Rich Strike Owner May File Protest Over Hot Rod Charlie’s Footwear In Lukas Classic

As if the Grade 2 Lukas Classic on Oct. 1 at Churchill Downs didn't have enough controversy with the fighting finish between winner Hot Rod Charlie and jockey Tyler Gaffalione and runner-up Rich Strike and jockey Sonny Leon … there's more.

On Tuesday, a trainer who had no horse in the Lukas Classic distributed photos to various parties, including the Paulick Report, of Hot Rod Charlie that purported to show a toe grab on a front shoe, which would be a violation of Horseracing Integrity and Safety Authority regulations.

The Paulick Report asked a Kentucky-based farrier not involved with either horse to look at the images, and he said they were inconclusive.

Trainer Eric Reed felt otherwise after seeing the photos, telling Horseracingnation – which first reported the controversy – that Hot Rod Charlie's opponents had an “unfair disadvantage.”

“It's very disappointing,” Reed told Paulick Report.

The trainer said owner Richard Dawson was having fellow horse owner Jerry Jamgotchian – no stranger to litigation himself – file a protest on his behalf, but wasn't sure it had yet been submitted to the Kentucky Horse Racing Commission as of late Tuesday afternoon.

HISA rule 2276 prohibits traction devices in the forelimb, including but not limited to rims, toe grabs, bends, jar calks and stickers. In late July, HISA altered its original traction device ban on both fore and hind limbs to permit either a full outer rim shoe (up to 4 mm in height) or a toe grab (up to 4 mm in height) on the hind limbs for dirt races. Rule 2276 does not say whether violations may result in disqualification.

Prior to the creation of HISA, the Kentucky commission already had a ban on front limb toe grabs.

Hot Rod Charlie's trainer, Doug O'Neill, could not be reached by telephone and did not respond to an email. Hot Rod Charlie has been based at Keeneland the last several months.

Reed was proud of Rich Strike's effort in his best race since shocking the racing world with an 80-1 upset of the Grade 1 Kentucky Derby.

“He's getting better, but still has a lot to learn. He's still green,” the trainer said.

Reed defended jockey Leon's actions in deep stretch, when head-on video showed him leaning on Hot Rod Charlie and elbowing Gaffalione, at one point losing his balance and falling to his left. Leon claimed the saddle slipped to the left, causing the incident, but stewards suspended him 15 days, saying he “intentionally” tried to interfere with Hot Rod Charlie.

“The saddle did slip,” said Reed. “He rides kind of ugly the way he moves his arms, but it was race riding; he was just trying to win the race.”

Reed said there will not be a change in jockeys for Rich Strike's next start.

“That's not going to happen,” he said.

Additional photos of Hot Rod Charlie's forelimbs from Coady Photography.

 

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Dr. Mary Scollay Appointed Chief Of Science For Horseracing Integrity & Welfare Unit

The Horseracing Integrity & Welfare Unit (HIWU), which was established by Drug Free Sport International to administer the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program, announced Tuesday that it has named Dr. Mary Scollay as its chief of science.

In this role, which she commences October 10, Scollay will oversee HIWU's Science Department, including the HISA Equine Analytical Laboratory accreditation program, and education efforts ahead of the ADMC Program launch in January 2023. She will also prioritize research development into Prohibited Substances while engaging with veterinary scientists, pharmacologists, and other experts in the Thoroughbred industry. Additionally, Scollay and her team will manage a Prohibited Substances database that will be available for industry stakeholders to use as a reference tool.

Scollay joins HIWU after serving as the Racing Medication & Testing Consortium's (RMTC) executive director and chief operating officer for three years. While with the RMTC, she directed the advancement of world-class laboratory drug testing standards, promotion of RMTC-recommended rules and penalties for prohibited substances and therapeutic medications, monitoring of emerging threats to the integrity of racing and the health and welfare of racehorses, and administrative oversight of RMTC-funded research projects and educational programs.

Before leading the RMTC, Scollay spent more than 30 years as a racing regulatory veterinarian, including 11 years as the Kentucky Horse Racing Commission's equine medical director.

“Dr. Scollay's extensive experience in the areas of anti-doping rules, testing standards, and veterinary regulation in the Thoroughbred industry will make her a key asset to HIWU,” said Ben Mosier, executive director of HIWU. “We are fortunate to retain her knowledge and skillset as we prepare for the implementation of the ADMC Program on January 1, 2023.”

Named to HISA's ADMC Standing Committee in May 2021, Scollay has resigned from that responsibility to take on her position with HIWU.

“HISA represents the way forward for Thoroughbred racing, the only way forward,” said Scollay. “I am grateful for the opportunity to continue serving the sport during this transition, and I am committed to working with HIWU to deliver a best-in-class equine anti-doping program to the industry.”

The Horseracing Integrity & Welfare Unit (HIWU) was established in 2022 by Drug Free Sport International to administer the rules and enforcement mechanisms of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program. The ADMC Program, which will be effective as of January 1, 2023, will create a centralized testing and results management process and apply uniform penalties for  violations efficiently and consistently across all American Thoroughbred horse racing jurisdictions that HISA governs.

HIWU will oversee testing, educate stakeholders on the new program, accredit laboratories, investigate potential violations, and prosecute any such violations.

HISA was established when the Horseracing Integrity and Safety Act was signed into federal law in 2020 by President Trump and is responsible for drafting and enforcing uniform safety rules and anti-doping and medication control rules in Thoroughbred racing in the U.S. Overseen by the Federal Trade Commission, HISA was created to implement, for the first time, a national, uniform set of rules applicable to every Thoroughbred racing participant and racetrack facility.

