The Paddock | Horse Racing Free Tips

Show Us The Paper, Bob: Records To Back Up Baffert’s Story Remain A Matter Of Trust

The number of people inclined to nod along when Hall of Fame trainer Bob Baffert says, “Just trust me,” is getting smaller and smaller these days. First there was Justify, then Charlatan/Gamine, then Merneith, then Gamine again, and now Medina Spirit – five drug violations in the past year and six in recent memory. This time, Baffert told media on Sunday, he was getting out in front of the issue, not waiting for a split sample test came back positive before announcing that his horse had failed a post-race test. He has since told mainstream media that he didn't want to repeat his mistakes in the Justify case, where he and the California Horse Racing Board were widely criticized for keeping the colt's test for scopolamine a secret until the New York Times reported on it months later.

The advantage of being transparent about something like this is that you can control the narrative, and since the Kentucky Horse Racing Commission isn't permitted to discuss a positive before a split sample test and a ruling, Baffert and his legal team have arguably been able to do just that. Baffert has made quite the media tour since Sunday morning, appearing on CBS, Fox News, and elsewhere to tell his side of the story, which seemed to mostly amount to 'I don't know what happened but testing is too strict.'

When Baffert's public stance evolved from 'I didn't do it' to 'Ok, I did it, but it was a mistake,' there was ample opportunity to keep a strong public front. On Tuesday, a statement distributed via Baffert attorney Craig Robertson blamed the betamethasone positive on Otomax, an anti-fungal cream made for dogs which contains betamethasone. This, Robertson said, was used on dermatitis on Medina Spirit after the Santa Anita Derby daily until the day before the Kentucky Derby.

“As I have stated, my investigation is continuing and we do not know for sure if this ointment was the cause of the test results, or if the test results are even accurate, as they have yet to be confirmed by the split sample,” read Baffert's Tuesday statement. “However, again, I have been told that a finding of a small amount, such as 21 picograms, could be consistent with application of this type of ointment. I intend to continue to investigate and I will continue to be transparent.”

So, be transparent.

The beautiful thing about the administration of a prescription therapeutic drug in either California or Kentucky is that it should leave quite a paper trail. First, there would be the prescription itself, which would appear on the box the ointment container came in (the same box that lists betamethasone as an ingredient) or possibly the tube itself (which also lists the ointment's ingredients). The prescription would include a date, instructions for use, and the veterinarian's name. Then, administration of a prescription to a horse in California should trigger a daily treatment report to the California Horse Racing Board. Treatment of a Derby horse in Kentucky would also trigger a daily treatment report, given to the Kentucky Horse Racing Commission. The prescribing veterinarian would also have a record of dispensing the medication – probably more than once, as it comes in a small container intended for dogs – alongside a diagnosis and dates.

Unlike other types of records, veterinary records that are provided in the course of reporting to the state racing commissions do not become subject to public records requests. In general terms, veterinary records are owned by the owner or manager of the animal, not the veterinarian, clinic, or any third party. So Kentucky and California cannot release what records they have (or don't have) about this lengthy prescription treatment, but Baffert could. Likewise, he could authorize the release of his veterinarian's records. In fact, he was asked during Sunday's news conference whether he planned to release his records and his response was that he intended to release them to the Kentucky commission.

When this reporter asked whether there were treatment reports submitted to the CHRB for Otomax, Robertson responded with the following: “I do not know. As you can imagine I have had my hands full. What I do have are the vet records showing the treatment.”

When asked whether Baffert intended to provide evidence of the vet's prescription of Otomax, Robertson replied “We have those vet records and have provided them to Pimlico.”

While it's certainly understandable that Baffert doesn't want the general public, with its lack of veterinary knowledge, rifling through his horse's medical history, he's the one who started this.

When asked whether the prescribing veterinarian, who so far Baffert has declined to name, had a rationale for choosing Otomax as a treatment for skin disease over other treatments that don't contain betamethasone, Robertson said he didn't know.

