Updated: Tests Show Gulfstream Filly Did Not Die Of EHV-1

Two barns at Gulfstream Park were briefly placed under a precautionary quarantine after an accident on the track's backstretch this week. The Daily Racing Form and Thoroughbred Daily News reported Wednesday morning that a filly escaped handlers Tuesday morning and ran through the barn area for a period of time, entering a barn that she was not stabled in before being caught. She was later found down in her stall suffering from neurological symptoms Tuesday night and was euthanized.

Because it was initially unclear whether the horse suffered some kind of trauma earlier in the day which led to her incapacitation or if she was suffering neurological disease, state animal health officials suggested implementing a quarantine while awaiting results of the filly's necropsy. 1/ST Racing chief veterinary officer Dr. Dionne Benson confirmed Wednesday afternoon that test samples from the horse were negative for EHV-1.

Elsewhere in Florida, a large horse show in Ocala is the center of an EHV-1 outbreak with two confirmed cases as of Wednesday. On Tuesday, an EHV-1 case was reported at Laurel Park, resulting in a quarantine of four barns there and a cancellation of the Friday racing card.

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Phillips: TAA Isn’t There Just To Care For Horses, But To Protect Racing’s Future

“I take care of my own,” responded the prominent owner who declined to make a commitment of financial support to the Thoroughbred Aftercare Alliance.

In that response is a lack of understanding about the purpose of the TAA. While the “goal” of the TAA is to assure that Thoroughbreds exiting racing receive a soft landing with a new owner who promises to assume responsibility of care, thereby relieving the racing industry of its responsibility. The “purpose” of the TAA is to protect the sport of horse racing and thereby assure its future. The goal and purpose are very different things.

It makes little difference to the TAA if you believe that horses are just livestock or that horses are a revered companion animal worthy of better treatment. These are individual values, a debate about which the TAA need not engage. What is incontestable, however, is that if we want Thoroughbred horse racing to survive, all of us must commit to a broad scope of aftercare, more than just “taking care of my own.”

Racing participants understand that Thoroughbred racing is essentially a pyramid with graded stakes at the top, descending through a myriad of classes to a very broad base of claiming ranks at the lowest end of performance. While owners and breeders of every ilk aspire to the pyramid's peak, the reality is that everyone who has owned, trained or bred horses for very long has had their share of disappointments. These disappointments work through the system and generally depart the sport through these bottom claiming ranks. All know this and rely upon the broad base to hold up the value of those special horses at the top of the pyramid. Without this base the economics of the sport will not function.

It is wonderful that so many top breeders, trainers and owners have special outlets or their own field of equine pensioners that they take care of post racing. But not all Thoroughbreds are so lucky and with the mobility and breath of our sport, keeping track of a horse you bred, raced or trained is an effort. And besides, people say, isn't that someone else's responsibility once ownership of the horse was transferred?

In a perfect world, it is the transferees' responsibility, but this is not a perfect world. Those “special equines” who earn private pensioner status rely on a healthy sport with its broad base of the less talented through which they rise to earn that “special” pensioned treatment. To be clear, the TAA vigorously pursues all sectors and all levels, including the most modest of our sport, to help finance their on-the-ground partners who do the work of retraining, rehoming and sanctuary. These efforts most certainly include education and fundraising at the very base of the pyramid. But efforts at the base of the pyramid, while financially helpful, burn a lot of oxygen and are more long-term approaches at a time when the public demands immediate results.

John Phillips

This sport is a privilege. Those of us who have enjoyed its thrills and love its culture, however experienced, must do more than just “take care of our own.” We must take care of the future of the sport and if that means we must do more than our share of aftercare, then so be it. To whom much is given, much is also required.

The TAA, with an ever-increasing number of partners (the total is now estimated to be at 83) with 175 retraining, rehoming or retirement facilities, is desperately trying to defend the sport by answering the public's clear demand for a soft landing of our athletes as they exit racing competition. TAA is a well thought-out, practical and effective answer to the public's concern. Our “first exit from racing” philosophy is getting closer every year to assuring that all horses exiting racing get this soft landing from the sport.

