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Cox Suspended 10 Days for Bute Overage in ’21 Foster S.

Trainer Brad Cox has been suspended 10 days and fined $500 by the Churchill Downs stewards for a phenylbutazone overage detected in the runner-up of the 2021 GII Stephen Foster S.

According to a ruling dated May 15 and posted to the Kentucky Horse Racing Commission (KHRC) website Tuesday, the Class C positive was present in the post-race testing of MGSW Warrior's Charge (Munnings) at a level of 2.51 micrograms per milliliter of blood when he ran second at 7-1 in last year's edition of the Foster.

Cox's suspension is to run May 23-June 1. Warrior's Charge has been disqualified and the purse money is to be redistributed.

TDN phoned Cox to get his side of the story and to ask whether he'd be appealing. He responded via text message.

“We were completely shocked with these lab results,” Cox wrote. “Due to the fact that this medication was administered within the strict guidelines that are set in place. Having said that, while we disagree with the results, I have to own it and accept responsibility. Moving forward, I am committed to industry leading protocols which hopefully prevent this from happening again.”

Asked what arrangements, if any, are in the works for transferring his horses during his suspension, Cox wrote, “No transfers at this time.”

Phenylbutazone, also called Bute, is a non-steroidal anti-inflammatory drug. Kentucky's racing rules permit it on race day in concentrations at or less than three-tenths (0.3) micrograms per milliliter.
According to the ruling, Cox waived his right to a formal stewards' hearing, as did the horse's owners, Marshall Gramm and Sol Kumin.

The KHRC classifies drugs on an A (most severe) to D (least severe) scale.

Both the owner and trainer penalties are in line with Kentucky's recommended sanctioning guidelines for a Class C first offense, which call for up to a 10-day suspension (absent mitigating circumstances) for trainers and the disqualification and purse forfeiture for the owners.

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Equine Industry and Animal Welfare Organizations Announce Collaborative Effort to Ban Horse Slaughter

Edited Press Release

A diverse group of equine industry and animal welfare organizations have announced the “Final Stretch Alliance to End Horse Slaughter”–a collaborative effort to permanently ban the slaughter of American horses.

In an open letter to congressional leaders, including US Representatives Nancy Pelosi (D-Calif.) and Kevin McCarthy (R-Calif.) and US Senators Charles Schumer (D-NY) and Mitch McConnell (R-KY), the alliance urged federal lawmakers to pass the Save America's Forgotten Equines (SAFE) Act (H.R.3355/S.2732) to permanently ban horse slaughter in the US and end the export of American horses for slaughter in other countries.

The supporting members of the “Final Stretch Alliance to End Horse Slaughter” include: The Jockey Club, the U.S. Trotting Association, the Stronach Group, the Breeders' Cup, Thoroughbred Owners and Breeders Association, The Jockey's Guild, the New York Racing Association, Inc. (NYRA), Del Mar Thoroughbred Club, the Maryland Horse Council, the ASPCA® (The American Society for the Prevention of Cruelty to Animals®), the Animal Welfare Institute, the Humane Society of the United States, the Humane Society Legislative Fund, Return to Freedom Wild Horse Conservation, and many other industry voices.

Despite congressional efforts that have effectively blocked the operation of horse slaughterhouses on US soil since 2007, tens of thousands of American horses continue to be shipped to Canadian and Mexican slaughterhouses that supply other countries with horsemeat. With the Triple Crown horse racing season underway and public attention on equine sports, equine industry and welfare groups are calling on federal lawmakers to take action during this critical moment by passing the SAFE Act to end this sad chapter in American history.

In the open letter, the groups highlight a recent poll indicating that an overwhelming majority of Americans (83%) oppose horse slaughter. The letter explains how, despite robust, innovative partnerships between equine industry and welfare groups to support horses transitioning between careers, the looming threat of the horse slaughter pipeline continues to significantly harm industry, enthusiasts, and adoption organizations:

“Racing industry groups have demonstrated real leadership in committing resources for aftercare and career transition programs, instituting and enforcing track policies against sale to slaughter, and spearheading state and federal policies prohibiting horse slaughter. These programs are critical, but until the law shuts down the slaughter pipeline itself, no horse, no matter how beloved or decorated, will be truly safe.”

The SAFE Act would close this legal loophole to stop the funneling of American horses to slaughter for human consumption abroad. Introduced by a bipartisan group of federal lawmakers, the SAFE Act is currently sponsored by nearly half of the US House of Representatives.

