqualification Hearings Should Be Held, California Judge Rules

The connections of 2018 Triple Crown winner Justify and Grade 1 winner Hoppertunity on Thursday were thwarted in their attempt to stave off an Oct. 29 hearing before California Horse Racing Board stewards concerning possible disqualification from April 2018 victories by the two horses at Santa Anita Park because of failed drug tests.

Both horses tested positive for the banned substance scopolamine: Justify, after his win in the Grade 1 Santa Anita Derby; and Hoppertunity in the Grade 3 Tokyo City Cup.

Los Angeles Superior Court Judge James C. Chalfant denied an application for a temporary restraining order requested by attorneys for WinStar Farm, China Horse Club, Head of Plains Partners, and Starlight Racing, the owners of Justify, and Michael Pegram, Karl Watson and Paul Weitman, the owners of Hoppertunity. Trainer Bob Baffert and jockeys Mike Smith and Flavien Prat were also named as petitioners in the case.

Earlier this year, the CHRB settled a lawsuit filed by Mick Ruis, owner of Santa Anita Derby runner-up Bolt d'Oro, conditional on the stewards conducting a hearing into Justify's positive drug test. The case was not pursued in 2018 after CHRB members voted unanimously in closed-door executive session – upon the recommendation of equine medical director Dr. Rick Arthur and then-CHRB executive director Rick Baedekr – not to file complaints. Arthur and Baedeker had investigated the cases and concluded the positive tests were a result of hay contaminated with jimson weed.

Ruis filed suit after learning of the CHRB's actions from a 2019 report in the New York Times.

Attorneys for the connections of the two horses argued that the CHRB was violating government code by reopening a case more than two years after the fact. Attorneys for the state said the petitioners were premature in seeking judicial review because the cases had not yet gone through the administrative process (i.e., a stewards hearing).

“At this hearing, the parties will have the opportunity to present evidence and make argument,” the state said in its opposition to the restraining order. “After the hearing, the Board of Stewards will render a decision. The decision by the Board of Stewards could be in favor of Petitioners or could be against Petitioners. If Petitioners take issue with the decision by the Board of Stewards following the Oct. 29, 2020, hearing, they can file a petition for writ of mandate. … Instead of following the procedures set forth by California law, Petitioners want this court to prematurely intervene and short-circuit the administrative processes of the CHRB.”

Darrell Vienna, an attorney for Ruis, issued a statement after the ruling that stated: “We are pleased that Judge Chalfant saw through this flimsy attempt to delay or avoid a long overdue and proper treatment of the positive tests involving these two horses.”

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Mike Smith To CHRB: New Riding Crop Rule Putting Jockeys, Horses At Greater Risk

Hall of Fame jockey Mike Smith, co-chair of the Jockeys' Guild, has written a letter to California Horse Racing Board members on behalf of the Guild and California riders criticizing a restrictive riding crop rule that went into effect on Oct. 1 over concerns for the safety of horses and riders and the integrity of the sport.

The rule, CHRB 1688, restricts both the manner and frequency with which jockeys may use the riding crop. Under CHRB 1688:

The crop must be used in an underhanded position with the crop always at or below the shoulder level of the jockey.
A maximum of six strikes with hands off the reins is permitted during a race; not more than twice in succession.
There is not a limit on the number of times a jockey may strike a horse on the shoulder while both hands are on the reins, and “flagging” a horse is permitted.

Smith said the rule “to restrict the use of the riding crop to the underhand position … is completely against the technique that every jockey has been taught on the proper use of the riding crop. It is contrary to our instincts and techniques, which in turn is impacting our balance and reaction time. We strongly believe that regulation is extremely hazardous and has added an even greater risk and uncertainty to our profession.”

He also voiced the concerns of riders for racing integrity, saying, “In multiple races over the weekend, jockeys were limited in the encouragement they were able to give the horses, which in turn impacted the outcome of the race and jockeys were unable to maximize placing of the horses.”

Following is the full text of the Oct. 8 letter from Smith to members of the CHRB, a copy of which was obtained by the Paulick Report:

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Dear Members of the California Horse Racing Board

Please accept this letter on behalf of the Jockeys' Guild and all of the jockeys in California. I am writing to you, as well as copying Gov. Gavin Newsom, Sen. Bill Dodd, and Asm. Adam Gray, in yet another effort to express the concerns of the California jockeys regarding CHRB 1688 Use of the Riding Crop, which went into effect on October 1, 2020.

