NYRA Adds To Baffert Files: Trainer Said ‘Someone’ Gave Bute To His Horses, Would Offer Reward To Solve Case

The New York Racing Association, which will present its case to exclude trainer Bob Baffert  at a Jan. 24 disciplinary hearing, added to its “statement of charges” against the Hall of Fame horseman, referencing two additional medication violations in California in 2019, along with an investigator's report citing “25 different kinds of medications not properly labeled and expired” found in an unlocked medicine cabinet during an August 2019 search of Baffert's barn at Del Mar by the California Horse Racing Board.

NYRA, quoting from a CHRB Report of Investigation,  said Baffert reacted to the two 2019 violations – both for overages of the non-steroidal anti-inflammatory phenylbutazone – by saying “he thinks someone is intentionally giving Bute to his horses and mentioned that he would be offering a reward to help solve the case.”

It isn't known if anyone ever received a reward.

The two overages for Bute in California in 2019  are in addition to five medication violations for Baffert runners in three states between May 2, 2020, and May 1, 2021. Those violations included lidocaine positives for Charlatan and Gamine at Oaklawn in Arkansas on May 2, 2020, Charlatan in the G1 Arkansas Derby and Gamine in an allowance race. Both horses were disqualified, according to a stewards rulings, but the Arkansas Racing Commission reinstated their victories and merely fined Baffert. On July 25, 2021, Merneith tested positive at Del Mar for dextrorphan, and Baffert was fined $2,500. Gamine tested positive for a second time in 2020, this time for the corticosteroid betamethasone, after finishing third in the G1 Kentucky Oaks on Sept. 4. She was disqualified and Baffert fined $1,500.

The fifth failed drug test came on May 1, 2021, when Medina Spirit tested positive for betamethasone after finishing first in the G1 Kentucky Derby. The case has yet to be heard by Kentucky stewards, though Baffert's attorneys have said the positive test resulted from an ointment used to treat a skin rash and not from an injection of the drug.

The two Bute overages in 2019 were found days apart at Del Mar in Cruel Intention, who finished third on July 27, and Eclair, who finished fourth on Aug. 3.

A statement from NYRA said: “NYRA has amended its Statement of Charges issued against Bob Baffert to reflect additional facts, conclusions and details based on NYRA's ongoing investigation of Mr. Baffert's conduct. The NYRA Hearing Rules and Procedures provide a formalized mechanism for a respondent to reply to charges and to participate in a hearing in accordance with due process rights. The hearing for Mr. Baffert is scheduled to begin on January 24, 2022.

“A designated hearing officer will ensure the proceedings are fairly and impartially conducted in accordance with NYRA's Hearing Rules and Procedures. Following the proceeding, the hearing officer will issue a report containing findings of fact, conclusions of law, and a recommended disposition.”

The amended Statement of Charges also cites “public statements made by Mr. Baffert and others regarding Mr. Baffert's claimed retention of a veterinarian (which did not occur) to ensure against future violations, and the implementation of rule changes by Churchill Downs with respect to the qualifying point structure for the Kentucky Oaks and Kentucky Derby.”

Churchill Downs Inc. has excluded Baffert from stabling or racing at any of its facilities, including Churchill Downs in Louisville, Ky. The exclusion runs through the end of the 2023 spring meet at Churchill Downs. In addition, Baffert-trained horses are not eligible to win qualifying points in designated Road to the Kentucky Derby prep races.

NYRA attempted to ban Baffert shortly after he was excluded by Churchill Downs, but Baffert sued in federal court, saying he was denied due process. A judge ruled in his favor and NYRA established rules for the subsequent disciplinary hearing.

O. Peter Sherwood, a retired New York State Supreme Court justice, will serve as hearing officer in the Baffert matter.

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Australian Thoroughbred Welfare Report Emphasizes Traceability, Need For New Group To Deal With OTTB Challenges

An Australian task force recently released a 141-page report summarizing its investigation into Thoroughbred welfare in that country. The group analyzed data from a number of surveys, collected feedback from more than 180 people inside and outside of the racing industry, and held consultation meetings with more than 50 organizations and individuals since March 2020 – all in an effort to define how Australian racing can improve welfare of its Thoroughbreds.

The impetus for the project was a television feature by ABC's 7.30 program about the gaps in Australia's aftercare system, highlighted by shocking video footage of ex-racehorses being abused prior to being killed in a slaughterhouse. The panel, comprised of veterinarians and government advisors, was supported by an industry working group which included trainers, owners, breeders, and jockey representatives.

The final report laid out 46 recommendations for change, many of which the panel believed could be handled by a new organization it tentatively called Thoroughbred Welfare Australia. Although Australian racing is governed differently than racing in the United States, there were a number of familiar echoes in both the challenges identified by the group and potential solutions.