“Despite the overwhelming desire among Americans to see horses protected from harm, tens of thousands of horses are transported out of the US each year to be killed abroad,” said Cathy Liss, AWI's president. “Racehorses continue to fall victim to this grisly and predatory trade, so we appreciate the leadership and collaboration of key stakeholders in the racing industry to shutter the slaughter pipeline once and for all. As trusted companions, horses enrich our lives in countless ways; passing the SAFE Act is paramount to ensuring their welfare and safety.”

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Fishman Asks for Yet Another Sentencing Delay

The veterinarian Seth Fishman–who is facing 20 years in prison, has an active motion asking for the first of his two convicted counts to be dismissed, and has already been granted one sentencing delay because he is allegedly having trouble filling out federal probation paperwork–again on Tuesday requested another delay of his sentencing.

The half-redacted letter motion filed by his attorney in United States District Court (Southern District of New York) on May 17 suggests that a COVID-19 outbreak where he is being detained at Metropolitan Detention Center in Brooklyn is the reason.

“Dr. Fishman's tier is currently in 'lockdown' status and, apparently, will remain in that position for the foreseeable future,” wrote attorney Maurice Sercarz.

Although the letter motion itself does not mention the pandemic in its unredacted portions, the internet home page for the prison features a prominent notice that “Operations are being modified at this facility due to COVID-19. All visiting at this facility has been suspended until further notice.”

Fishman was convicted Feb. 2 on two felony counts in an international equine performance-enhancing drug doping conspiracy. The judge in the case has yet to rule on Fishman's motion asking for the first of his two convicted counts to be dismissed on the basis that he was allegedly charged twice for the same crime.

Fishman's sentencing was supposed to be May 5 but got pushed back to May 26 when he claimed he did not receive financial forms from the feds that are necessary for his pre-sentencing report. Now he's requesting a new date in the range of June 20-24. Federal prosecutors have consented to this request, according to Tuesday's motion.

Although a number of defendants named in the wide-ranging racehorse doping conspiracy pleaded guilty prior to Fishman, he was the first from a federal sweep of several dozen individuals indicted in 2020 to stand trial and to be found guilty by a jury.

Fishman's case has been notable thus far because of the breadth of his legal maneuverings and some courtroom drama, which included the Florida-based veterinarian being inexplicably absent from court during his sentencing. A cryptic comment from Fishman's attorney to the judge during closing arguments led to speculation that Fishman had to be hospitalized.

In December 2021, the judge in Fishman's case modified his bail conditions after federal prosecutors alleged he was still selling PEDs while awaiting trial.

And in January 2022, one week before his trial was scheduled to start, Fishman had unsuccessfully asked the judge to delay the trial over concerns related to the COVID-19 pandemic.

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Chub Wagon Named 2021 PA-Bred Horse of the Year

After a season of near perfection that included six stakes wins, Daniel Lopez and George Chestnut's homebred Chub Wagon was named 2021 Pennsylvania-bred Horse of the Year at the Pennsylvania Horse Breeders Association's 43rd annual Iroquois Awards, held May 13 at The Inn at Mendenhall in Chadds Ford, Pa.

The richest state-bred of 2021 when banking $487,400, Chub Wagon scored in eight of her nine starts at age four, and was second in her only loss. After getting her first stakes win in the Unique Bella at Parx in April by 7 1/2 lengths, she followed with wins in the Skipat S. and Shine Again S. at Pimlico, and Dashing Beauty S. at Delaware Park. She rebounded off a second-place finish in the Dr. Teresa Garofalo Memorial S. at Parx on Pennsylvania Day At the Races in August to take the Roamin Rachel S. against open company by four lengths two weeks later. She concluded her season in late September by winning the Plum Pretty S. in her first start beyond a mile.

A daughter of Lopez's homebred stallion Hey Chub out of the Lion Heart mare Takin The Plunge, Chub Wagon also took home awards for champion older female and champion female sprinter.

The evening's keynote speaker was Triple Crown-winning jockey Steve Cauthen, now a breeder/owner in Kentucky. The PHBA's Lifetime Achievement Award for excellence in breeding in the state was presented to George Strawbridge, Jr., who over the course of the past five decades bred such Pennsylvania-bred standouts at GI Breeders' Cup Turf winner Tikkanen and five-time Grade I winner With Anticipation.

Other divisional champions were:
• Two-year-old female–Morning Matcha (Central Banker)
• Two-year-old male–Dance Code (Honor Code)
• Three-year-old female–Leader of the Band (Bandbox)
• Three-year-old male and male sprinter–Beren (Weigelia)
• Older male and turf male–The Critical Way (Tizway)
• Turf female–Caravel (Mizzen Mast)

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