NY Times Names Gamine As Oaks-Day Positive; Robertson Expresses Concern

The Kentucky Horse Racing Commission (KHRC) is conducting a follow-up investigation of a class C medication positive detected in a sample returned from Kentucky Oaks day, according to a KHRC statement Thursday. Joe Drape of The New York Times reported in a story published at 6:43 p.m. that it was the Kentucky Oaks third-place finisher Gamine who returned the positive test, citing “two people familiar with the results of the drug test who requested anonymity because they were not authorized to discuss the issue publicly.”

“The Derby day samples were ‘cleared,’ showing no irregularities,” the statement from the KHRC read. “The Oaks day samples returned a finding for a class C medication in one (1) primary sample.”

The Kentucky Oaks was run at Churchill Downs this year on Sept. 4. The results “should be available” in November, a KHRC spokesperson confirmed. This year’s Breeders’ Cup is scheduled for Nov. 6 and 7.

According to the statement, “the KHRC will follow its established regulatory process in conducting a follow-up investigation of this matter. The name of the horse, trainer and owner will not be released at this time, “in accordance with that process,” the statement read.

Gamine is trained by Bob Baffert, whose attorney Craig Robertson expressed concern over Drape’s story and the fact that the result had been leaked. He released the following statement.

“The current reporting on Gamine is inaccurate and needs to be cleared up. First, Betamethasone is a legal, commonly used anti-inflammatory medication. It is not a `banned substance.’ Second, the medication was administered to Gamine on August 17 by her veterinarian and on the veterinarian’s recommendation. Importantly, the veterinarian followed established medical and regulatory guidelines in administering the medication. The withdrawal guidelines published by the Kentucky Horse Racing Commission recommend that the medication not be given within 14 days of a race. In this instance, as an additional layer of protection, Gamine’s veterinarian last treated her with Betamethasone 18 days before the Oaks.

“Gamine’s test revealed 27 picograms of Betamethasone. The current threshold in Kentucky is 10 picograms. The situation with Gamine highlights two issues that are very troubling and must be addressed by the racing industry. First, the thresholds for many lawful medications such as Betamethasone are way too low. A picogram is a trillionth of a gram. 27 picograms is a minuscule amount that would not affect a thousand pound animal. The regulations governing racing must be ones that are related to pharmacology in a horse as opposed to how sensitive labs can test. Second, trainers and veterinarians must be able to rely on guidelines given them by racing officials. If they are told by regulators that a medication will clear a horses system in 14 days, they must be able to rely on that information.”

Robertson said he was also troubled by the fact that the results of the initial sample had again been leaked to The New York Times.

“It’s very troubling,” said Robertson in an email to the TDN. “There are good reasons why the rules require confidentiality until the split sample comes back and the stewards make a decision. The fact that racing commissions, with increasing frequency, do not abide by their own rules and information is wrongly leaked, poisoning an individual’s right to due process, is inexcusable. The rules are applicable to all parties and racing commissions must abide by the very rules they seek to enforce.”

The KHRC’s official laboratory, Industrial Laboratories in Colorado, conducted the initial analysis.

Churchill Downs carded 13 races on Kentucky Oaks day, including six stakes. The headline act was the GI Longines Kentucky Oaks, won by Shedaresthedevil, with subsequent GI Preakness S. winner Swiss Skydiver second and the favorite, Gamine, back in third.

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Connections Of Justify, Hoppertunity Seek To Prevent CHRB From Conducting Hearings Into 2018 Scopolamine Positives

The owners of Justify and Hoppertunity, along with trainer Bob Baffert and jockeys Mike Smith and Flavien Prat, have filed filed legal action in Los Angeles Superior Court to prevent the California Horse Racing Board from conducting Oct. 29 disqualification hearings into April 2018 victories by Justify in the Santa Anita Derby and Hoppertunity in the Tokyo City Cup.

The writ of mandate, filed on Oct. 13, claims Aug. 25, 2020, actions by the CHRB to reopen the cases are “void, arbitrary, capricious, unconstitutional, beyond the power of the CHRB, and a prejudicial abuse of discretion.” It alleges the CHRB has violated California Code of Regulations and Government Code as well as the due process rights of the petitioners under the U.S. Constitution.

Justify and Hoppertunity, along with five other unnamed horses, tested positive for scopolamine in 2018. According to the legal filing, the Justify and Hoppertunity cases were investigated by the CHRB's equine medical director, Dr. Rick Arthur, and then-CHRB executive director Rick Baedeker. Both determined the “cluster” of scopolamine positives at Santa Anita in 2018 resulted from hay contaminated with jimson weed, proof of which, the writ of mandate states, is that all horses also indicated the presence of atropine, which it states is a “definitive marker of environmental contamination.”

Arthur and Baedeker recommended to the CHRB members in closed-door executive session that all seven scopolamine cases be dismissed, and the board in place at the time unanimously voted to support that recommendation, according to the action filed Oct. 13. The CHRB has several new members who were not on the regulatory body  in 2018.

It wasn't until a September 2019 report in the New York Times that the positive drug tests and decision not to conduct stewards hearings were revealed. Several months later, Mick Ruis, owner of Santa Anita Derby runner-up Bolt d'Oro, filed suit against the CHRB demanding the case against Justify be reopened. Ruis stood to gain $400,000 in purse money (the difference between $600,000 for first and $200,000 for second) and other possible gains if Bolt d'Oro were declared winner of the Grade 1 race.

The Santa Anita Derby win by Justify in his stakes debut earned the Scat Daddy colt 100 qualifying points for the Kentucky Derby. He went on to win the Kentucky Derby, Preakness and Belmont Stakes, then retired to stud undefeated in six starts after being sold to Coolmore Stud for a reported $60 million.

As part of a settlement agreement with Ruis, the CHRB said it would file a complaint against the owners of Justify and conduct a purse disqualification hearing. The CHRB also filed a complaint against the owners of Hoppertunity, though not against the other five unnamed horses testing positive for scopolamine.

The owners of Justify at the time were WinStar Farm LLC, China Horse Club, Head of Plains Partners LLC and Starlight Racing. The owners of Hoppertunity were Michael Pegram, Karl Watson and Paul Weitman.

Attorneys for he petitioners contend scopolamine was – at the time of the April 2018 victories by Justify and Hoppertunity – a Class 4 drug with a C penalty classification under Association of Racing Commissioner guidelines. As such, they contend, a positive test for scopolamine would not trigger a disqualification.

They also contend the CHRB did not act in a timely manner in reopening the cases.

The legal action accuses the CHRB of violating its own rules and engaging in “unfair, arbitrary and capricious conduct. Petitioners have been intentionally treated differently from others similarly situated and there is no rational basis for he difference in treatment.”

As a result of the CHRB's actions, the writ of mandate alleges, the connections of Justify and Hoppertunity “have suffered damages, including in the form of reputational harm.”

The petitioners are seeking a writ of mandate from the court ordering the CHRB to dismiss the complaints and cancel all hearings related to Justify and Hoppertunity's positive tests. They are also seeking unspecified damages, along with attorneys' fees and court costs.

 

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