The report's authors, the Thoroughbred Aftercare Welfare Working Group (TAWWG) tackled head-on the philosophical challenge that divides some in American racing when it comes to off-track Thoroughbreds (OTTBs). TAWWG acknowledges that “many Thoroughbreds will spend the vast majority of their lives outside the industry” and also that in many cases (including the actions of the slaughterhouse workers featured in the ABC piece), acts of abuse or neglect are perpetrated on ex-racehorses by people who are not licensed by racing authorities. Many of those people may end up with racehorses years and multiple degrees of separation after the horses' retirement from racing or purpose breeding. Nonetheless, TAWWG points out, the public does not seem to recognize a change in the racing industry's responsibility towards these horses simply due to their change in careers.

As in American racing, TAWWG and others have found it difficult to come up with micro-level solutions for aftercare challenges because there is not sufficient recordkeeping on current or former racehorses. One of the group's biggest suggestions was that the industry improve traceability of Thoroughbreds, ideally as part of a national system for traceability of all horses. In Australia, as in the States, horses considered by governments to be livestock in some contexts, but not others. For the purposes of traceability, they are not monitored the same way as animals more commonly entering the human food chain like cattle, whose migration between farms and facilities must be traced for food safety purposes. As such, it is difficult to know how many horses retire from racing in need of homes, how many successfully find long-term second careers, how many are slaughtered, how many are ultimately part of neglect cases, etc.

Australian racing authorities, like The Jockey Club, do require check-ins from owners and trainers at different parts of the Thoroughbred's life cycle. TAWWG commissioned a series of surveys to learn more about how accurate this check-in data was, and also to try to gain a sense of how many horses were coming off the track in need of new careers.

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In a 2020 study, Dr. Meredith Flash and the Australian Thoroughbred Wellbeing Project at the University of Melbourne took a look at birth records, race records, and retirement records for Thoroughbreds and found that 28 percent of horses of registered horses had not officially entered training by the age of four. Of those, a survey found 38 percent had died, 29 percent had been diverted to new careers, and 24 percent were in unofficial training by an unlicensed trainer. The survey was only answered by a fraction of potential respondents, but the data could indicate as many as 10 percent of Australia's foal crop dies before the age of four without ever racing.

In somewhat more encouraging news however, a separate study found that by the age of eight, 65 percent of racing Thoroughbreds were retired and rehomed. Fifty-nine percent of retirements were voluntary (not due to injury) while 28 percent were due to injury.

Overall, Flash's research found that the median age for retirement was five. Interestingly, there was also an increase in the percentage of the foal crop that raced at three between 2000 and 2016, suggesting improved health and welfare for the foal crop overall. When pulling together available data on breeding activity, Flash and others estimate that 66 percent of each foal crop would require aftercare options. Based on current Australian foal crops, that results in about 8,535 horses each year that will leave the industry in need of rehoming. That figure does not include horses that retire to breeding careers, nor horses that retire from breeding careers later.

The report also tackled the question of whether slaughter was an acceptable end to a Thoroughbred's life. While some members of the industry were accepting of the concept philosophically, TAWWG pointed out that ethical slaughter of horses has specific requirements for facility set-up and handling to minimize stress on the animals if it is to be done humanely. (Slaughter, both for human consumption abroad and for use in animal products, is legal in Australia.)

The report indicated a need for universal welfare standards for horses, to better enable enforcement action from Thoroughbred regulators and law enforcement for mistreatment of horses, including ex-racehorses.

The new group would be charged with establishing a “national Thoroughbred safety net” for any horse who may need rescue from poor welfare situations, working with local, state, and national authorities to create a national traceability register, create diverse opportunities for Thoroughbreds in new career, build a consensus welfare standard, develop training continuing education for licensees to ease a horse's eventual transition to an off-track career, and more. And where would the money come from for such a system? Mandatory fees for breeders ($300 on foal registration), owners ($300 when a horse is registered as a racing animals), trainers (1% of earnings), jockeys (1% of earnings), the breed registry ($1 million to $1.5 million), donations, and sponsorships. Altogether, the report estimated the new organization would have $9.9 million to $10.8 million in funding, based on current numbers.

“Without the contribution of its horses, everything from the major racing carnivals that attract international attention, the 80,000 jobs the industry supports nationwide, through to the hundreds of millions of dollars in taxes raised each year, do not exist,” the report's authors wrote. “It is therefore incumbent on the industry to take all reasonable steps to ensure the welfare of its horses, including those that have retired from the racetrack and the breeding farm. Indeed, the very future of the Australian Thoroughbred industry is at risk if lifelong horse welfare is not addressed.”

Access the full report here.

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Dash Attack ‘Sling Shots’ To Victory In Oaklawn’s Smarty Jones

Impressive Dec. 5 maiden winner Dash Attack made the successful step up to stakes competition with a powerful victory in Saturday's $250,000 Smarty Jones Stakes at Oaklawn in Hot Springs, Ark. In the process, the colt, who races for Catalyst Stable, Magdalena Racing, Kevin Pollard and Patty Slevin, earned 10 important points toward Kentucky Derby eligibility.