Since the consideration to the changes to the Use of the Riding Crop regulations were introduced, we have voiced various reasons for opposition, including our concerns about safety and the integrity of the sport. In the weeks leading up to the implementation, there were several meetings with the riders at Santa Anita, Golden Gate, and Los Alamitos, including both the Thoroughbred and Quarter Horse jockeys, in which we had discussions on how to move forward.

After the jockeys have attempted to comply with CHRB 1688 this weekend, our concerns have been reiterated and we strongly believe that more than one of us will suffer a serious injury, or even possibly death, from your new rule 1688, which has never been used in the United States, or anywhere else for that matter. In light of the fact that one of our fellow jockeys, Vinnie Bednar, was recently paralyzed in a racing accident at Los Alamitos, the risks are fresh in our minds. And now, you have implemented regulations, that many people, including jockeys, owners, and trainers, believe have created even more safety hazards. The reality is we are very alarmed about the lack of concern for our safety and well-being. Furthermore, not only do we have a concern for our own welfare, but also have grave concerns about the risks being created for the horses.

The CHRB stated the intent is to improve the safety and welfare of the horses with the restrictions on the use of the riding crop. However, as Senator Dodd stated regarding his recently passed racing reform legislation in California, “the goal is to improve the safety of HORSES AND JOCKEYS.”

Unfortunately, historically jockeys have not had a voice and have been considered a lower aspect of racing, both socioeconomically and politically, often times due to race and lack of education. With regards to the Use of the Riding Crop in California it seems this has continued to be the case. We have attempted to participate in the rule making process and provide input based on our professional knowledge and experience. However, for whatever reason, our concerns were not given credence. Even though, the reality is, we are the people who are risking our lives, balancing on the balls of our feet, in a very narrow stirrup, going 35-50 miles per hour on a 1,200 pound horse, surrounded by other jockeys who are doing the same thing.

To restrict the use of the riding crop to the underhand position, as you have currently imposed, is completely against the technique that every jockey has been taught on the proper use of the riding crop. It is contrary to our instincts and techniques, which in turn is impacting our balance and reaction time. We strongly believe that regulation is extremely hazardous and has added an even greater risk and uncertainty to our profession.

Furthermore, to change to specifications of the actual crops we are using, adds to the difficulty of the regulation that is being imposed. The jockeys feel that the use current cushioned riding crop is safer for the equine athlete and does not compromise the horse's welfare. We were actively involved in the refinements and the adoption of the current riding crop to reduce the impact to the equine athlete. When the current cushioned riding crop was introduced, it was strongly encouraged that the horses be subject to inspection by a veterinarian, either regulatory or official, looking for cuts, welts, or bruises on the skin, with any adverse finding being reported to the Stewards. Over the past ten years, when the approved cushioned riding crops were used in the appropriate manner, the welts and cuts have almost been completely eliminated. With that being said, we are supportive of any improvements that can be made to the existing riding crop to create an even more humane crop.

However, any rule making on the composition of the crop must be done in a thoughtful manner after research and input and considerations from the jockeys.

In addition to the increased dangers, there has also been a serious impact on the integrity and outcome of the races. In multiple races over the weekend, jockeys were limited in the encouragement they were able to give the horses, which in turn impacted the outcome of the race and jockeys were unable to maximize placing of the horses. The owners, along with the betting public, both of whom are the driving force behind our sport, were not afforded every possible opportunity maximize return on their investment.

Given the penalties and perils you have created, you are imposing great pressures on the jockeys, to the extent that some are considering leaving California to ride in jurisdictions which are still allowing for reasonable and responsible use of the riding crop. My home, along with several other jockeys, many of whom are Latino, is in California. We do not want to be forced to leave. However, the fear of grave injury and the unreasonable penalties are making many of us reconsider continuing to ride in California.

As the Guild and the jockeys have continued to say the ultimate goal is to establish a standard that is in the best interest of the welfare of the horse, as well as the industry as a whole, including those whose lives are at stake. However, we believe that the new CHRB rule, as adopted, is actually unsafe and will be detrimental to our industry. As such, we are pleading and implore you to reconsider the changes that have been rushed through without thorough consideration of the dangerous implications you have created for us, as well as the horses.

Sincerely,

Mike E. Smith

Co-Chair, Jockeys' Guild

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‘She’s A Throwback Horse’: McPeek Reflects On Swiss Skydiver’s Preakness, Horse Of The Year Discussion

After walking Swiss Skydiver a few turns in the Preakness Stakes Barn at Pimlico in Baltimore, Md., on Sunday morning, trainer Ken McPeek was still trying to wrap his mind around the 3-year-old filly's sensational triumph in Saturday's 145th Preakness Stakes (G1) under a heads-up ride from jockey Robby Albarado.

