What It Takes For A Reporter To Call Out A Cheating Trainer

We received a frustrated letter to the editor this past weekend with a familiar tune. A horse had won a graded stakes race in impressive fashion, continuing a trend of improved form that had started after the horse left the barn of one trainer for another. Why, the reader asked, did they not see coverage of the race dotted with warnings or aspersions about the trainer and his horse's meteoric rise?

It's a question we've heard before when a trainer has what a horseplayer considers an unusually high win percentage or when a horse turns in a dominant performance.

'Why are you too scared to just say the guy is cheating?' people will ask, usually with too many exclamation points. 'Why do you promote these trainers all the time?' they'll write at the end of a race preview or recap.

There are a few reasons we elected not to run that letter, and a few reasons we're not going to put out articles accusing someone of illegal activity based on suspicions or statistics.

First of all, it's important to understand there are different types of coverage on this and other publications. In our case, stories fall into the basic categories of news, features, and investigations.

If a trainer who readers are suspicious of wins a big race, we cannot pretend they didn't win it. We have to report on the results of that race. Likewise, when a trainer has a top contender for an upcoming race, we have to acknowledge that. These types of stories tend to come with quotes from owners, jockeys, and yes, trainers. Quotes may or may not ring as genuine to us or to our readers, but our job as reporters is to report those quotes and that information accurately. It is not for us to opine on them in those spaces.

Secondly, we get a lot of questions about why we don't “expose” a trainer for what a reader may believe is obvious cheating. Many readers may not realize how difficult that is to do – or how much work goes into an investigation of any kind. For us to report on an illegal drug program, we need details. What substance is being given, how it's given, to which horses, when, and where it comes from. We need proof of all those details, and we need to be able to verify that proof independently. There are relatively few people with access to those details in a barn. Probably, it comes down to the trainer, the trainer's supplier, and some number of staff.

There's a reason it took FBI wire taps to reveal the web of connections between indicted trainers Jorge Navarro and Jason Servis and their alleged doping rings – it's because they believed they were giving horses a performance advantage that would benefit their connections financially, but only if they kept their programs a secret.

One section of the government's evidence included in the March 2020 federal indictment included a mention that Servis warned Navarro via text message about the presence of a racing official in the barn area where the two trainers allegedly stored and administered performance-enhancing drugs to horses. In a call later intercepted between Navarro and co-defendant Michael Tannuzzo, Navarro said “[H]e would've caught our assess [expletive] pumping and pumping and fuming every [expletive] horse [that] runs today.”

But he didn't catch them.

Trainers who are giving horses an illegal edge know how to evade testing, and they know to avoid being caught red-handed by the racing investigators who walk the barns daily in some (but not all) states. Their careers depend on keeping that a secret. They and their suppliers have financial incentive to make sure they leave no proof – in sales records, in the feed room, or, as we saw in the indictment, in veterinary records. They have power over their staff members, who would certainly lose their jobs if they reported their bosses and who may legitimately fear they'd never find work on the backstretch again if they crossed someone powerful.

A reporter like me – with limited access to barns, no subpoena power, and no wire taps – has two choices: call and ask a trainer if they're cheating, or hope someone on the inside can help me get the proof I need. The former isn't likely to help much, since they will either truthfully tell me they're not or lie. It will put them on notice, and if they're doing something they shouldn't be, they're probably going to take that activity more underground than it already was, making it harder for me or anyone else to catch them. The latter is extremely unlikely, but my inbox is always open.

I like to think the Paulick Report has gained the reputation it has for investigative reporting because of how carefully we verify our information before it's published. When pursuing something controversial, we try to not only report the story as fairly as we can, but to verify and reverify every detail to ensure our confidence in the facts we have. Sometimes that means leaving out salacious details, and sometimes it means passing on stories altogether if we can't get the evidence we need. We approach stories this way, yes, partly because we don't want to be hit with a libel suit, but also because we believe these standards foster trust in our readers.

None of this is to say that we don't have our own opinions about what we see out there – just that we can't base a true investigative story on an opinion and a win percentage. Opinions, after all, are like … well, you know the phrase.

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Breeders’ Cup Presents Connections: Kimmel Acknowledges Bittersweet Start To 2021

The racing results from Jan. 23 were bittersweet for veteran trainer John Kimmel. He sent out Pacific Gale to the first graded stakes win of her career at the age of six, but Kimmel was unable to celebrate the mare's win with his close friend and her late owner, Mike Morton.

Morton passed away suddenly in December, collapsing in the middle of the night. He'd had horses in Kimmel's barn for over seven years, and the two grew particularly close after the death of Kimmel's own father in 2018.

“He was almost like a father figure for me in many ways,” said Kimmel, 66. “He had more experience than me in so many things, and he always had a story to tell. He loved talking, this guy, and we talked pretty much every day for the last seven years.

