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Letter To The Editor: Monmouth’s Whip Rules ‘Not Worth Dying For,’ Says Contessa

I have really thought hard about sending this letter, but the time has come to speak up.

I have been a trainer since 1984. I have won over 2,300 races and been on just about every safety panel ever presented to the public. I have over 40 videos on Youtube @GaryContessa because I love to talk about this business and try to teach those interested about this business. I would like to give my thoughts on the Monmouth Park whip rule.

I am all about the safety of racehorses, but even more concerned with the safety of our jockeys. I have told every jockey who ever rode for me and every exercise rider who has ever worked for me, “If you feel something, scratch; if you feel something, bring them home.” I — as well as every one of my peers — do not ever want to be responsible for getting a rider hurt. When riders get hurt by a 1,200-pound horse running 40 miles per hour, it is only luck if they only get bumps and bruises. Usually, their injuries are far worse.

What is happening at Monmouth is typical of what is wrong with our industry. It is not just New Jersey — it is almost everywhere. We have non-horse people in authority dictating safety protocol and rules and regulations for our industry without ever having worked in the front lines and with virtually no experience whatsoever with horses. I may be going on a limb here, but I believe it is a very good guess that whomever set up and pushed the new whip rule in New Jersey never rode a race in his or her life. It is also probable that their lifetime experience with horses is limited to a carousel or a pony ride.

What really bothers me, and again is typical of this industry, is they had no desire to hear what the jockeys had to say on the matter. Now think about this: a 1,200-pound horse ridden by a 110-pound jockey is going to be judged by someone on the roof of the grandstand, or in an office somewhere in New Jersey as to whether or not the rider's whip use was correct.

Let me tell you from experience: because of horses, I have a knee replacement on one side, six screws in the other knee, and seven screws in an ankle, and that is just from working on horses on the ground. Horses can really damage a human if they choose to, be it a trainer, groom, or jockey. Sometimes in the blink of an eye a horse sends you a signal and you say, “Oh boy,” and prepare for the worst. For a jockey riding one at 40 miles per hour, I can tell you the signal that they get from that horse happens in less than the blink of an eye.

Telling a jockey he cannot use the whip is the worst rule I have seen in recent memory. Limiting the use of the whip to three or four hits in a certain place is so much more intelligent than the rule at Monmouth.

We have made the whips now so they are heard but not even felt by the horse. Today's whips are not inhumane and if you need proof, there is a nice video with Ramon Dominguez out there showing that humans feel nothing when hit by the whip. Jockeys need to get a horse's attention before they do something, not after it is too late. When they see those ears going back, when the horse is looking too hard at a competitor or when they grab the bit in an effort to go outside or lug in. We have seen this all too often. In a moment a horse ducks in or out and causes a catastrophic accident while getting tangled up with another horse. The horse behind goes down and every horse behind him goes over him.

Jockeys know what they are doing. They, like myself, get a signal right before a horse is going to do something. Horsemen feel it. That subtle signal that comes right before they are about to do something. Sometimes we pick up that signal and sometimes we end up in a hospital, but to take away a jockey's instinct and threaten punishment for simply doing what they have always done to keep horse and rider safe is a bad precedent, and if I were a jockey I would not want to ride at Monmouth Park. It is just not worth dying for.

–Gary Contessa, multiple graded stakes-winning trainer and top trainer in New York by wins, 2006-08

If you would like to submit a letter to the editor, please write to info at paulickreport.com and include contact information where you may be reached if editorial staff have any questions.

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Day 1 Of Baffert Appeals Hearing Casts Doubt On Laboratory Procedures

The Arkansas Racing Commission has heard its first in two days of evidence related to an appeal from trainer Bob Baffert from his high profile 2020 cases in the state. Baffert is appealing two post-race positive drug tests — one from 2020 Arkansas Derby winner Charlatan and one from stablemate Gamine, who ran at Oaklawn on the same day — as well as a subsequent 15-day suspension issued by stewards for those positives.

The stewards issued their ruling in July 2020 following the races in May. Baffert has said publicly the two positive tests, both for lidocaine, were due to the use of an over-the-counter pain patch by top assistant Jimmy Barnes.

