New Hearing Officer Named For Baffert-Medina Spirit Case

A new hearing officer has been named for the appeal of Bob Baffert's 90-day suspension and Medina Spirit's 2021 Kentucky Derby disqualification resulting from a failed drug test, according to the Daily Racing Form.

Eden Davis Stephens, the deputy director of the Kentucky Office of Administrative Hearings, will replace Clay Patrick. Patrick recused himself from the case last month after attorney Clark Brewster, who represents Medina Spirit's owner Amr Zedan, told the Paulick Report he unknowingly bought a horse at the Keeneland September Yearling Sale that was co-owned by Patrick.

Patrick conducted a six-day hearing of Baffert's case in August, and was expected to make a recommendation on the appeal to the Kentucky Horse Racing Commission within 60 to 90 days.

Zedan appealed the disqualification of Medina Spirit – who has since died – and Baffert wants the $7,500 fine and 90-day suspension he already served erased. Medina Spirit was disqualified after a positive test for betamethasone, which Baffert and Zedan attorneys said resulted from an ointment used to treat a skin rash on the colt.

The next steps in the case remain unclear at this point: Stephens may either conduct another hearing or use the transcripts from the first appeal and make a recommendation based on that.

The recommendation would then go to the Kentucky Horse Racing Commission, which can accept, reject or amend it. It remains to be seen if any commission members, a number of which have directly or indirectly conducted business with Baffert and/0r Zedan, will recuse themselves from the matter.

Read more at the Daily Racing Form.

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Judge Rules CDI Can Ban Broberg From Fair Grounds Over Alleged Neglect

Last September, Churchill Downs, Inc. banned trainer Karl Broberg from the entry box at its parent company's racetracks after an incident involving a voided claim led to what CDI alleged as neglect.

When racing began at the CDI-owned Fair Grounds Race Course in New Orleans, La., however, the Louisiana Racing Commission insisted that only state racing stewards could legally exclude Broberg from racing. Commission chair Benjamin Guilbeau argued that since the Kentucky commission did not take action against Broberg, the trainer's license remained in good standing.

Broberg wound up starting 40 horses at last year's Fair Grounds race meet, per Equibase, running out earnings of $152,900. For comparison, the trainer started 76 horses at the 2020-2021 race meet.

A year later, reports nola.com, District Judge Robin Giarrusso has ruled that CDI does have the right to exclude Broberg from its properties, including Fair Grounds. In addition, the judge has sent the alleged neglect case to the stewards so that Broberg can argue it in front of them. Louisiana Racing Commission executive director Charles Gardiner told nola.com that a closed hearing has been tentatively scheduled for Thursday, Oct. 20, at Evangeline Downs in Opelousas, La.

Racing at Fair Grounds is scheduled to begin on Nov. 18, 2022.

The case stems from the post-race treatment of a horse Broberg started at Churchill Downs on Sept. 18, 2021.

According to a CDI statement at that time: On the night of Sept. 18, Karl Broberg's Rockandahardplace finished sixth of seven in a $10,000 claiming race at Churchill Downs. A claim for the 5-year-old gelding was voided after the race by rule when the horse was declared lame by a KHRC veterinarian at the test barn. The horse was returned to his stall by a paid hotwalker, but a subsequent investigation revealed that there was no responsible representative of the trainer on-site to make veterinary decisions or to take appropriate steps to protect the welfare of the injured horse.

For his part, Broberg disputes Churchill's assertion that he did not have proper care available to the horse.

“I am obviously appalled by the insinuation through the CD press release that Rockandahardplace was improperly cared for,” Broberg told Paulick Report publisher Ray Paulick via email in 2021. “Rockandahardplace was evaluated and treated with bute and banamine following the race by a licensed veterinarian at our request. He was correctly diagnosed as having a medial sesamoid fracture which x-rays confirmed the following morning. He was sent to a farm the following morning to recover and we can happily report aside from the injury he is in perfect health.”

