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CHRB Votes to Let Justify’s Santa Anita Derby Win Stand

The California Horse Racing Board issued a statement Friday stating the stewards' decision stand and leave Justify (Scat Daddy), who tested positive for Scopolamine after finishing first in the 2018 GI Santa Anita Derby, the winner of the nine-furlong Classic prep race. He went on to sweep the American Triple Crown following his Santa Anita Derby score.

A CHRB release issued Friday stated: “After a hearing on Oct. 29, 2020, the Board of Stewards at Santa Anita Park racetrack issued a Statement of Decision Dec. 9 to dismiss complaints filed by the current California Horse Racing Board [CHRB] in the combined cases of the horses Justify and Hoppertunity, both of whom had scopolamine detected in post-race samples following their victories. CHRB filed the complaint as part of a settlement of a lawsuit filed by Mick Ruis, owner of Santa Anita Derby runner-up Bolt d'Oro. Meeting in executive session Thursday, the seven commissioners considered dual requests from Ruis to either appeal that decision by the stewards or overturn it outright. The commissioners rejected both requests.”

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Justify Case Likely Heading To Court After CHRB Votes To Uphold 2018 Santa Anita Derby Win

The California Horse Racing Board voted Thursday to let the stewards' decision stand and leave eventual Triple Crown champion Justify the winner of the 2018 Santa Anita Derby.

After a hearing on October 29, 2020, the Board of Stewards at Santa Anita Park racetrack issued a Statement of Decision on December 9 to dismiss complaints filed by the current California Horse Racing Board (CHRB) in the combined cases of the horses Justify and Hoppertunity, both of whom had scopolamine detected in post-race samples following their victories.

CHRB filed the complaint as part of a settlement of a lawsuit filed by Mick Ruis, owner of Santa Anita Derby runner-up Bolt d'Oro.

Meeting in executive session Thursday, the seven commissioners considered dual requests from Ruis to either appeal that decision by the stewards or overturn it outright. The commissioners rejected both requests.

“Unbelievable,” said Darrell Vienna, attorney for Ruis. “It's very disappointing. I guess they want to go to court.”

Vienna said he is considering “a number of legal theories to proceed under” in Los Angeles Superior Court.

“It ain't over till the fat lady sings,” Vienna said, “and she's just getting warmed up.”

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Juvenile Runner-Up Hot Rod Charlie Revved Up For Lewis Stakes

Hot Rod Charlie may not win Santa Anita's Robert B. Lewis Stakes on Jan. 30, but one thing's for sure: he won't be 94-1.

He was dismissed at those boxcar odds in the Breeders' Cup Juvenile on Nov. 6 at Keeneland but outran them big time when beaten just three-quarters of a length by undefeated Essential Quality, who is expected to be crowned Eclipse Award king as outstanding two-year-old male on Jan. 28.

The Lewis is an early West Coast steppingstone to the Grade 1 Runhappy Santa Anita Derby April 3, and beyond that the Kentucky Derby. Decided at a mile and one-sixteenth, it offers 10 Kentucky Derby qualifying points to the winner, four to the second-place finisher, two to the third horse and one to the fourth.

Doug O'Neill trains Hot Rod Charlie and another Lewis contender, Wipe the Slate, for principal client J. Paul Reddam who capitalized on the Lewis in 2012 as a successful conduit to victory in the Run for the Roses with I'll Have Another.

Wipe the Slate was an impressive maiden winner by 3 ¼ lengths under Team O'Neill mainstay Mario Gutierrez going seven furlongs in 1:23.42 on Dec. 26. O'Neill also has well-regarded maiden The Great One entered in Saturday's second race for non-winners at one mile.

A bay son of 2016 Kentucky Derby winner Nyquist, The Great One was second by a nose at 33-1 to Spielberg in the G2 Los Alamitos Futurity last Dec. 19 and gets Lasix for the first time Saturday. He is Jon White's 7-5 morning line favorite in a field of five.

Joel Rosario rides Hot Rod Charlie in the Lewis, while Gutierrez, who won the Kentucky Derby for Reddam and O'Neill with I'll Have Another and Nyquist, returns on Wipe the Slate.

Hot Rod Charlie and Wipe the Slate each worked six furlongs Friday, the former going in 1:16.60 and the latter in a bullet 1:12.60, fastest of 13 drills at the distance.

“Both worked fantastic,” O'Neill said. Amir Cedeno was aboard Hot Rod Charlie while Gutierrez rode Wipe the Slate.

Hot Rod Charlie is listed at 30-1 in Pool 2 of the Kentucky Derby Future Wagering, while Wipe the Slate is last at 50-1 among individual horses. Unbeaten Bob Baffert trainee Life Is Good is the individual favorite at 6-1, while the category of “All Other 3-Year-Olds” is favored at 9-5.

“You can't win if you're not in, so we're hoping to win with at least one of our horses, and in a dream world, all three,” O'Neill said.

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It Ain’t Over Yet: Bolt D’Oro Connections File Appeal In Justify Scopolamine Case

Just eight days after the California Horse Racing Board decided it would not disqualify Triple Crown winner Justify from his win in the 2018 Santa Anita Derby due to a scopolamine positive, connections of Bolt d'Oro, the runner-up in that race, have filed an official appeal to overturn that decision. According to the Thoroughbred Daily News, CHRB executive director Scott Chaney revealed the appeal at the outset of the board's Thursday meeting, and indicated that the appeal would be considered during a closed-door session on Jan. 21.

“The board of stewards at Santa Anita issued a [Dec. 9] decision in which they concluded that a disqualification was not appropriate,” Chaney said during the CHRB meeting. “I made the decision not to appeal that ruling. The board has since received a request to appeal and overturn that decision from the connections of the second-place finisher in the race in question, Bolt d'Oro. The board will decide whether to entertain that request during the executive session at the January board meeting.”

The CHRB initially faced public outcry when a New York Times report published in September of 2018 revealed that post-race samples from both Justify and his Bob Baffert-trained stablemate Hoppertunity, winner of the 2018 Tokyo City Cup, contained scopolamine. Prior to its publication, the CHRB made the decision in a closed-doors executive session during the summer of 2018 not to pursue disciplinary action or disqualify horses after a cluster of positive tests for scopolamine across multiple barns, which CHRB staff determined was a result of exposure to jimsonweed in hay.

In January of 2020, Bolt d'Oro's owner Mick Ruis filed a petition in Los Angeles County Superior Court asking for a writ ordering the CHRB to set aside its decision to dismiss Santa Anita Derby winner Justify's positive test in the Santa Anita Derby and to order disqualification of Justify with a redistribution of the purse.

The CHRB's settlement of that civil suit included an agreement to file a complaint seeking disqualification of Justify from the 2018 Santa Anita Derby. Connections of Justify and Hoppertunity subsequently filed suit in Los Angeles Superior Court seeking a temporary restraining order to prevent the stewards from hearing the case. The application for that restraining order was denied.

The hearing was held on Oct. 29, 2020, and the CHRB handed down its decision to dismiss the complaint on Dec. 9.

Now, another closed-door session of the CHRB will determine whether Ruis' appeal will be considered.

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