“I should probably retire today,” McPeek said, “because I don't think it can get higher than this. I really don't. She's beat so many odds. I'm beyond proud of her, proud of Robby and everyone who's handled her. It's been a real team effort. I have some unbelievable people who work for me that help handle the details.”

Peter Callahan's Swiss Skydiver not only beat the boys in the Preakness, the daughter of Daredevil registered the second-fastest running time in the storied history of Maryland's signature Triple Crown race. The 1:53.28 clocking for her thrilling 1 3/16-mile tour of the Pimlico oval was second only to 1973 Triple Crown champion Secretariat's 1:53 stakes-record time.

“It was surreal,” McPeek said. “It's still surreal.”

Swiss Skydiver defeated Kentucky Derby (G1) winner Authentic by a resolute neck to become the sixth filly to win the Preakness and first since Rachel Alexandra got the better of Derby winner Mine That Bird in 2009. After saving ground on the first turn and into the backstretch aboard the McPeek trainee, Albarado made a decisive move that propelled the filly into the lead heading into the far turn, easing his mount around tiring pacesetter Thousand Words before darting back to the rail inside Authentic. Swiss Skydiver and Authentic dueled around the turn and through the stretch with the 11-1 filly gamely holding off the 3-2 favorite to the wire.

The Grade 1 victory aboard Swiss Skydiver was Albarado's first since 2017, as well as his first graded-stakes win of 2020. The veteran jockey, who has ridden the winners of more than 5,200 races and $220 million in purses, has experienced slowing business the past few years but showed the racing world that he can still win the big ones.

“The thing about it was that we took a negative and made it into a positive. We didn't have a rider until Saturday night (Sept. 26),” said McPeek, who was left without a rider when Tyler Gaffalione opted out. “I called Robby right away and I said, 'Here's what it is going to take for you to ride her. We're going to offer the mount to Mike Smith and wait for his agent to call me back. If his agent says no then I'm going to present to the owner that you're going to ride her. He said, 'OK, let me know, let me know.'

Trainer Kenny McPeek

“We waited for Mike Smith's agent to return our offer, but once I got confirmation he couldn't ride her, I called Robby and said, 'You're on.' I said, 'But here's what we're going to do. We're flying up together; we're going to get on her all week.' I think it was fortuitous because he got on her every day and got to know her. He spent time with her and, every day, he got more confident in her. You need a rider with confidence because if she takes you there, she'll win. We pulled it off.”

Swiss Skydiver is scheduled to ship to Churchill Downs Monday morning to prepare for a start on the Nov. 7 Breeders' Cup program at Keeneland in either the Distaff (G1) or the Classic (G1).

“I like the mile and a quarter of the Classic, but the Distaff, today, is probably the wiser move. But the farther she goes the better,” McPeek said. “We can sit on it. We won't make a rash decision.”

Swiss Skydiver entered the Preakness with four graded-stakes victories against 3-year-old fillies, including the Alabama (G1) at Saratoga, and second-place finishes in the Blue Grass (G2) at Keeneland against the boys and Kentucky Oaks (G1) at Churchill. Her victory in the final leg of the reshuffled 2020 Triple Crown puts her in the discussion for Horse of the Year, McPeek said.

“I think you have to make a case for her. I mean, she's run every month of the year except April, and she ran at the end of March and early May. You have to make a case for her. She's entertained coast to coast, north, south, east, west,” he said. “She's amazing. She's not even tired today. She's a throwback horse.”

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‘We Can’t Ride Them To Their Full Potential’: Santa Anita Jockeys Struggle With New Whip Rules

Following the first day under new whip rules at Santa Anita Park, several jockeys shared their continuing frustrations with the Daily Racing Form.

The California Horse Racing Board regulations include:

Riders cannot use the crop more than six times during a race, excluding showing or waiving the crop or tapping the horse on the shoulder.
Riders cannot use the crop more than two times in succession (within the six-time limit) without giving the horse a chance to respond before using the crop again.
The crop must be used in an underhanded position with the crop always at or below the shoulder level of the jockey.

“We can't ride them to their full potential, even if it's a light overhanded tap left-handed,” Drayden Van Dyke told drf.com. “People have to understand to get that whip over to your left hand, there are certain techniques you have to do. Underhanded bars you from being able to do it as quickly. This is a game when every millisecond matters. I think it's really discouraging.”

“In my professional opinion, it's not going to work,” Hall of Famer Mike Smith said. “If you're on a deep track and they're tiring, it doesn't work. It'll cost somebody second money, a win, or third money.”