Remsen: Zandon’s Owner Files Protest Over Foul That ‘Cost The Horse An Inch’

The finish of last Saturday's Grade 2 Remsen Stakes at Aqueduct was decided by nose, with Mo Donegal finishing ahead of Zandon.

According to the Equibase chart notes, second-place finisher Zandon “rallied to the lead in upper stretch, lost the advantage to the winner [Mo Donegal] before the eighth pole, dug in gamely on the inside in the final furlong, had the winner's rider [Irad Ortiz, Jr.] attempt to intimidate him late then bumped approaching the wire and just missed in a determined effort.”

Jockey Irad Ortiz, Jr. was subsequently suspended 30 days for an incident that occurred on Friday at Aqueduct.

After a stewards' inquiry into the finish, the order of finish was confirmed. However, the Daily Racing Form now reports that Zandon's owner Jeff Drown has filed an appeal with the New York State Gaming Commission.

“We're hopeful the Gaming Commission will see there was a rules violation and there should be a review,” Drown's attorney Drew Mollica told DRF. “[Zandon] was beaten an inch. No way in the world the foul that occurred didn't cost the horse an inch.”

According to DRF, two of NYRA's three regular stewards were out of the stand on Saturday. Monmouth steward Stephen Pagano filled in for Commission steward Braulio Baeza, Jr., and retired Commission steward Carmine Donofrio filled in for Jockey Club steward Jen Durenberger.

Read more at the Daily Racing Form.

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Baffert To Saddle Messier, Barossa In Search Of Eighth Straight Win In Los Alamitos Futurity

Hall of Fame trainer Bob Baffert will send out Messier and Barossa as he seeks his eighth consecutive victory in the Grade 2, $300,000 Los Alamitos Futurity Saturday.

The contest at 1 1/16 miles for 2-year-olds is the ninth of 10 races on the next-to-last day of the Winter Thoroughbred meet at Los Alamitos. Post time Saturday is 12 Noon. Scheduled post time for the Futurity is 3:58 p.m.

Baffert, who has won each of the Los Alamitos Futurities offered at Los Alamitos since daytime Thoroughbred racing returned in 2014, trains Messier for a partnership that includes Golconda Stable, Madaket Stables LLC, SF Racing LLC, Siena Farm LLC, Starlight Racing, Waves Edge Capital, Catherine Donovan, Robert Masterson and Jay Schoenfarber.

A son of Empire Maker and the Smart Strike mare Cherokee Past has won two of three and earned $105,600. After finishing second as the odds-on favorite in his debut June 27 at Los Alamitos, the Canadian bred has gone back-to-back, prevailing by a combined 10 lengths. In his most recent appearance, Messier won the Grade 3 Bob Hope by three lengths Nov. 14.

An Into Mischief colt out of the Flower Alley mare Bouquet Booth, Barossa, who has the same ownership group as Messier, finished ninth of 11 in the Grade 1 Breeders' Cup Juvenile Nov. 5.

He's won once in four starts and earned $69,200. He broke his maiden at eight furlongs two starts back at Santa Anita.

Trainer Doug O'Neill, who was second in the 2020 Futurity with The Great One, will be represented by Durante and Slow Down Andy.

A son of Distorted Humor and the Pioneerof the Nile mare Seahawk Girl, Durante graduated as the 1-2 favorite in his most recent start at one mile Nov. 14. He's earned $54,700 in three outings for Roadrunner Racing and William Strauss.

A California bred son of Nyquist and the Square Eddie mare Edwina E, Slow Down Andy is 1-for-2 for owner-breeder J. Paul Reddam's Reddam Racing LLC. The chestnut colt won by nearly five lengths in his debut Oct. 9, then was second as the 11-10 favorite in the Golden State Juvenile four weeks later. He's banked $69,850.

Completing the field is Olympic Legend, a Street Boss colt out of the Mingun mare Brilliant Future.

Owned by breeders Lawrence Opas and Frank Sinatra and trained by Luis Mendez, Olympic Legend is the only member of the field with a win at Los Alamitos. He upset a field that included Messier when nearly 11-1 June 27. He's been idle since finishing a distant third in the Capote Stakes locally Sept. 18.

Olympic Legend is 1-for-4 with earnings of $38,500.

From inside out, the field for the Los Alamitos Futurity: Olympic Legend, Jose Valdivia, Jr. rides, 120 pounds; Durante, Umberto Rispoli, 120; Messier, Flavien Prat, 120; Barossa, Juan Hernandez, 120 and Slow Down Andy, Mario Gutierrez, 120.

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Cox, Asmussen Account For 10 Of The 35 Nominees To Springboard Mile

The top two trainers in the country, Brad Cox and Steve Asmussen, have 10 of the 35 nominations to the $400,000 Springboard Mile for 2-year-olds on closing night, Dec. 17, at Remington Park.

The cornerstone open race for juvenile horses here has seen Cox nominate six and Asmussen four to this race run at the mile distance. Cox currently is the nation's top conditioner with $30,918,451 in horse earnings this year. Asmussen is a close second at $30,321,160.