A split sample test performed by the University of Calfornia-Davis lab also revealed the presence of lidocaine metabolites.

At Monday's hearing, attorneys for Baffert outlined seven reasons why they believe the three rulings (the two disqualifications and trainer suspension) should be dropped, primarily focusing on the actions of the drug testing lab.

At the start of 2020, Truesdail Laboratories in Irvine, Calif., was the facility contracted to perform drug testing for Arkansas racing. In March, Truesdail lost its accreditation for horse racing testing from the International Organization for Standardization (ISO) and as a result, it also lost its accreditation from the Racing Medication and Testing Consortium (RMTC). Some jurisdictions, including Arkansas, could no longer legally send their samples to Truesdail without those accreditations.

Truesdail decided to subcontract out some of its work from affected jurisdictions to Industrial Laboratories, which had maintained all the required accreditations. Baffert's attorneys maintain that the terms of the commission's contract with Truesdail doesn't permit subcontracting for drug testing, although the commission disputes this. Dr. Anthony Fontana, technical services manager at Truesdail, said it's actually quite common for one lab to subcontract out to another under various circumstances, such as equipment failure or other logistical issues.

Because of the lab shuffle, post-race samples from Arkansas Derby weekend were sent to Truesdail, which checked them, logged them into the lab's computer system. From there, it seems a number of mistakes were made. Testimony from Truesdail project manager Julie Hagihara revealed that the blood and urine samples from Charlatan, though correctly identified as coming from a colt at the time of collection, were logged by Truesdail as coming from a gelding. Hagihara pointed out that a horse's gender is not considered to be relevant for the purposes of testing for lidocaine.

The samples from Charlatan and Gamine were taken out of the cooler that transported them from the track to Truesdail and put in different coolers for the trip to Industrial – which Baffert's attorneys said was done without the proper paperwork validating the chain of custody.

Representatives of both Industrial and UC-Davis indicated the samples they received were still in the original containers with the red tape seals intact. Baffert attorney Craig Robertson drew several witnesses' attention to a case involving a betamethasone overage by Steve Hobby at the same meet which he says was dismissed in part because the stewards had chain of custody concerns when Truesdail repackaged samples before sending on them to Industrial for testing.

But Dr. Joseph Lokanc, commission veterinarian for the commission, remembered that there was more to the chain of custody question in that case.

“I thought the defect was, when they checked it in, the samples were not cool, there were things missing and as a result they didn't have the chain of custody on that,” Lokanc recalled.

About two weeks after the race, Truesdail officials erroneously told the racing commission that all samples from the Arkansas Derby card were clear. Several days later, Truesdail contacted the commission to notify them of the mistake.

Hagihara signed the original paperwork certifying the positive test, even though she was employed by a different laboratory than the one that conducted the testing – which Baffert's legal team believes invalidates the certification.

Truesdail's accreditation woes in 2020 were not its first; in 2015, the lab was the subject of a quality check by the RMTC after the Indiana Horse Racing Commission voiced concerns over seven missed drug overages revealed during an audit. It has now regained ISO accreditation but not its RMTC accreditation. RMTC lifted its accreditation suspension of the lab in August 2020, but suspended it again in February of this year. Industrial now has a direct contract to do drug testing for the Arkansas commission.

“This current RMTC suspension had nothing to do with our technical ability or faulty systems,” said Fontana. “RMTC itself is not an internationally-recognized accreditation body. They are an advisory board for the industry that offers a form of accreditation but it's not internationally-recognized.”

Fontana currently serves on the RMTC's Scientific Advisory Committee, according to Truesdail's website.

Split samples that were taken on race day were tested by the University of California-Davis, which actually detected a higher concentration of lidocaine metabolites than Industrial had. Testimony revealed that other horses during the Oaklawn meet also had levels of lidocaine in their post-race samples, although the others did not exceed the regulatory threshold to qualify as violations.

Baffert is not scheduled to formally testify at the appeals hearing, which will continue Tuesday, but was present at the proceedings in case he needed to field questions from commissioners.