“You always knew it wasn't going to be a short call when the phone rang, but he was such an interesting man. He grew up in the Bronx with nothing, came from pretty much nothing. Each of our conversations usually came accompanied by some sort of story of something he did as a kid, like being a bat boy for the Yankees, or having polio.”

Morton had purchased Pacific Gale for $72,000 at the 2017 OBS 2-year-old sale, and it took several years for the filly's talent to show up on her resume. Racing under the name of Morton's wife, Tobey, Pacific Gale usually finished on the board in her races but had only three wins from 27 starts entering Saturday's contest at Gulfstream Park.

This time, however, the daughter of Flat Out stepped up to win the G2 Inside Information by 2 ¾ lengths.

“I'm sure he's looking down and I hope he had a big bet,” said Kimmel shortly after the race. “He loved to bet on his horses and it's a very generous price she has on the board (16-1). My congratulations to Tobey. I know it's a difficult time but hopefully this filly can put a smile on her face.”

Later in the same afternoon, Kimmel watched via simulcast as his assistant saddled Chester and Mary Broman's Mr. Buff for an easy win in the Jazil Stakes at Aqueduct. Now a 7-year-old gelding, Mr. Buff has won 16 of his 43 lifetime starts for earnings of nearly $1.3 million.

“He's probably the winningest horse I've ever trained,” said Kimmel. “It's a great story in its own right: I also trained his grandsire and sire, and for all the expensive stud fees Mr. Broman has paid in his breeding program, the fee to breed Mr. Buff was one dollar.”

Kimmel trained Friends Lake to win the 2004 Florida Derby, then his son, Friend or Foe, to win a trio of New York stakes races. Both were Broman homebreds, but the owner/breeder did not want to support another stallion in New York, so Friend or Foe was sent to a woman in Maryland to become a jumper on the condition that Broman could breed three mares a year to him for $1.

One of the first mares Broman sent to Friend or Foe was the graded stakes-placed Speightful Affair (Speightstown).

Mr. Buff was foaled in 2014, and while he's yet to add a graded stakes score to his tally, the gelding is regularly competitive in the older dirt division. Kimmel thinks it's just a matter of time before Mr. Buff wins his first graded race, but that it will require sticking to the race tactics that have worked for the horse.

“I think the main thing is that whoever's ridden him on those days has been so concerned about being on the lead, but really the most important factor with him is that when he breaks he needs to find his own rhythm, really drilled it into (jockey) Kendrick (Carmouche's) head. If you take him out of the comfort zone he seems to run out of gas, and he has a much harder time changing his leads.

“Last race he sat back, and his lead transition turning for home was perfect. I think in the future that if whoever's riding him will apply that concept, he certainly runs races that are fast enough that he can be competitive in graded stakes races.”

Of course, Kimmel has been in the racing game long enough to know that talent isn't always enough to win races. Still, he wouldn't change his decision to abandon his veterinary practice for a trainer's license 30 some-odd years ago.

“Unless you were actually involved in a specialty of some sort, like surgery or reproduction, working at the track as a vet just became extremely routine,” said Kimmel, who graduated from the University of Pennsylvania School of Veterinary Medicine in 1980. “I could train my assistant to do about 95 percent of the work; there was very little challenge and very little reward.

“As a trainer, every day is different. There may be lots of disappointment, but there are also lots of rewards, lots of positive things that keep you energized and involved.”

Telling his father, legendary Thoroughbred owner Caesar Kimmel, about his decision to step away from veterinary medicine was another matter entirely.

“Jimmy Toner was training my dad's horses then, and I think he wanted to test out my ability level before he even sent me a horse,” Kimmel remembered. “As time went on he got Jimmy to send me a horse he didn't think much of, Chachi Man, and I won with him first time out at Calder. Eventually he started to believe I knew what I was doing, and we had a really good run for quite some time.

“It was quite an enjoyable thing to work with your father; I couldn't get fired!”

Among the pair's best horses together were G2 Pennsylvania Derby winner Timber Reserve, G1 winner Flat Fleet Feet, G1 winner Hidden Lake, and G2 winner Miss Golden Circle.

“He really enjoyed the horse racing business; it was his favorite thing to do,” Kimmel said of his father. “He used to sit in his office at Rockefeller Plaza writing names down that he thought he could get by The Jockey Club. Ed Bowen was over there, and they always had a funny relationship.

“They interviewed him on television one time, and they wouldn't even let him say some of the names of his horses! It was a lot of fun back then, but it was a very different time, of course.”

One of the horses most often attributed to Kimmel's father's penchant for risque names is the filly Bodacious Tatas. In fact, she was actually owned by the younger Kimmel in partnership with Dennis Drazin.

“Dennis named that horse,” Kimmel said, laughing. “We put that name in at The Jockey Club for three consecutive years, and finally bingo, it went through.”