HISA is composed of two programs: the Racetrack Safety Program, which went into effect on July 1, 2022; and the ADMC Program, which goes into effect January 1, 2023.

Drug Free Sport International is a worldwide leader in the sport drug testing industry. Drug Free Sport International administers comprehensive drug testing programs, manages national and international collections, develops drug testing policies, and provides educational services to a wide range of professional and amateur athletics organizations around the world. Its highly educated, experienced, and diverse staff is committed to quality, technical innovation, and maintaining the most extensive network of highly trained and certified sport drug testing collectors in the industry.

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Sonny Leon Handed 15-Day Ban For ‘Intentionally’ Interfering Rival In Lukas Classic

Journeyman jockey Sonny Leon, whose perfectly timed winning ride aboard Rich Strike in the Grade 1 Kentucky Derby brought him national fame, has been suspended 15 days for an ugly incident in deep stretch of the G2 Lukas Classic at Churchill Downs on Oct. 1.

Leon was aboard Rich Strike for trainer Eric Reed and engaged in a battle in the final furlong of the 1 1/8-mile race with Hot Rod Charlie and jockey Tyler Gaffalione to their inside. Rich Strike gained a narrow advantage but drifted out under left-handed encouragement from Leon, who then guided his mount inside to engage Hot Rod Charlie. The two horses brushed repeatedly with Leon thrusting his left elbow toward Gaffalione and Hot Rod Charlie and momentarily losing his balance.

Despite the incident, Hot Rod Charlie came on again to prevail by a head.

The stewards ruling, dated Sunday, Oct. 2., said Leon was suspended for “intentionally attempting to interfere with and impede the progress of a rival by repeatedly making physical contact with another rider in the stretch.”

According to a report in Horseracingnation.com, Leon told Reed after the race that his saddle slipped, causing him to shift to his left side. The stewards apparently didn't buy the excuse.

Leon will not appeal the suspension, according to Daily Racing Form. The suspension runs on the following days: Oct. 9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 26, 27, 28 and 29. Leon is currently based at Gulfstream Park.

Owned by RED TR-Racing LLC, Rich Strike came from more than 17 lengths behind to win the Kentucky Derby under Leon, who saved ground and skillfully guided the Keen Ice colt through traffic to a three-quarter length victory over favored Epicenter. The win was Leon's only graded stakes victory in a North American career that has seen him win 821 races from 5,546 starts, mostly at small tracks in the Midwest.

Video of the incident can be seen below.

 

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Voiding A Void Claim: Arizona Track Noticed For Not Complying With National Rule

Arizona Downs was served with a notice of suspected violation by the Horseracing Integrity and Safety Authority earlier this month after state officials prevented a void claim from going into effect.

According to a notice sent to the track by Authority chair Charles Scheeler on Sept. 12, a horse called Ag Minister was claimed by trainer Justin Evans from the fourth race at Arizona Downs on July 23. The horse cooled out in the test barn and the examining veterinarian determined the horse was lame in its left front leg.

Greg Stiles, who serves as the HISA steward for Arizona Downs, began the process of voiding the claim.

Track safety rules promulgated by the Authority earlier this year make provisions for a claim to be voided if a horse is declared unsound in the test barn, among other circumstances. Prior to the safety rules set forth by the Authority earlier this year, Arizona did not have a void claim rule.

Veterinarians and regulatory specialists generally favor void claim rules because they reduce the incentive for a trainer acting in bad faith to run a horse with a known medical issue in a claiming race with the hope the horse will be claimed. Void claim rules, which have existed for years in other states, are also thought to grant trainers looking to claim horses some confidence they won't be required to put out money for a horse that may have a limited racing future.

Read our previous reporting on void claim rules and what the national rules mean for states like Arizona here.  

According to the Authority's violation report, Stiles was notified by Arizona chief state steward Jason Hart that the claim would not be voided.

“Hart stated that he had been informed by his supervisors at the Arizona Department of Racing that HISA Rule 2262 would not be enforced by the Arizona stewards,” the report read. “Because Arizona does not have a void claim rule, the claim was not voided and ownership of Ag Minister passed to the claimant.

“Stiles informed general manager of Arizona Downs Mike Weiss about these developments. The Authority has reasonable grounds to believe that Arizona Downs violated or failed to comply with HISA Rule 2262(4).”

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A spokesman for the Arizona Department of Gaming confirmed that Ag Minister was inspected at the test barn and determined to be lame. He was put on the veterinarian's list and has had no timed workouts or races since July 23, according to Equibase.

In that race, Ag Minister was taking a significant step down in price for former trainer and co-owner Kevin Eikleberry. His previous race at Arizona Downs on June 25 was a maiden optional claimer where his claim price was $30,000, and he finished sixth. A month later, in his July 23 start, his claiming price was $3,500.

Max Hartgraves, public information officer for the Department of Gaming, said there had been no other instances so far where a HISA steward had tried to void a claim in Arizona but had that decision reversed by state officials.

Arizona's Horsemen's Benevolent and Protective Association affiliate is one of the entities which recently sought to join a federal lawsuit against the Authority. The suit claims the Authority and the Federal Trade Commission have violated two amendments to the U.S. Constitution and other regulations around federal agency policy-making.

“The Department has worked cooperatively with HISA stewards involving rulings where new HISA rules and state rules conflict,” said Hartgraves via email. “The Department has reached out to HISA for additional guidance and opened a new rule-making docket with the Secretary of State's Office to conform rules and ensure ongoing compliance.”

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