Whether you're an owner, breeder, buyer or seller, a stallion farm or trainer, when the TAA seeks your support, keep in mind that our “purpose” is to protect the sport. And now with COVID-19 negatively impacting TAA's income, we need those who “take care of their own” for which the TAA is most appreciative, to take one further step and help the TAA take care of the sport.

John Phillips is a third-generation horseman, owner of Darby Dan Farm near Lexington, Ky., and manager of Phillips Racing Partnership. Phillips has served on a number of board positions in the racing industry and has previously been a director of the board of the Bluegrass Conservancy, Thoroughbred Club of America, and Breeders' Cup, and is currently a director of The Jockey Club Information Systems and is on TOBA's executive committee. Phillips also served two terms as a racing commissioner in Kentucky. He is the immediate past president of the Thoroughbred Aftercare Alliance and serves on its board and executive committee.

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Proposed Kentucky Legislation Would Help Lighten Financial Strain From Animal Control In Abuse Cases

Animal cruelty and neglect cases are often fraught with legal and logistical challenges for the law enforcement or animal control officers handling them – not the least of which is what to do with animals that must be seized. A 2016 case of large-scale equine neglect in Mercer County, Ky., highlighted many of those challenges as dozens of horses had to be kept in place and fed by volunteers with donated hay while authorities investigated and worked to determine their ownership. One of the challenges in that case was finding someplace for the horses to go once volunteers received clearance to move them.

That case received plenty of publicity and horses were dispersed to rightful owners or to rescue facilities quickly, but in many lesser-known cases in more outlying areas, animal control officers don't have many resources to care for seized animals. Animals seized in the course of a cruelty investigation cannot be adopted out or sold until the case is closed or unless the owner gives consent, sticking already-strapped local law enforcement with months' worth of bills. When horses are involved, a seizure can be even more expensive than a case limited to dogs or cats.

Kentucky State Rep. Cherylynn Stevenson (D-District 88) is hoping new legislation could make that burden lighter. HB100 could make the owner of an animal seized during the course of a cruelty investigation responsible for the cost of the animal's care during the course of the criminal case or until the animal is relinquished.

The bill was born from a discussion Stevenson had with an animal control officer in her home district of Lexington, but improving Kentucky's animal care laws has been on her radar for some time.

“As I was campaigning and going door to door canvassing, we realized that nine out of ten houses in my district had an animal, so we started carrying cat treats and dog treats with us,” said Stevenson. “We realized that it was a really great bridge for the political divide. A lot of people care about animals and want to see [animal welfare] improve here in our state.”

For many years the Animal Legal Defense Fund placed Kentucky last on its rankings of states based on the strength of their animal welfare laws. Stevenson said that ranking may improve slightly after the state amended a law last year that had previously prohibited veterinarians from reporting suspected animal cruelty.

The cost of seized animals is no small consideration – Stevenson recalled one seizure of over 100 cats where board bills for the animals topped $80,000. Many local authorities don't have facilities to house horses at all and are reliant on non-profits to find a stall or pasture space. Then they're faced with the fact that horses are even more expensive to feed and maintain.

“I think we'll see a greater number of animals be saved if this goes through, because there will be a recourse then for all the upkeep, any vet care,” she said. “Ultimately if shelters aren't doing this and taxpayers aren't paying for it, that's a win for everybody.”

Legislation on other types of animal welfare topics has sometimes faced an uphill battle in Kentucky, where agriculture is prevalent and many residents have strong feelings about private property rights. Stevenson admitted this bill could face some opposition from those factions, as well as from defense attorneys who might bristle at the idea their clients could face financial judgments in addition to fines or other sanctions. It's not uncommon for attorneys or clients to prolong cases a part of their legal strategy, which would result in a higher care bill for the animal's owner under the proposed legislation. Sometimes, Stevenson said, animals are returned to their owner prior to the end of a case because the county can no longer afford to care for them.

The bill does have bipartisan support however, and the Kentucky Equine Education Project (KEEP) has placed its support behind the language.

“I think getting that equine stamp of approval is very helpful,” she said. “I think there's going to always be some folks out there who look at that property rights issue and they're not going to budge. And that's ok – not everyone has to agree all the time … we're trying to be as transparent as we can and have conversations with folks before it comes up before committee.”

Stevenson expects the bill to come before committee on Feb. 17.

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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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