Dash Attack broke a step behind the field from his rail post, but that allowed him to settle into seventh place. Ruggs led the field through an opening quarter mile in :23.03 before relenting the lead to Ben Diesel before a half mile in :46.38. Jockey David Cohen moved the winner out of traffic and they came four-wide into the lane after six furlongs in 1:12.34 before drawing off to win by two lengths over Barber Road, who also closed fast to earn four points for second. Final time for the one-mile race was 1:39.44 over a sloppy track.

“He broke a little flat-footed today, but was able to work out a pretty good trip,” Cohen said. “I had to move a little earlier than I would have liked. I like to be a little more patient with the horse, but given the short stretch, it was the time to go and I saw one opportunity to get out (of traffic). I pointed him in that direction and got that so-called sling shot effort. He really turned up his game and turned on the power.”

Ignitus finished third by a head in front of Advent Stakes-winner Kavod. Ignitus earned two points toward Kentucky Derby eligibility, while Kavod earned one.

Dash Attack, a Munnings colt trained by Kenny McPeek, is now a perfect two for two and has earned  $205,440. He returned $17.40, $8.60 and $5.60 at odds of 7-1.

“I'm just really pleased with the job David (Cohen) and my team did over there,” McPeek said, when reached by telephone in Florida. “Just an impressive run by that colt. Look, he's still just figuring it out, this horse. I knew he would come from off the pace. I saw that he got off a little awkward. I just didn't want David to rush things and it looked to me like he started to, but then as the race unfolded, he kind of ended up in a pocket for a while. But good horses overcome things and he's done that, for sure.”

Live racing resumes Sunday with a 12:30 p.m. Central first post. The next race in Oaklawn's 3-year-old series is the $750,000 Southwest Stakes (G3) on Saturday, Jan. 29.

Updated Kentucky Derby Leaderboard

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Newgrange, Rockefeller Give Baffert 1-2 Finish In Sham, But Neither Horse Earns Kentucky Derby Points

Ho hum.

Another year, another bevy of top-shelf 3-year-old colts for trainer Bob Baffert.  That was the storyline at Santa Anita in Arcadia, Calif., on Saturday, as Baffert runners Newgrange and Rockefeller ran one-two throughout in the Grade 3, $100,000 Sham Stakes for 3-year-olds at one mile, giving him three consecutive wins in the Sham and eight overall.  Ridden to victory by John Velazquez, who collected his third stakes win on the fourth day of the meet, Newgrange, who slowed things down nicely, prevailed by 2 ¾ lengths and got the distance in 1:38.32 after fractions of :24.46, :48.94, 1:12.84 and 1:25.27.

With post time favorite Rockefeller drawn to his immediate outside, the Baffert pair were hustled from the gate but quickly settled into nice rhythm, with Newgrange maintaining a one-length advantage leaving the three-furlong pole and he was in complete command turning for home.

The third choice at 5-2, Newgrange, who was a first-out maiden winner going six furlongs under Velazquez Nov. 28 at Del Mar, paid $7.40.

No match for his stablemate late, Rockefeller held off a fast finishing Oviatt Class by a nose for second and paid $2.60 and $2.20 as the 3-2 favorite with Flavien Prat.

“There was one speed, the other Bob Baffert horse (Rockefeller) and I'm pretty sure he didn't want them in a head and head,” Velazquez said. “He told me to put my horse on the lead. Once my horse got to the lead he waited. I took a little hold of him and he kind of started waiting for the horses, so I started waiting for the horses to come to him, by the time we got to the backside I kind of let him do his own thing. I let him get in a comfortable rhythm, after that it was pretty easy though.

“He's so green,” the rider added, “he feels like he got on by himself, he was waiting for horses so, I had to give him a little reminder to keep his mind on running and his gallop out was pretty good so it still seems like he's learning.”

In an encouraging performance, Oviatt Class finished well into slow splits and acts like a colt who could improve with added distance for trainer Keith Desormeaux.  Ridden by his brother Kent, Oviatt Class was off at 4-1 and paid $2.40 to show.

Although any Baffert runners are not now eligible for Kentucky Derby qualifying points – after Baffert-trained Medina Spirit failed a drug test following his first-place finish in the 2021 Kentucky Derby – the conditions of the race state that the winner is to receive 10 points, with four for second, two for third third, and one point for the fourth-place finisher, MacKinnon. Churchill Downs Inc., which runs the Derby at its flagship track in Louisville, Ky., has excluded Baffert horses from participating at any of its tracks through the end of the 2023 spring meeting at Churchill Downs and further stated the horses are not eligible for qualifying points if Baffert is their trainer.

Updated Kentucky Derby Leaderboard

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