Rockandahardplace has not started since the night of his injury.

Broberg has been ranked first or second in North American trainer standings by wins each year since 2013, and has amassed 4,119 victories from 17,091 starts since he began training in 2009. His business model depends on keeping strings of horses in multiple states and relies heavily on claiming races. He is currently ranked ninth in North America by earnings and second by wins.

Broberg has also been a controversial figure at times, having been excluded from Remington Park in 2013 after The Jockey Club suspended privileges from him for having four medication violations in close succession. Broberg fought the Remington ban in court and was ultimately allowed back, but saw his stalls revoked again in 2020. More recently, the trainer spoke out about testing issues in Louisiana, where the state's laboratory detected found three drugs, including a Class 1 substance, in a post-race sample from one of his horses. Split sample testing was negative for all three substances.

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Indiana’s Summary Suspension Of Veterinarian Expires After State Does Not Pursue Charges

The summary suspension of veterinarian Dr. Cynthia Loomis has expired after the Indiana Horse Racing Commission failed to take further action against her, according to a ruling by an administrative law judge dated Oct. 15.

Loomis was summarily suspended on July 4 of this year alongside owner/trainer Marvin Johnson. Stewards in Indiana did not specify in their ruling what either was alleged to have done, but Johnson told Thoroughbred Daily News at the time that Loomis was found treating one of his horses at Horseshoe Indianapolis on race day, an allegation Loomis denies.

Summary suspensions are intended to immediately remove a licensee from sanctioned grounds until a hearing can be held to determine whether they violated racing regulations. Loomis appealed the summary suspension, and after she was denied, filed a motion for reconsideration. In that motion, Loomis argued that the summary suspension was amended in July to be given an end date of Oct. 3, which has come and gone. Although she has been told the commission is continuing its investigations, Loomis claims there are no hearings scheduled in the case.

Administrative law judge Michael Buker wrote in his finding that there are circumstances in which a summary suspension may be extended, but that he found Loomis' case did not meet those legal requirements since there was no indication on Oct. 3 that there were charges pending against her.

Indiana Horse Racing Commission executive director Deena Pittman did not respond to a request for comment at press time. In Buker's ruling, he wrote that “As a threshold matter, Respondent [Indiana Horse Racing Commission] acknowledges that an Administrative Complaint has not been filed as of Oct. 13, 2022. According to Respondent, the investigation is ongoing because (1) investigators have discovered additional alleged violations requiring further investigation, and (2) Petitioner's employer has not sufficiently cooperated with Respondent's investigators.”

Pittman has failed to respond to multiple requests by the Paulick Report in recent weeks for updates on the status of Marvin Johnson's case.

Last week, Indiana stewards issued a summary suspension of assistant trainer Christy Johnson, who is married to Marvin. Pittman confirmed at that time that Christy's suspension was related to Marvin's, but declined to elaborate on what Christy is alleged to have done.

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NTRA Update: Additional H-2B Visas Made Available For Fiscal Year 2023

On Wednesday, the Department of Homeland Security (DHS) and Department of Labor (DOL) announced that it will be issuing a regulation that will make an additional 64,716 H-2B temporary nonagricultural worker visas available to employers for fiscal year (FY) 2023, on top of the 66,000 H-2B visas that are normally available each fiscal year.

By making these supplemental visas available at the outset of the fiscal year, which began on Oct. 1, 2022, those in the horse industry, such as trainers, who rely heavily on the H-2B visa program to fill various backside positions, will be able to better address some of their labor needs this fiscal year.

“While this is good news for the industry, a permanent solution must be put in place to ensure our industry has a sufficient and reliable labor pool going forward,” said NTRA President and CEO Tom Rooney. “We will continue to engage Congress and the Administration to advocate for comprehensive immigration reform that will provide long-term solutions.”

The H-2B program permits employers to temporarily hire noncitizens to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature, such as a one-time occurrence, seasonal need, or intermittent need.

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