In Baffert Case, Sides Haggle Over Urine Sample

Lawyers representing the Kentucky Horse Racing Commission (KHRC) and Bob Baffert squared off before Franklin Circuit County Judge Thomas Wingate Friday morning in a dispute over whether or not additional urine samples from Medina Spirit (Protonico) from the GI Kentucky Derby should be made available to the defendants' lawyers and, if so, in what quantity?

The Baffert team has asked for an additional urine sample because it believes further testing can prove that the drug in question, Betamethasone, found its way into Medina Spirit through an ointment used to clear up a skin condition and not through an injection. The KHRC argued that it needs to retain what's left of Medina Spirit's urine sample in case there is a need for further testing on its part or some sort of unforeseen problem related to testing.

Wingate asked the two sides to negotiate and come to a compromise. He said that if the sides could not agree, he would issue a ruling Wednesday. Wingate made it clear that he wants at least some of the urine to be handed over to the Baffert team.

“You sort of see where I am going and I think that if you come up with something more palatable and are afraid of how I am going to rule then do it. Fair enough?” Wingate said.

The hearing was held over Zoom and, at times, only Wingate could be heard clearly. For the most part, the statements made by KHRC attorney Jennifer Wolsing were inaudible.

The lawyers representing Baffert and Medina Spirit's owner, Amr Zedan, are building a case that the drug got into the colt's system through the ointment. They have said that would be the sort of mitigating circumstances needed to conclude that there was no attempt to improve the horse's performance, reason enough for Baffert to be exonerated and the original order of the Kentucky Derby to be upheld.

Also at issue is whether or not it matters where the Betamethasone came from. The courts and the KHRC might ultimately decide that is irrelevant, that the very presence of the drug is enough to warrant a disqualification, no matter the source of the drug.

“The rules of the Kentucky Horse Racing Commission are clear,” said Baffert's lawyer Craig Robertson. “Some 63 times in their rules it states that a trainer is allowed to present mitigating circumstances in consideration of a penalty. Proving that this was an ointment and it did not come from an injection is, at the bare minimum, a mitigating circumstance. We should be allowed and should be entitled to present that evidence and obtain that evidence to scientifically prove these facts.”

Robertson also touched upon public perceptions involving this case and the potential damage that could be done to Baffert's reputation.

“From a public perception perspective, my client has been excoriated unfairly and publicly about this and he's been accused of injecting this horse to cheat to win the Kentucky Derby,” Robertson said. “That this is a banned substance. That this is doping. None of which is true. We have an opportunity to get scientific evidence to prove that it's not true and they're trying to keep us from doing that. That's not fair.”

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Racing Exec Robert Bork Passes Away

Racing executive and former Sam Houston President Robert Bork passed away peacefully at his home in Houston June 11 at the age of 83.

“I lost count very early in my career about how many times I was asked if I was Bob Bork's son,” said Dan Bork, who serves as assistant racing secretary/stakes coordinator at Churchill Downs and racing secretary at Ellis Park. “My dad was known as an industry leader and greatly admired by so many accomplished horsemen and racing executives. It was way more than a job for him; he truly loved the sport of horseracing.”

Bork began his career in racing as a controller at Philadelphia Park. He became vice president and general manager of that venue and general manager of Garden State Park in New Jersey. He followed that as vice president, general manager and chief operating officer of Arlington International. Bork was hired as Sam Houston's senior vice president and general manager and was later promoted to president. He also served as director and secretary of the Thoroughbred Racing Association and chaired its 2020 Technology Committee.

“Bob Bork set a tremendous foundation for the growth of Sam Houston Race Park when he was hired in 1995,” said Dwight Berube, Sam Houston's vice president and general manager. “Throughout his 12-year tenure, he was admired by horsemen, horseplayers and employees and initiated many programs that have been emulated by racetracks across the country.”

Bork is survived by his wife of 58 years, Judith Bork; children Dina Ruggerio, Dan Bork and Michael Bork and seven grandchildren. He was preceded in death by his son, Robert Bork, Jr; brother William Bork and sisters Janet and Karen. Funeral arrangements are pending and a Celebration of Life honoring Bork will be held at Sam Houston Race Park in the near future.

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Gerard Melancon Wins 5,000th Race

Louisiana native Gerard Melancon became the 37th jockey in North America to reach the milestone of 5,000 wins when his mount in the eighth race at Evangeline Downs Thursday night, Reposado (Shackleford), crossed the wire in front by 5 3/4 lengths. The first time he had visited the winner's circle as a rider at Evangeline Downs was 37 years ago. Melancon's first professional ride was at Delta Downs in 1984. He has since ridden in more than 31,900 races and earned nearly $88 million in purse money. He had recently passed retired Hall of Famer Ramon Dominguez on the all-time career wins list and has just 35 victories to go to match the win mark of retired Hall of Famer Alex Solis.