A photo provided with Tuesday's statement showed an image of a dark bay horse's right hindquarter, dotted with areas of skin irritation characteristic of the dermatitis described by Baffert. What wasn't specified in the statement was the date the photo was taken; since it was provided as evidence of a condition the horse was treated for from around the April 3 Santa Anita Derby until the day before the May 1 Kentucky Derby, one may assume it was intended to show the condition as it appeared during that timeframe. However, metadata on the image indicates it was taken with an iPhone around 7 a.m. on May 11. If Baffert's veterinarian had been made available to the press and the public, it would be logical to ask why four weeks' worth of prescription treatment had apparently not resolved the issue, which was also visible in images and video of the horse taken at Pimlico Wednesday morning.

A follow-up question asking Robertson about the timing of the image was not answered.

As a reporter, I can appreciate any subject's attempts to be transparent – it's supposed to make my job easier. But true transparency, particularly from someone who hasn't always provided it, means more than just “trust me.”

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Commentary: ‘Neither Ignorance Nor Carelessness Make For Much Of An Excuse’

“First, Bob Baffert said it didn't happen. Now, he says it doesn't matter. He is wrong on both counts.”

So writes Tim Sullivan of the Louisville, Ky.-based Courier-Journal, who was one of a handful of reporters attending a Sunday morning press conference at which Baffert announced the finding of 21 picograms of betamethasone in the post-race sample of his Kentucky Derby winner, Medina Spirit.

Baffert's claim that morning was the the horse had never been treated with betamethasone, and he and his team had no idea how the medication could have been found in Medina Spirit's system.

Two days later, the story has changed. On Tuesday morning, Baffert released a statement (through his attorney Craig Robinson) indicating that Medina Spirit has been treated with a topical medication containing betamethasone for over 3 1/2 weeks. Otomax, the ointment indicated in that statement, was prescribed to help with a skin condition called dermatitis.

“Horse racing must address its regulatory problem when it comes to substances which can innocuously find their way into a horse's system at the picogram (which is a trillionth of a gram) level,” Baffert's statement said. “Medina Spirit earned his Kentucky Derby win and my pharmacologists have told me that 21 picograms of betamethasone would have no effect on the outcome of the race.”

As Sullivan wrote in his commentary Tuesday afternoon, the positive test DID happen, and it DOES matter, despite the claims of the Hall of Fame trainer and his attorney.

Neither the amount of the medication nor the intent with which it was used matter when it comes to disqualification of the horse: if a split sample test confirms the presence of any amount of betamethasone, Kentucky regulations call for both disqualification and loss of purse money.

Sullivan summarized: “Should Medina Spirit's split sample confirm the findings of the first test — as nearly all split samples do — Baffert's best strategy might be to claim mitigating circumstances. Neither ignorance nor carelessness make for much of an excuse, but they sure beat denying what turns out to be true.”

Irwin: Medina Spirit Positive Test A Shot Heard ‘Round The World

What's the deal with Bob Baffert and his rash of positives over the past year or so, during which time he has run afoul of the rules on five occasions?

Is Bob just unlucky? Is he running a sloppy shop? Are his vets dropping the ball on his behalf? Are the racetracks, racing regulators or racing associations somehow out to get him? Is he a victim of some sort of foul play?

Or, as the subject himself said after he announced over the weekend that his Kentucky Derby winner has tested positive for betamethasone (now where have we heard the name of that drug before, hmmm?), “…there's definitely something wrong. Why is it happening to me?”

Although lacking first-hand knowledge, experienced horsemen and vets with whom I have spoken ever since the betamethasone overage was revealed, to a man believe that the positive finding is a result of Baffert's Derby winner being injected in a joint (ankle or hock) too close to Kentucky Derby Day.

The vets' conjecture is that Baffert took a chance that the unpredictable and unreliable nature of the drug used would not rear its ugly head before the race and hopefully go undetected in the post-race analysis. They say that even if the withdrawal time is closely adhered to and even if a few extra days are tacked on, betamethasone reacts differently in every horse based on the make-up of its bodily systems. In other words, the recommended withdrawal times are best guesses and not carved in stone.

