Experts Say Arkansas Derby Split Sample Still On Schedule–The Only Difference Is The World Is Waiting On It

Ever since word leaked out that Charlatan tested positive for a substance widely reported to be lidocaine following the Grade 1 Arkansas Derby on May 2, one of the biggest questions on the minds of readers is – isn't this an inordinately long period of time to wait for the split sample test?

The answer: no, not really.

Dr. Scott Stanley, who previously served as director of toxicology at Truesdail Laboratories and the Kenneth L. Maddy Equine Analytical Chemistry Laboratory at University of California-Davis, said this particular split sample came along at a tough time.

“In general, split tests for drugs detected in urine samples take three to four weeks minimum,” said Stanley, who is now a faculty member at the University of Kentucky's Maxwell H. Gluck Equine Research Center and UK Department of Veterinary Science. “In the busy season — late spring and summer months — those turnaround times often increase because of the heavy workload at most equine labs. This year is much worse, because most of the equine testing labs were shut down because of COVID-19, [and] the few labs still operating had reduced staff with social distancing required. The lab's first priority is to their own clients with split samples scheduled in available time.

“Taking all these circumstances into consideration, I wouldn't be surprise if any split sample this spring were to take six to eight weeks.”

The referee laboratory in this case likely didn't receive the split sample until late May or early June, putting us four weeks into the process. Stewards confirmed to the Paulick Report July 1 that the split results are not yet complete.

Why does it feel to race fans (and certainly, no doubt, to Charlatan's trainer, Bob Baffert) like an awfully long time to wait for results?

Probably because we're not often aware of how long the road between a positive post-race drug test and a stewards' ruling is until after a case is concluded. Just days ago, we reported on a settlement reached between trainer John Sadler and the California Horse Racing Board for three medication violations incurred in April and May 2019 for gabapentin and clenbuterol. In early February, Louisiana stewards fined trainer Joe Sharp for levamisole positives his horses incurred in December, which he said were the result of a deworming product.

The public typically isn't aware of drug positives until after a split sample has come back, an investigation is complete, and the stewards issue a ruling. That's because most racing jurisdictions have rules or statutes specifying post-race positives be kept confidential for some period of time. In some states, it's until the stewards make a ruling, in others it's until a hearing has been held, and in still other cases it's for a set period of time after the positive has been reported by the laboratory to the regulatory body.

The lone exception to this could soon be California. The California Horse Racing Board found itself under fire last year after the New York Times revealed 2018 Triple Crown winner Justify tested positive for scopolamine after his Santa Anita Derby win. A split sample confirmed the presence of the substance, and a CHRB investigation concluded it was a result of contamination from jimson weed. The regulatory body held a hearing into the matter behind closed doors (in August 2018, roughly four months after the race in question) and no one knew it had happened at all until the Times report. For many, it was the lack of transparency in the process, which was completely permissible by state statute, that was more troubling than the positive test.

Since then, California SB 800 has sought to change the state's Business and Professions Code on this point. Among other provisions, the bill would add a section to existing law requiring the CHRB to put on its website results of “all nonconfidential official test samples” within five business days of confirmation of the split sample or the waiver of split sample by the trainer rather than keep those results confidential until after a hearing and ruling.

SB 800 has passed the California Senate unanimously and has moved on to the Assembly Committee on Governmental Organization as of June 18.

“The confidentiality requirement is in the Business & Professions Code, meaning it takes action by the Legislature, not the Board,” said Scott Chaney, executive director of the CHRB. “If it eventually passes both the Senate and Assembly and is signed by the Governor, it will become law on January 1. We anticipate that all of these things will happen.”

Of course, that still doesn't mean the public will have access to an initial positive test – a test performed by a state-contracted laboratory at the order of a state government body. To some fans and members of the public, it may seem that information should be part of the public record.

On the other side of the fence though, attorneys say disclosing post-race test results without the benefit of a split sample could truncate a trainer's right to be treated as innocent until proven guilty.

“A lab calls a positive and of course that's an allegation — there hasn't been due process,” said attorney Drew Mollica. “So I'm taking this for granted, no commission has ever told me this, but I'm thinking the commission says that it's only an allegation. They don't distribute the purse, they keep it confidential until they litigate it.”

Charlatan ended up with an injury that took him off the Kentucky Derby trail anyway. But if he hadn't, Mollica points out that a positive in a Derby points race has consequences for other trainers and owners as long as it remains unresolved, whether they're told about it ahead of a split sample test or not.

Justify was not disqualified for his post-Santa Anita Derby overage because officials ultimately decided his positive test was due to contamination. But if he had been disqualified in August from his Derby prep win in April, it certainly would have raised questions about the time it takes the commission and laboratories to complete initial testing, split sample testing, an investigation, and a ruling and/or hearing.

“Here's my problem with that in this day and age, especially when it relates to the Kentucky Derby — because of the points to get into the Derby, you have a problem now,” said Mollica. “Horses get into the Derby on the points, so I'm of the opinion that if the test comes up bad in those races, they should announce it because it has ramifications.