“I have to thank my wife, Annette, for all of her support through the years,” said Melancon, who is 54. “Manuel Robin was integral in giving me a chance to get started, and my agent Louis Coco has been a great partner for the past 25 years.”

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OBS June Continues With Solid Results

OCALA, FL – Steady trade continued through the second session of the Ocala Breeders' Sales Company June Sale of 2-Year-Olds Thursday in Central Florida, with a filly by Nyquist bringing the day's top bid when selling for $420,000 to Gary Hartunian's Rockingham Ranch. The session-topping juvenile was consigned by Eddie Woods.

“It was another good day,” OBS Director of Sales Tod Wojciechowski said at the close of business Thursday. “We carried a lot of the momentum that we had yesterday into today and I think it will carry on through tomorrow.”

With two sessions in the books, OBS has sold 380 head for $15,776,500. The two-day average is $41,517 and the median is $18,000. With 106 horses reported not sold, the buy-back rate was 21.8%.

Through two sessions of the pandemic-delayed 2020 sale, 336 head had sold for $9,395,600 for an average of $27,963 and a median of $13,000. At the close of the day, the buy-back rate was 28.3%.

In 2019, 429 juveniles had sold through two session for a gross of $13,839,200. The average was $32,259 and the median was $17,000. The buy-back rate at the end of the second session in 2019 was 25.4%.

Sellers had concerns that the middle and lower end of the market would be weaker without the presence of Korean buyers, but Wojciechowski said the domestic bench had stepped up, not just at the June sale, but throughout the spring.

“I think there has been strength throughout the market,” he said. “Particularly on an overall scale for the 2-year-old season, we were missing a big part of our buying bench in the Koreans. I went on the record in March that I thought we could pick up the slack and I got a few sideways looks, but I think domestically, we've done a great job of picking up the slack and filling the hole that the Koreans left in the market. Hopefully, they will be back next year. But I still think one thing that has impressed at this sale and throughout the season is the depth that we've had in the market.”

Consignors still felt the absence of the Korean buyers, who are not only traditionally prolific buyers in the middle and lower market, but also tend to force other buyers to bid higher.

“There is money for the right horses, but if you don't have the horse, it's over,” Woods said. “There is no one for the rest. We are missing our Koreans for the mopping up. And I suppose there are only so many horses that can get bought anyway.”

Still, competition for the perceived quality lots was still strong as the juvenile sales season marched towards its conclusion.

“This is our fifth [purchase],” Lloyd said after signing the ticket on the session topper. “But yesterday we got outrun four out of five times. It's very competitive. The ones that look good and perform well, they are going to get sold. The market is strong and it's going to continue to get stronger. We are through COVID and the purses in New York and Kentucky and Arkansas are so huge.”

The OBS June sale concludes with a final session Friday with bidding beginning at 10:30 a.m.

Nyquist Filly to Rockingham Ranch

Gary Hartunian's Rockingham Ranch added a filly by Nyquist to its roster when Kim Lloyd made a final bid of $420,000 to acquire hip 543 from Eddie Woods's consignment at OBS Thursday.

“We loved this filly,” Lloyd said. “She is a beautiful filly. Eddie is a good friend of mine. He was telling me about her and how he gave her the time off. And when you give a young horse time off like that and they come around like that, this is what you get. She goes from here to the races. We're very excited.”

The chesntut filly is out of stakes winner Midnight Ballet (Midnight Lute) and worked a furlong last week in :10 1/5.

“I loved the length of her stride,” Lloyd said of the juvenile. “She's a scopey filly. You can see that she hit a growing spell.”

Lloyd, who did his bidding from the back of the pavilion while on the phone with Hartunian, had to outlast Donato Lanni, who was doing his bidding out back. Lloyd admitted he had often come out on the losing side of bidding battles with the well-backed Lanni.

“In September, we were the direct underbidder five times,” Lloyd said of bidding against Lanni. “And then, seven other times when I quit at $250,000, they lapped me…$500,000, $510,000. Twelve horses that I landed on, Donato bought.”

Woods's pinhooking partnership Quarter Pole Enterprises purchased the chestnut filly for $200,000 at last year's Keeneland September sale.

“She was in the Fasig [Gulfstream] catalogue, but she just wasn't hitting right,” Woods explained. “I turned her out for five weeks and brought her back. I didn't want to bring her to Timonium because she's too big, so we had no option but to come here. But it worked out. She was always going to be a nice filly regardless of where we went. We are really happy with how it turned out.”