Only one of Cox's six is a stakes winner and that horse, Kaely's Brother, was moved from second into the stakes win by disqualification at Delta Downs in Louisiana. Kaely's Brother, by Twirling Candy, out of the Yes It's True mare Policy of Truth, ran second in the $100,000 Jean Lafitte Stakes on Nov. 20. As the heavy favorite, Kaely's Brother checked behind the horse that crossed the finish line first, Waita Minute Hayes. The stewards ruled Waita Minute Hayes would be disqualified and Kaely's Brother be put up as the winner. Kaely's Brother had broken his maiden at Keeneland on Oct. 9 by three-quarters of a length, sprinting six furlongs. The colt's win in the Jean Lafitte was at the mile distance.

Kaely's Brother races for owner Dean Maltzman and has earned $110,737 in three races.

Cox's other nominees include Rocket Dawg, a Churchill Downs maiden winner in Louisville at first asking Nov. 19 in his only career race. He smoked a field by 5-1/2 lengths at seven furlongs. The colt is by Classic Empire, out of the Distorted Humor mare Rever de Vous. He races for owners Frank Fletcher Racing Operations and Ten Strike Racing.

Cox also has nominated Home Brew, who would be one of the top earners in the field at $113,000 if he goes. He is a Kentucky-bred colt by Street Sense, out of the Tapit mare Omnitap. He is two-for-three to start his career with his biggest win coming in an allowance-optional $80,000 claiming race last time out at Oaklawn Park in Hot Springs, Ark. That win by 3-3/4 lengths came at the one-mile distance on Dec. 4.

Asmussen has nominated one Remington Park stakes winner, Concept, and three Churchill Downs maiden winners. All four are Kentucky-breds.

Concept, a Gun Runner colt out of the Cindago mare Majestic Jewel, won the $75,000 Kip Deville Stakes at Remington Park on Sept. 26, sprinting six furlongs on the main track. When he stretched out to seven furlongs in the $100,000 Clever Trevor Stakes, he made the lead after a half mile but faded to fourth, beaten nine lengths. Concept is owned by Tony Holmes and Winchell Thoroughbreds.

The Asmussen maiden winners from Churchill are All in Sync, Chasing Time and Classic Moment. All in Sync, by Maclean's Music, out of the Girolamo mare System Time, won his second start by 1-1/2 lengths over a sloppy track at six furlongs on Nov. 25. He is owned by Ed and Susie Orr.

Chasing Time, a colt by Not This Time, out of the Dixie Union mare Race Hunter, took three tries to break his maiden, winning by 1-3/4 lengths at seven furlongs on Nov. 27. He is owned by My Racehorse.

Classic Moment won in his second start Nov. 5 at 6-1/2 furlongs by a half-length. This colt is by Classic Empire, out of the Yankee Victor mare Victory Party. He is owned by L and N Racing of Tulsa, Okla., and Winchell Thoroughbreds.

The only horse among the nominees with multiple stakes wins, and the local flag bearer for Remington Park is Rowdy Rascal, trained by Boyd “Jobe” Caster and owned by JT Stables of Springdale, Ark. Rowdy Rascal has won three races in a row over the Remington Park main surface, taking the $100,000 Oklahoma Classics Juvenile on Oct. 15 at six furlongs and then stretching out to one mile to easily win the $75,000 Don McNeill Stakes on Nov. 12 by three lengths.

“I haven't decided whether we are going or not,” said Caster. “We'll play it by ear and see how he comes out of his workout.”

Rowdy Rascal, an Oklahoma-bred by Den's Legacy, out of the Affirmatif mare Dancing Diva, has a record of six starts, three wins, one second and a bankroll of $132,859. He would definitely be one of the most experienced horse in the field if he goes. He is expected to work five furlongs on Thursday morning at Remington Park.

The top earner in the field, should he be entered, would be Tejano Twist, a winner in the $200,000 Lively Shively Stakes at Churchill Downs on Nov. 27. He also was runner-up to Concept in the Kip Deville at Remington Park. He is a gelded son of Practical Joke, out of the Cuvee mare Haley's Lolipop, and is a Kentucky home-bred by owner Tom Durant. His record is eight starts, three wins, three seconds and $260,670 in earnings. He would be the most experienced runner in the field.

Barber Road, who ran second, beaten only a half-length in the Lively Shively by Tejano Twist, was nominated by trainer John Ortiz. This colt is a Kentucky-bred owned by WSS Racing. He is by Race Day, out of the Southern Image mare Encounter. His record is 4-2-1-0 with $100,720 in the bank.

Other trainers with multiple nominees were Ron Moquett with three, U.S. Racing Hall of Famer Jerry Hollendorfer and Bret Calhoun with two each.

Remington Park racing continues this week with Friday and Saturday night cards, Dec. 10-11 that begin at 7:07pm-Central.

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Baffert Attorneys Claim Test Proves Ointment Led To Medina Spirit’s Failed Drug Test

Attorneys for the owner and trainer of Medina Spirit, first-place finisher in the 2021 Kentucky Derby, claim tests conducted by a New York laboratory have “definitively confirmed” the horse tested positive for a corticosteroid not through an injection but because of an ointment used to treat a skin rash.