“In the real world, you're innocent until proven guilty. We as defense lawyers want due process. But I think there's a competing interest as it relates to these Derby races that get horses to the next level that might not belong there. This is a problem, and I don't think they should award the points until it's been litigated. I know that's a problem, especially if you win points two weeks before the Derby and it gets you in, but there are ramifications here for the people who are second and third.

“Justice delayed is justice denied, I get it. A rush to judgment is also bad. There are competing interests. I understand both sides of it.”

Besides the impacts of disclosure and nondisclosure to trainers and fans, there are other people who could be impacted by knowing which races and trainers are awaiting the results of a split: the employees of the laboratory asked to do the split sample test.

“In my experience at LGC we used a laboratory information management system that assigned a laboratory number to every sample upon receipt,” said Dr. Rick Sams, former laboratory director for LGC Sport Science in Lexington, Ky. “The sample was identified only by this number while in the laboratory so that testing personnel would not know the origin or history of any sample. This was done for the purpose of reducing bias. Nevertheless, I find it unfortunate and disturbing that the findings for this sample were released and the trainer identified before the split sample analysis had been completed because this put the split sample laboratory in a very difficult position.”

The situation could become especially sticky if for some reason the referee laboratory has a different finding than the lab which conducted the initial positive test – how will the public trust the results now that everyone, including the referee lab, knows the split sample came from an accomplished trainer and an impactful race? Could the release of the initial test results impact the commission's case (or Baffert's) if the stewards end up disqualifying the horse?

For now, it seems everyone – the horse's connections and the public alike – have more questions than answers.

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PR Special Fasig-Tipton Midlantic Sale: Boyd Browning On The Changing Auction Calendar

CLICK HERE TO READ THIS EDITION OF THE PR SPECIAL

Whether you're on the sales grounds or following along from home or the farm, the Paulick Report has reading material for the Fasig-Tipton Midlantic 2-Year-Olds In Training Sale with a jam-packed online-exclusive edition of the PR Special.

In this issue, Fasig-Tipton president Boyd Browning chats with bloodstock editor Joe Nevills about navigating a hectic spring of cancelling and rescheduling sales through the COVID-19 pandemic, how that affected the upcoming Midlantic sale, and how it guides his expectations for the remainder of the juvenile auction season and beyond in 2020.

The Stallion Spotlight focuses on champion Will Take Charge, with Tom Hamm of Three Chimneys discussing what crosses work best with the young sire, and what sets him apart in a talented class vying to be the last great son of Unbridled's Song at stud.

In Ask Your Veterinarian, Dr. Brad Tanner of Rood and Riddle Equine Hospital tackles the subject of “parrot mouth” in horses, and the ways to correct and manage it.

Nevills takes a walk around the barns to ask industry members about their favorite races they've seen in person in the latest edition of INQUIRY, and then he speaks to bloodstock agent Chad Schumer about how getting stuck with future Breeders' Cup runner Worldly taught him that everything happens for a reason in Lesson Horses. We then dive through the catalog to see who is on offer from the rookie class at the Midlantic sale in First-Crop Sire Watch.

As a small token of our gratitude, we'll be offering one PR Special reader a free Paulick Report baseball cap. Information to sign up for the drawing can be found in the issue.

Thanks to our sponsors for making this issue of the PR Special possible:

CLICK HERE TO READ THIS EDITION OF THE PR SPECIAL

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At Arm’s Length: Wild Stretch Run At Parx Racing

Asbury Ave was declared the winner of the second race at Parx Racing in Bensalem, Pa., on June 24, 2020, after a stewards inquiry and two jockey claims of foul stemming from an incident in the stretch that included one rider reaching over and appearing to push or grab one of his rivals .

Vencil and jockey Adam Bowman was first across the line, finishing a nose in front of Asbury Ave and jockey Hector Caballero, who moments earlier had his arm extended toward jockey Laureano Flores Jr., aboard Afleet Melody. Stewards ruled that Vencil drifted out, causing interference against Asbury Ave, original third-place finisher Afleet Melody and original fourth-place finisher Inspired Options.

Vencil was disqualified and placed fourth.

A rider's claim of foul by Flores on Afleet Melody against Asbury Ave and Caballero was dismissed by the stewards. The Equibase chart footnotes say Caballero “reached out and pushed the rider of Afleet Melody for several strides.” Carlos Mercado, agent for Caballero, said his rider told him that his whip got tangled up with Flores and Afleet Melody. Once his arm was free, Caballero resumed using the whip on Asbury Ave and came up a nose short at the finish, though he ended up with the victory via disqualification anyway.

Those who bet Asbury Ave, at 60-1 the longest shot in the field of seven maiden claimers, were rewarded with mutuel payoffs of $122.40 to win, $39.60 to place and $16.230 to show.

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Belmont Unplugged: Without Fans, The Essence Of The Sport Was Absent

I am proud to say I have covered every Belmont Stakes since 1998.