The 1985 filly was sired by Distinctive Pro, a son of Mr. Prospector in which the younger Kimmel and Drazin had purchased a share. The young partners had wanted to buy a share in Mr. Prospector himself several years earlier, but Kimmel had been unable to convince his father of the horse's stallion potential.

“You see how that worked out,” Kimmel quipped.

When the chance to have a share in one of his sons arrived, Kimmel and Drazin jumped on it with both hands. They bought a few mares to breed to him, including the dam of Bodacious Tatas, Key to Paree.

Bodacious Tatas won her debut at Monmouth Park, encouraging Drazin to bring in a couple of his friends. They paid $100,000 for half-interest in the promising, provocatively-named filly.

“The first time the two new owners come to the races, of course it's a rainy, horrible day,” Kimmel recalled. “Bodacious ran bad, and I remember jockey Craig Perret came back and said, right in front of the new owners, 'Nope, it's not the track, she's just a piece of sh*t.'

“She ran one bad race after another after that, and eventually the two owners wanted us to buy them out. We did, and then ended up sending her to New York for longer races with wider turns, and she must have won by 10 lengths the first time up there!”

The next year, Bodacious Tatas easily defeated the favored mount of Perret in Monmouth's G2 Molly Pitcher Handicap at odds of 13-1. The filly wound up earning over $430,000 on the track.

These days, Kimmel's numbers are down from the 100-plus horses he had in the barn 20 years ago, but he still maintains an active group of approximately 40 horses split between New York and South Florida over the winter months.

“I've done a little bit of everything, from breeder to pinhooker, vet, bloodstock agent, consignor, and even hotwalked back when I was a kid,” Kimmel said. “I like to be really hands on, and I think I have past performances that are not paralleled by too many people in the business, with 10 Grade 1 winners I developed.”

Perhaps part of Kimmel's longevity in the Thoroughbred business can be attributed to his commitment to physical activity. His alarm goes off at 4:15 a.m. each morning, and he spends most of the day at the barn or riding the stable pony on the track. Still, Kimmel finds time to go biking or swimming several afternoons each week.

During the winter he spends dark days fishing on his boat, and he takes special care to plan an annual vacation that includes skiing by helicopter.

“I'm in my mid-60's, but I think I have another trip or two left in my bones,” Kimmel said. “At a resort, you can ski fresh powder maybe one or two times before it gets all tracked up. When you're going into untouched country by helicopter, you can ski powder run after run after run.”

Age is just a number, after all.

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Legislative Fix For HHR In Kentucky Is Coming; Supporters Hope It Will Leave Committee This Week

A legislative fix for the legal question of historic horse racing (HHR) in Kentucky is on the way, according to legislators speaking at a rally held at Keeneland Feb. 1. Sen. John Schickel (R-District 11) told observers at the track and watching online that he plans to introduce a bill before a legislative committee this week that would make the HHR machines at Keeneland and the Red Mile part of the state's definition of parimutuel wagering.

The rally was organized by the Kentucky Equine Education Project (KEEP).

The Kentucky Supreme Court ruled in September that the HHR machines made by Exacta Systems do not qualify as parimutuel wagering because wagers are pooled from multiple races to determine the payout for a wager placed from a given machine. The ruling was in response to a suit brought in civil court by The Family Foundation to have the games halted. The court decided last week not to rehear the case. On Jan. 24, Keeneland and Red Mile, which both have Exacta Systems terminals installed, closed their HHR operations.

“Tonight, I'm going to appeal to your worst fears,” said Sen. Damon Thayer (R-District 17). “Our worst fear is if HHR goes away — and we've already seen it, hopefully temporarily, suspended down at the Red Mile — the result will be cataclysmic. Catastrophic. We are on the cusp of greatness in Kentucky. Now this unfortunate Supreme Court decision last fall has put a temporary straw in our pathway, and we're going to do everything we can to sweep this straw aside.”

Thayer also pointed out that there have been questions about how much of the revenue on HHR goes to the state's general tax fund, with some critics claiming the state is getting short-changed. Thayer said it's important to note that the tax rate of 1.5 percent of gross income on HHR wagering is the same rate paid by living racing and simulcasting. Thayer claimed the rates have been twisted by HHR's critics, who fail to recognize that the 1.5 percent is against the gross income before the tracks pay out to the customer and to purse accounts, and the rate actually works out to roughly 33 percent of net profits.

“You're going to see all kinds of specious arguments and wailing and gnashing of teeth as we try to get this bill passed,” said Thayer. “The opponents of this will make all sorts of wild claims. One of them will be that 1.5 percent of gross is a sweetheart deal; it's not … there's no reason for the racing industry to be ashamed of that. It's worked very well since 2014.”

Schickel took a somewhat different tack, saying that as Kentucky's signature industry, racing should get special consideration.