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‘This Nose Made A Big Difference’: Gutierrez Revels In Letruska’s Apple Blossom Glory

Letruska will remain at Oaklawn for the next few days before possibly heading to Churchill Downs, her trainer, Fausto Gutierrez, said Sunday morning, roughly 12 hours after the Mexican champion edged two-time Eclipse Award winner Monomoy Girl in the $1 million Apple Blossom Handicap (G1) for older fillies and mares at the Hot Springs, Ark., track.

Letruska earned a preliminary Beyer Speed Figure of 102, a career high, for her front-running nose victory under Irad Ortiz Jr. Gutierrez said Letruska came out of the 1 1/16-mile race in good order, but next-race plans are pending for the 5-year-old daughter of 2010 Kentucky Derby winner and Arkansas Derby runner-up Super Saver. Letruska was coming off a runner-up finish, beaten a head by Shedaresthedevil, in the $350,000 Azeri Stakes (G2) March 13 at Oaklawn.

“She ran an incredible race,” Gutierrez said. “We lost in the Azeri by a head. Here, we win by a nose. This nose made a big difference.”

Gutierrez said he initially considered wheeling back Letruska in the $500,000 La Troienne Stakes (G1) April 30 at Churchill Downs, but said it comes back too quick, particularly after a demanding race Saturday. He said shipping to Churchill Downs would still keep Letruska in the Midwest “area.”

Letruska, after not breaking sharply in the Apple Blossom, was pressed by Monomoy Girl and Eclipse Award winner Swiss Skydiver throughout. After briefly surrendering the lead to Monomoy Girl in midstretch, Letruska ($8.80) fought back on the inside to narrowly prevail. It was 6 ½ lengths farther back to Swiss Skydiver in third. The winning time over a fast track was 1:43.14. Letruska carried 118 pounds, six less than high-weighted Monomoy Girl, who was beaten for just the third time in 17 lifetime starts.

“I think we're going to take a little bit more time with her,” Gutierrez said. “The plan is to go to the Breeders' Cup. We need to check in the middle, which races we can go to.”

The Apple Blossom represents the biggest career victory for Gutierrez, 53, who, like the mare's owner/breeder, German Larrea Mota-Velasco (St. George Stable LLC), is from Mexico. Letruska won her first seven career starts, including six at Hipodromo De Las Americas in Mexico City. The streak was highlighted by blowouts in two legs of Mexico's Triple Crown for 3-year-old fillies in 2019 – Clasico Esmeralda (G1) and Clasico Diamante (G1) – when Letruska was named the country's divisional champion.

Letruska and Irad Ortiz Jr. (inside) defeat Monomoy Girl and Florent Geroux in the Apple Blossom

Gutierrez said Letruska's Apple Blossom victory was noteworthy because it made her the first horse to begin its racing career in Mexico to capture a Grade 1 event in the United States. Letruska, in her Grade 1 debut in the United States, finished fifth in the $300,000 Ballerina Stakes (G1) August 8 at Saratoga.

Letruska had previously won the $125,000 Shuvee Stakes (G3) Aug. 30 at Saratoga, $100,000 Rampart Stakes (G3) Dec. 12 at Gulfstream Park and the $300,000 Houston Ladies Classic (G3) Jan. 31 at Sam Houston.

“She's a great horse, she's amazing,” Gutierrez said. “Five years is a perfect age.”

Gutierrez is based in south Florida, where he keeps 12 horses at Palm Meadows Training Center. Letruska, however, remained at Oaklawn following the Azeri, recording two half-mile workouts in advance of the Apple Blossom.

“Of course, this helped, because she adapted better,” Gutierrez said. “She's a horse with a lot character. She liked the track. The weather was perfect. Finally, when you have these type of results, everything is perfect.”

Letruska shipped into trainer John Ortiz's barn last April at Oaklawn (an allowance victory during the early stages of the COVID-19 pandemic) and again for the Azeri. Ortiz and his staff helped care for Letruska following the Azeri, when Gutierrez said he returned twice to Florida.

“Johnny Ortiz, he's a very good friend,” Gutierrez said. “He's a person that helped me with everything and we spoke about what was better for the horse. I feel he's part of this win, 100 percent. He's a young trainer that's had very good results.”