Another Imprecation for Roden

Bloodstock agent Alistair Roden, who purchased subsequent multiple graded stakes winner Anothertwistafate (Scat Daddy) and multiple graded placed Ajourneytofreedom (Hard Spun) from the OBS sales ring, purchased a third juvenile out of the mare Imprecation (First Defence) when he went to $350,000 to acquire a filly by Dialed In (hip 418) on behalf of Peter Redekop Thursday in Ocala.

“I know the family very well,” Roden said with a smile after signing the ticket on the filly, who was consigned by Ciaran Dunne's Wavertree Stables on behalf of breeder Bryant Prentice. “When I first saw her, I thought she was like Ajourneytofreedom, but the more I looked at her, she was more like Anothertwistafate. She's large and well-balanced, a fancy-looking filly. The family seems to really improve. They all seem to be that type of a family, they are not wow horses in the springtime, but they seem to get better.”

Roden purchased Anothertwistafate for Redekop for $360,000 at the 2018 OBS June sale, just a week after Scat Daddy's Justify completed his Triple Crown sweep in the GI Belmont S. The handsome colt won the 2020 GIII Longacres Mile H. and this year's GII San Gabriel S. Ajourneytofreedom was purchased for $180,000 at the 2019 OBS April sale just as his half-brother was making a push towards that year's Classics.

Hip 418 RNA'd for $345,000 at the Fasig-Tipton Gulfstream sale following a furlong work in :10 3/5. She worked a quarter-mile in :21 1/5 ahead of the June sale.

“I didn't see her at Gulfstream,” Roden said. “I saw the breeze and it wasn't the best of breezes, but Ciaran told me what his theory was. He's a good guy and we like buying off of him and his whole team over there. The breeze here was pheneomonal. We are happy to get her.”

Of the filly's experience at Gulfstream, Dunne said, “It was probably trainer/consignor error. We were very high on the filly earlier in the year, but she was immature mentally and physically. And in hindsight, I should have just waited and gone to April with her. She was a filly who always needed to go a quarter, she was very keen and anxious to please. In Miami, she was a little bit frenzied. Whereas here, going a quarter, she had the time to level out and smooth out. The farther she went here, the better she got.”

The dark bay filly's dam Imprecation is a daughter of group winner Media Nox (GB) (Lycius) and is a half-sister to Group 1 winner Nebraska Tornado (Storm Cat), group winner Burning Sun (Danzig) and group-placed Mirabilis (Lear Fan).

Prentice purchased the mare for $223,246 at the 2013 Tattersalls December sale.

“It's a beautiful family,” Dunne said. “It's a family that has been good to us as sellers and to Mr. Prentice as a breeder. We sold Anothertwistafate in June, so maybe that's where that family has to go, June instead of Gulfstream.”

Of similarities between the siblings, Dunne said, “I think she is a mare who really throws to a stallion. Anothertwistafate was as pretty a horse as we ever had. Tall and elegant, he had that long Scat Daddy look to him. This filly here, you can really see the Dialed In and a little bit of Mineshaft. So I think she's a mare who really throws to the stallion. And the Hard Spun was different to the two of them again. But all of them are really good training horses. Hopefully she is as successful as her two brothers. If she is, it's a wonderful pedigree.”

Glassmans Strike for Hard Spun Colt

Karl and Cathi Glassman struck midway through Thursday's second session of the OBS June sale to acquire a colt by Hard Spun (hip 506) for $335,000 from the Eisaman Equine consignment. The bay colt will be trained by Maryland-based conditioner Brittany Russell.

“I trust everything that Barry Eisaman does,” Karl Glassman said when asked about the juvenile's appeal. “So Barry's background had a lot to do with it.”

The bay colt, who worked a furlong in :10 3/5 during last week's under-tack show, is out of the unraced Lovisa (Speightstown), a half-sister to stakes winner High Noon Rider (Distorted Humor) and stakes winner and group-placed Poupee Flash (Elusive Quality). His third dam is Chimes of Freedom (Private Account), who produced champion Aldebaran and Grade I winner Good Journey.

“The Hard Spuns are just good, durable horses, so I know that he's not going to be real precocious,” Glassman said. “Genetically, he looks like he should be a two-turn runner. We are patient. The horse's welfare is what is most important to us. and I know Barry and Shari have done a great job taking care of him.”

The Eisamans purchased the colt for $100,000 at last year's Keeneland September sale.

Glassman is chairman and chief executive officer of the Missouri-based Leggett & Platt, a diversified manufacturer of various components and products.

The couple, who split their time between Florida and Missouri, have campaigned stakes winner April Gaze (High Cotton) and stakes placed Restofthestory (Jess's Dream).

Of their current racing stable, Glassman said, “Brad Cox has three, Eddie Plesa has nine and now Brittany will have four.”

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