Both legislators said they had been asked why they weren't advocating for legalizing sports betting along with the new HHR definition, and said that it's important to consider the issues one at a time.

“There are some people who support historical horse racing who do not support sports wagering and casinos,” he said. “One of the reasons I'm so committed to historical horse racing is that the focus is on racing. My buddies at happy hour razz me all the time and say, 'John why are you giving the tracks this sweetheart deal?' And I plead guilty as charged. The reason they are is that Thoroughbred racing is our signature industry, and that's where our focus should be this session.”

KEEP executive vice president Elisabeth Jensen urged attendees to think beyond the Central Kentucky area when pushing their representatives to support HHR. Jensen pointed out that many of the people at the rally were from the same eight or ten counties surrounding Lexington, but successful lobbying will require those who are passionate about the issue to reach out to friends and colleagues in more far-flung areas.

KEEP offers an easy tool for Kentucky residents to contact their legislator about the issue and a petition for those who live outside the state to voice their opinion.

So far, Jensen said people have used the system to send 4,500 unique messages to Kentucky legislators requesting their support for HHR.

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Spooky Channel Gets Perfectly Timed Ride To Win John B. Connally Turf Cup

Trainer Mike Maker had his streak of six consecutive victories in the John B. Connally Turf Cup at Sam Houston Race Park in Houston, Texas, snapped last year when Brad Cox-trained Dot Matrix defeated Bemma's Boy and Marzo from Maker's deep stable of turf runners.

Maker came loaded again this year, with three starters in Sunday's $200,000, Grade 3 Turf Cup, just as he did in 2020. Once again, however, he had to settle for the minor awards as 3-2 favorite Spooky Channel, from the Brian Lynch stable, collared Maker's pace-setting Conviction Trade inside the furlong pole, then held off a furious late rally by Maker-trained Ajourneytofreedom to win by a neck.

Spooky Channel, a 6-year-old English Channel gelding owned by Terry Hamilton, was clocked in 2:30.94 on a firm grass course for the 1 1/2 miles of the Turf Cup. He paid $5 for the win, his ninth in 18 career starts. Ajourneytofreedom finished a length ahead of Conviction Trade, giving Maker a 2-3 finish for the second year in a row. Tenfold was fourth for trainer Steve Asmussen, with Ken McPeek-trained Signalman fifth in the field of a dozen older runners.

The John B. Connally Turf Cup was one of six stakes – two of them graded – offering over $1 million in purses on Sunday's Houston Racing Festival as Sam Houston Race Park in Houston, Texas,

It was a big day for the track, with a record $5.3 million wagered on the 10-race card.

“We are thrilled with the success of this year's Houston Racing Festival and getting a record handle of $5.3 million,” said Frank Hopf, senior director of racing. “It was a team effort from everyone at Sam Houston and our thanks go out to all the horsemen and owners for supporting our meet. This would not be possible without our horseplayers, both here in Texas and nationally. It was a great day.”

Leparoux allowed Spooky Channel to settle into fifth position after breaking from the 10-post in the three-turn Turf Cup. Rafael Hernandez put Conviction Trade in front from the start, going an opening quarter mile in :24.57, a half mile in :48.97 and six furlongs in 1:14.00. Leparoux began asking Spooky Channel to pick it up with a half mile to run, the mile clocked in 1:40.52, and by the time they reached the quarter pole, after 1 1/4 miles in 2:05.67, he was on the front-runner's right flank.

Conviction Trade fought back and maintained a half-length lead with a furlong to run, but Spooky Channel finally put him away just as Ajourneytofreedom and Jesus Castanon emerged on the scene with a powerful stretch rally that came up just short at the wire.

“I have ridden him before and felt he would like this turf course,” said Leparoux.  “Brian and I talked and we knew he would have enough to come off the pace and make his run. He left it up to me and the horse did exactly what he hoped for.”

Spooky Channel began his racing career for Hamilton in Arizona in the care of trainer Clay Brinson, winning six of his first eight starts at Turf Paradise, including the 1 7/8-mile Hasta La Vista Handicap.

After shipping east and being transferred to Lynch's barn (following one off-the-board finish at Canterbury Park), Spooky Channel has won three of nine, including the G3 W.L. McKnight Stakes at Gulfstream Park in January 2020. Following a sixth-place finish in the G1 Manhattan Stakes at Belmont Park last July 4, was given some time off, then returned to be fourth in the G2 Ft. Lauderdale at Gulfstrealm Park on Dec. 12. He trained up to the Turf Cup at Palm Meadows Training Center in South Florida.

“It was exciting to be part of the big stakes day at Sam Houston Race Park,” said Lynch from his base in South Florida. “Spooky Channel is a true marathoner and ran a great race. Julien is a multiple Eclipse winning rider and I am one of his biggest fans. I am grateful to my owner Terry Hamilton, who is also a great friend.”

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