Baffert/Zedan File New Medina Spirit Appeal

Owner Amr Zedan and trainer Bob Baffert, connections of the ill-fated Medina Spirit (Protonico), filed a petition for a judicial review of the Kentucky Horse Racing Commissions's disqualification of the colt from his win in the 2021 GI Kentucky Derby.

The news, first reported by Bloodhorse, noted that the petition was filed in Franklin Circuit Court in Kentucky Tuesday and also includes a protest over Baffert's suspension in Kentucky.

BloodHorse reported that Zedan and Baffert claim in the petition that the “laboratory limit of detection” used to identify betamethasone in Medina Spirit “is contrary to the plain terms of KHRC regulations and is void as arbitrary and capricious.”

They also argue that KHRC's exercise of rule making and adjudicatory powers is illegal and that the penalties against Zedan “are unconstitutional, arbitrary and capricious.”

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HIWU Suspends Trainer Jeffrey Poole For 22 Months

After a hearing before an arbitral body, trainer Jeffrey Poole has been hit with a 22-month suspension by the Horseracing Integrity and Welfare Unit (HIWU) after it was alleged that Poole possessed the banned substance Levothyroxine. He was also fined $10,000 and ordered to make a payment of $8,000 to cover arbitration costs.

Poole did not have a horse test positive for the substance.

Levothyroxine, commonly known by the trade name Thyro-L, is a synthetic version of the naturally-occurring hormone thyroxine.

Thyroxine is produced by the thyroid and works with the brain to control metabolism. It can be prescribed to older horses to correct hypothyroidism, a condition in which the thyroid is underactive and the horse has an unusually slow metabolism. However, its use has raised concerns about potential risks that may come with artificially boosting the metabolism of a horse who doesn't need it and its use has been banned in some jurisdictions. Thyroxine overuse in racehorses was in the news in 2013 when the California Horse Racing Board launched an investigation into the sudden deaths of seven horses trained by Bob Baffert. Baffert told investigators at the time that he had horses in his care on thyroxine.

Once Poole was found to be in possession of the substance on June 2, he was provisionally banned by HIWU. His suspension was the first handed down by HIWU since it took over drug testing and the enforcement of penalties and suspensions on May 22. Poole's case is also the first to go through the arbitration process. Cases involving Anti-Doping Rules violations cases are heard by an Arbitral Body known as JAMS. Founded in 1979, JAMS describes itself as “the world's largest private alternative dispute resolution (ADR) provider.”

Trainers who have been charged with violations on the Horseracing Integrity and Safety Authority's list of banned substances face suspensions of up to two years. The 22-month suspension is the longest suspension handed out by HISA/HIWU thus far.

According to Equibase, Poole has been training off and on since 1989. He is 50-for-459 during his career and 3-for-41 in 2023. According to the Jockey Club's Thoroughbred Regulatory Ruling's website, Poole has no prior suspensions or fines on his record.

When reached by the TDN Poole declined to comment. At deadline for this story, his attorney Brad Beilly had not returned a hone calling seeking a comment.

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Both Ortiz Brothers Get Days At Spa For ‘Careless Riding’

Brothers Irad Ortiz Jr., and Jose Ortiz will both serve three-day “careless riding” suspensions Aug. 9-11 that were imposed by the Saratoga Race Course stewards for separate infractions that involved winning rides last week. Both jockeys elected not to appeal their penalties.

Irad Ortiz crossed the wire first but got disqualified aboard 1.45-1 favorite Eyes On Target (Exaggerator) in the seventh race July 27, a $25,000 claiming turf route.

The Equibase chart stated that in upper stretch, his mount “was under a light drive in behind the top pair just off the inside, had the rider look to the outside, tipped out into a space three to four paths off the rail forcing Tartini (Giant's Causeway) to check between to pinching foes and Tommy Bee (Medaglia d'Oro) who was attempting to angle in to the seam from the outside to pause and steady in behind and to the outside of Tartini…”

Eyes On Target then rallied and was just up in the final few jumps to prevail.

Tartini's jockey, Dylan Davis, claimed foul after finishing eighth. The stewards demoted Eyes on Target and placed Ortiz's mount behind that fouled rival. Tommy Bee crossed the wire fifth.

Jose Ortiz won the tenth race July 26, a $40,000 maiden-claiming turf route, aboard the 5-1 Indian Mischief (Into Mischief).

The Equibase chart stated that after making the lead and straightening away in the stretch, Indian Mischief “came under a left handed crop and drifted out two paths directly in front and impeding He's a Lucky Guy [Street Boss] forcing that foe to check just off his heels sharp enough to displace large chunks of the sod in a halt while brushing that foe with his hindquarters…” before inching away to victory.

After a stewards' inquiry, the results stood.

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Prat Suspended Next Wed-Fri At the Spa

Jockey Flavien Prat will sit out next Wednesday through Friday at Saratoga Race Course after opting not to appeal a three-day “careless riding” suspension incurred there in race eight on July 14.

Prat was aboard 9-year-old Happy Farm (Ghostzapper) in a $50,000 claiming sprint. He got forced out soon after the six-furlong start, but settled in the seven path.

Prat guided the gelding closer to the rail entering the turn, then cut from the three path down to the fence in front of Thinkaboutit (Uncaptured), who took up sharply while Prat looked over both shoulders in the aftermath.

Thinkaboutit rallied to finish first at 20-1, while Happy Farm ran third as the 2.15-1 favorite. The Equibase chart stated that Prat's mount “came in near the nine-sixteenths and shut off the winner.”

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