Craig Robertson, attorney for Bob Baffert, and Clark Brewster, representing owner Amr Zedan's Zedan Racing Stables, said tests conducted by Dr. George Maylin, who heads a drug testing laboratory at New York's Morrisville State College, showed the presence of betamethasone valerate, which they claim is found in Otomax ointment. Otomax, manufactured to treat ear infections in dogs, lists betamethasone as one of its ingredients. The test, Robertson and Brewster said, also confirmed the absence of betamethasone acetate, the injectable corticosteroid used to treat inflammation.

“In other words,” Robertson said in a statement, “it has now been scientifically proven that what Bob Baffert said from the beginning was true – Medina Spirit was never injected with betamethasone and the findings following the Kentucky Derby were solely the result of the horse being treated for a skin condition by way of a topical ointment – all at the direction of Medina Spirit's veterinarian.”

The Paulick Report has asked Robertson and Brewster for a full copy of Maylin's report.

Robertson said the test result “should definitively resolve the matter in Kentucky and Medina Spirit should remain the official winner of the 2021 Kentucky Derby.” Brewster had similar sentiments, stating that “Zedan is proud to have stood by Bob and is ecstatic that Medina Spirit will receive the honor of his great victory.”

The Kentucky Horse Racing Commission and board of stewards have yet to conduct a hearing on Medina Spirit's failed drug test, and until a hearing is conducted Medina Spirit will remain the Kentucky Derby winner. In the ewake of the failed drug test, Baffert was ruled off all tracks owned by Churchill Downs Inc. through the conclusion of the 2023 spring-summer meet at the company's flagship track in Louisville, Ky. Churchill Downs also said horses trained by Baffert are not eligible for qualifying points for the Kentucky Derby.

A spokesperson for the commission could not be reached for comment on Maylin's testing, which attorneys for Baffert and Zedan sought through a court order.

The rules of Kentucky racing do not appear to differentiate between administration of betamethasone or other drugs through injection or other means. In section 1 in the regulations relating to medication, testing procedures and prohibited practices, the definition for “administer” states: “to apply to or cause the introduction of a substance into the body of a horse.”

The full statements from Robertson and Brewster follow:

Craig Robertson: The testing of the split urine sample of MEDINA SPIRIT has now been completed by Dr. George Maylin, Director of the New York Drug Testing & Research Program.  By Order of the Franklin Circuit Court in Kentucky, this urine was tested “to determine if the alleged topical administration of OTOMAX could have resulted in the finding of betamethasone” in MEDINA SPIRIT following the 2021 Kentucky Derby.  Those results have now definitively confirmed that the betamethasone present in MEDINA SPIRIT's system did indeed come from the topical ointment OTOMAX and not an injection.  In other words, it has now been scientifically proven that what Bob Baffert said from the beginning was true – MEDINA SPIRIT was never injected with betamethasone and the findings following the Kentucky Derby were solely the result of the horse being treated for a skin condition by way of a topical ointment – all at the direction of MEDINA SPIRIT's veterinarian.

The betamethasone in an injection is betamethasone acetate.  The betamethasone in the topical ointment is betamethasone valerate.  Only betamethasone acetate is addressed and regulated in the rules of racing in Kentucky.  Thus, the presence of betamethasone valerate in MEDINA SPIRIT, which resulted from a topical ointment, is not a rules violation.  Dr. Maylin's testing not only confirmed the presence of betamethasone valerate, but also the absence of betamethasone acetate.  This should definitively resolve the matter in Kentucky and MEDINA SPIRIT should remain the official winner of the 2021 Kentucky Derby.

Since May, Mr. Baffert has been the subject of an unfair rush to judgment.  We asked all along that everyone wait until the facts and science came to light.  Now that it has been scientifically proven that Mr. Baffert was truthful, did not break any rules of racing, and MEDINA SPIRIT's victory was due solely to the heart and ability of the horse and nothing else, it is time for all members of racing to come together for the good of the sport.  Mr. Baffert has been a tremendous ambassador for the sport throughout his 46 year Hall of Fame career and he has every intention of continuing to do so.

Clark Brewster: As Legal counsel for, and on behalf of, Abr Zedan and Zedan Racing Stable, owner of Medina Spirit, winner of the 147th Kentucky Derby, it is extremely gratifying to learn that the New York Racing Laboratory through its Director Dr George Marlin has scientifically confirmed that no Betamethazone Acetate was found in the post race urine specimen of Medina Spirit. Dr Maylin reported that components of an ointment used to treat a skin lesion was confirmed through metabolite confirmation and that no Acetate that is part of the injectable Betamethazone was present. The Kentucky Racing Commission has steadfastly enacted rules relating to corticosteroid joint injection and have drawn a bright line rule that no injections are permitted within 14 days of a race. Now there is zero doubt that the 14 day rule some thought might have been violated by the earlier less specific testing is revealed as premature judgment. That groundless accusation is without scientific merit.
Zedan is proud to have stood by Bob and is ecstatic that Medina Spirit will receive the honor of his great victory.

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