Ortiz, among Oaklawn's top 10 trainers with 12 victories through Saturday, said he galloped Letruska after she arrived in Arkansas, adding she was a “very nice-moving filly” and “fast.”

“We treated her like one of our own,” Ortiz said as he clutched the Apple Blossom trophy late Saturday afternoon. “Nice seeing these type of horses in your barn.”

The victory improved Letruska's record to 13-1-1 from 18 lifetime starts. She collected $600,000 for her Apple Blossom victory to become a millionaire ($1,157,319. Larrea Mota-Velasco, a copper mining mogul, bred Letruska in Kentucky.

Shedaresthedevil, co-owned by Staton Flurry of Hot Springs, is scheduled to make her next start in the La Troienne.

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Brazilian-Bred Royal Ship Overtakes Country Grammer In Californian

In what soon developed into a match race, Richard Mandella's Royal Ship out-gamed Bob Baffert's Country Grammer by a neck following a thrilling stretch duel in Saturday's Grade 2, $200,000 Californian Stakes at Santa Anita in Arcadia, Calif. Ridden by Mike Smith, Brazilian-bred Royal Ship got 1 1/8 miles on a fast track in 1:48.47 and will now be pointed to the G1, $400,000 Hollywood Gold Cup at 1 1/4 miles on May 31.

Idle since running fifth in the G1 Travers Stakes Aug. 8 at Saratoga, Country Grammer was sent from his number three post position while Royal Ship, who had been well off the pace in his four stateside starts for Mandella, was hustled out of the gate and sat a close second early while applying considerable pressure to the front-runner.

A half length back at the three furlong pole, Royal Ship got on terms with Country Grammer a quarter mile out and from there, it was “game-on,” as 3-5 favorite Independence Hall, who sat third throughout, was never a factor.

“Yes, we wanted to be closer today,” said Mandella, who had tried Royal Ship in four graded stakes dating back to Aug. 23, with three of them on turf. “He's fast enough, we didn't need him back off the pace and getting into trouble again. He's always trained well on dirt and the only time we ran him on it, he fell on his face leaving the gate (in the G3 Native Diver on Nov. 21). We didn't have a grass race to point for, so this looked like a good spot.

“We'll run in the Gold Cup next.”

Most recently a fast finishing fifth, beaten one length in the G1 Frank E. Kilroe Mile on turf March 6, Royal Ship was off at 5-1 in a field of five 3-year-olds and up and paid $13.40, $5.80 and $2.60.

“He really fought hard today,” said Smith, who has ridden him in all of his races with Mandella. “I've been very unlucky leaving the gate with him on several different occasions. We ran him on the dirt (at Del Mar) and ran fourth. It seems like every time I get something going my way, something pushes me back two steps and today, finally everything went our way.”

A 5-year-old gelding by Midshipman, Royal Ship is owned by Fox Hill Farms, Inc. and Siena Farm, LLC. A Group 1 and Group 3 stakes winner on grass in Brazil, the Californian marks his first win in three career tries on dirt and his first win in five graded stakes assignments for Mandella. The winner's share of $120,000 increases his earnings to $203,305 from an overall mark of 12-6-1-2.

Ridden by Abel Cedillo, Country Grammer, who won the G3 Peter Pan Stakes for trainer Chad Brown two starts back on July 16 at Saratoga, was making his first start for Baffert and ran a huge race in defeat, finishing 9 ½ lengths in front of Independence Hall.

The second choice at 7-2, Country Grammer paid $5.00 and $2.10.

Ridden by Flavien Prat, Independence Hall, who paid $2.10 to show, demonstrated his customary tactical speed, but the top two got away from him around the far turn and he had to settle for third money, finishing 14 lengths ahead of Magic On Tap.

Fractions on the race were 23.23, 46.98, 1:10.67 and 1:35.39.

Hall of Famer Mandella collected his fourth career win in the Californian, while fellow Hall of Famer Smith, who took the prestigious prep to the Hollywood Gold Cup in 1995 aboard eastern-based Concern, notched his second Californian win.

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