I watched in awe as American Pharoah emphatically ended a 37-year Triple Crown drought and the roar of a Belmont Park crowd capped at 90,000 all but carried him to a gate-to-wire 5 ½-length triumph in 2015.

I watched in dismay as Birdstone ran down wildly popular 2004 Triple Crown threat Smarty Jones and a record throng of 120,139 spectators at Belmont Park instantly fell silent, realizing there would be no Smarty party. Triumphant owner Marylou Whitney was so disturbed by the outcome that she apologized to Roy and Pat Chapman, who bred and owned Smarty.

I watched in disbelief as Big Brown not only was unable to finish the historic sweep in 2008 but did not finish at all. He was inexplicably pulled up by jockey Kent Desormeaux in upper stretch.

In my fifth decade as a sportswriter, never have I covered anything remotely similar to the 152nd Belmont Stakes in Elmont, N.Y., on Saturday. And I never hope to again.

The first major sports event in New York since the Big East men's basketball tournament was halted on March 12 without reaching the championship game merely served as a grim reminder of the tension and anxiety this and every other New Yorker has experienced during the COVID-19 pandemic.

Even as business slowly resumes in a state that became the epicenter for the virus, with 387,272 confirmed cases and 24,686 deaths, I found everything surrounding the oddity of the Belmont being run as a one-turn mile-and-an-eighth opening leg of the Triple Crown as discomforting.

Start with the signage.

“Germs are all around you. Stay healthy. Wash your hands.”

Hand sanitizing station in an empty box seat area for owners and trainers

And another: “Face mask required at all times.”

Then there was the relative silence. When Frank Sinatra's “New York, New York,” blared over the loudspeaker system, not one voice rose in salute.

“Ladies and gentlemen,” track announcer John Imbriale began, “here is the field for the 10th race.”

Ladies and gentlemen? Exactly who was he addressing? Few hard-boot racetrackers would identify with that. Other onlookers involved photographers, reporters and security guards. Even owners of the starters in the 10-horse field were denied the opportunity to attend, hardly sensible since the vastness of Belmont Park would have allowed them to be spaced 600 feet apart, never mind the recommended six feet for social distancing.

There was not a peep when the starting gate sprang open and Tap It to Win shot to an early lead. There was no wall of sound when Tiz the Law, the only Grade 1 winner in a lackluster field hardly befitting a Triple Crown race, spun out of the turn for home and wrested command.

There was a smattering of applause when jockey Manny Franco approached the winner's circle with the popular New York-bred that is owned by Sackatoga Stable, a partnership based in upstate New York that also sent out 2003 Kentucky Derby and Preakness winner Funny Cide. The clicking of cameras was heard when Franco reached into the traditional blanket of carnations and threw petals into the air in the finest moment of his career.

Perhaps only winning trainer Barclay Tagg was comfortable with the setting. He said of racing without spectators: “Actually, it was very nice. I'm not trying to be a jerk about it, but I thought the quietude was very nice.”

Tagg has not changed since he conditioned Funny Cide. He much prefers to be out of the spotlight. There is reason to believe he prefers the company of his horses to most human beings. And they might indeed pose less of a health threat these days.

Steve Asmussen, whose Pneumatic took fourth while impossible longshot Jungle Runner ran last, described the New York atmosphere as “surprising.”

“There ain't a deli open anywhere,” Asmussen said.

Small-business owners are fighting for survival in a city that paid a steep price for population density, a mass transit system allowed to remain filthy throughout the early stages of the pandemic and controversial decisions by Gov. Andrew Cuomo that included ordering nursing homes to accept COVID-19 patients, a directive later reversed.

When asked if the Belmont Stakes felt like the Belmont Stakes, Asmussen responded: “It felt like this year's Belmont Stakes. This year since March 1 is unprecedented. Everything is kind of surprising, if it happens at all. I'm very thankful to the New York Racing Association and the state for putting it on at all. Tiz the Law deserves the opportunity, and he wouldn't get it next year. He's only 3 now. I think that's how important it is.”

In contemplating the signs and the silence, it was impossible not to reflect on the electricity that surrounded American Pharoah's coronation in a mile-and-a-half Belmont that lived up to its moniker that year as the “Test of the Champion.”

Hall of Fame trainer Bob Baffert, to protect Pharoah from the deafening noise he rightly anticipated,  had stuffed the youngster's ears with cotton. Good thing he did. When jockey Victor Espinoza tapped his hard-charging mount twice right-handed, the colt stormed home. A two-length margin turned to three. Then four. Then five.

Fans leapt into the air in jubilation with every stride. Cellphones rose as one to capture the historic finish. “And here it is, the 37-year wait is over! American Pharoah is finally the one! American Pharoah has won the Triple Crown!” announcer Larry Collmus exclaimed.

That is the essence of racing. That is the essence of sports. As a Belmont Stakes like no other reminded us, the fan in the stands means everything.

Tom Pedulla wrote for USA Today from 1995-2012 and has been a contributor to the New York Times, Los Angeles Times, Blood-Horse, America's Best Racing and other publications.

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