So, these vets believe, Baffert may have just taken a shot.

Or Baffert, in his arrogance, may have figured that even if a trace showed up it just might be ignored, because after all it was the Derby, and popular myth says that anything goes in the Derby.

Arrogance in the case of Baffert is completely understandable. Why wouldn't he be arrogant? He keeps getting in trouble and he keeps escaping unscathed. When this happens time after time after time after time, the escapee tends to become a bit unwary of possible pitfalls that might stand in his way. He becomes emboldened.

Within days after Baffert had basically skated from his two lidocaine positives in Arkansas, an emboldened Baffert (opined the experts) may have had betamethasone injected into a joint of Medina Spirit.

If Baffert, or Baffert at his direction to his vet, did in fact order the injection, he took a risk not just for himself and the horse's owner, but this time for the well being of the entire Thoroughbred industry. Now that would be total arrogance, because today there is not a major news outlet that did not cover Baffert's Derby positive in the shot heard 'round the world.

The arrogance required for such an act can come from one who feels that the rules do not apply to him.

Seemingly forever in Thoroughbred racing the phrase “nobody is bigger than the game” has been axiomatic. Well, I humbly submit to the readers that Baffert not only thinks he is bigger than the game, the ruling in Arkansas more of less proved it to be true.

Now, all of a sudden, seemingly out of the blue, Churchill Downs racetrack—an outfit known forever as an entity that would do and say anything to protect the sanctity and history of The Derby — has stepped up and closed its entry box to Bob Baffert until the current mess can be straightened out.

As excited as I am about the impending seating of the board and standing committees of the Horseracing Integrity and Safety Authority in advance of getting it up and running next summer, this advent of Churchill Downs taking responsibility in the aftermath of the Derby positive is just as riveting and exciting. I for one look forward to following the Baffert positive in the days, weeks, months and, likely, years to come, as Baffert will no doubt once again fail to take responsibility for his own actions and place the entire industry in peril.

Barry Irwin is the founder and CEO of Team Valor International

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Letter To The Editor: Banding Together To Save Arlington Park

What if?

Literally millions of horseplayers, owners, breeders, fans, trainers, jockeys, and associated personnel believe that losing Arlington Park would be a grave loss for the sport.

So, I would propose that we millions of horse people band together and save the historic racetrack near Chicago.

The reader is probably asking where we lovers of Arlington Park and of racing would find the money to purchase the property from Churchill Downs Inc.

Looking at the popularity and success of the MyRacehorse group financing model, where very large numbers of people contribute small sums, it may be possible to attract a large group of fellow good sports to band together and collectively put up the financing for a purchase. For instance, if two million fans contributed $100 each, that would raise $200 million toward buying and running the track. And of course, fewer contributors are needed if a number of deep pockets show up. Surely, that would get the attention of the parent company.

If there are as many fans of Arlington Park and sport in Chicago as I believe, then I suggest an “Arlington Alliance” should be able to raise enough to purchase and operate the racetrack.

The first step would be to create an organization to accept those small-percentage investments and contributions, manage the flow of money, and to name a group of directors so that the Arlington Alliance could make a formal offer for the racetrack.

Once successful in the purchase, the Arlington Alliance would need to be organized and ready to reach agreements with horsemen's and labor associations and work toward a sustainable model for operating racing so that it would provide quality sport with a robust level of purses.

If successfully recast in a fashion similar to the Keeneland Association, the Arlington Alliance could ensure quality racing in Chicago, while also benefitting the town of Arlington Heights and neighborhoods by preserving jobs and participating in community programs. An Arlington Park that is as committed to its city and neighbors as they were to its survival would make racing an integral part of the fabric of this great city for decades to come.

– Frank Mitchell, pedigree analyst, author and consultant

If you would like to submit a letter to the editor, please write to info at paulickreport.com and include contact information where you may be reached if editorial staff have any questions.

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