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Baffert, Zedan File Suit Against Kentucky Commission Over Extra Testing In Medina Spirit Saga

Medina Spirit trainer Bob Baffert and owner Amr Zedan have filed a civil suit against the Kentucky Horse Racing Commission (KHRC) in Franklin Circuit Court demanding more testing of the post-race samples taken from the colt after the Kentucky Derby. The suit, filed June 7, seeks temporary and permanent injunctions against the KHRC from “violating the plaintiffs' substantive and procedural due process rights with regard to the analysis of the split biological urine sample” in the case.

Eight days after the Kentucky Derby, Baffert publicly announced he had been informed an initial post-race test on Medina Spirit had revealed the presence of the corticosteroid betamethasone. At the time, Baffert said the horse had never been treated with betamethasone, which comes in multiple forms. Two days later after the ensuing media storm, Baffert announced Medina Spirit had been treated with Otomax, a topical cream approved for use in dogs in the process of trying to clear up a sizable patch of skin irritation.

A split sample test has confirmed the presence of betamethasone, but the KHRC has yet to issue a stewards' ruling regarding the potential disqualification of the horse and/or fines and suspensions for Baffert. In acknowledging the positive split sample, attorneys for Zedan and Baffert last week acknowledged they were going to conduct further testing on samples from Medina Spirit.

The lawsuit reveals that the attorneys had made a number of demands regarding the testing of that split sample. The purpose of split sample testing is to confirm or refute the original finding from the initial post-race test in the same medium (blood or urine), but attorneys for Baffert and Zedan demanded that both mediums be tested. They also demanded that both mediums be tested for other compounds present in Otomax, including the anti-fungal clotrimazole and the anti-bacterial gentamicin, as well as the specific chemical form of betamethasone used in the topical application – betamethasone valerate.

Learn more about split sample testing here.

The KHRC declined those requests, which exceed the typical battery of tests for split sample testing. It did agree to send the remnants of the original samples to a laboratory chosen by Zedan and Baffert so that additional testing could be performed at the owner and trainer's expense. The lawsuit claims the testing samples arrived damaged, and that the KHRC is now reluctant to send the horse's split urine sample, which has not been tested, to another laboratory.

“There currently sits in the KHRC freezer an unopened, untested and hopefully pristine split sample of Medina Spirit's urine,” reads the suit. “Given the foregoing, the plantiffs requested that the urine be immediately shipped to the agreed upon lab for testing for all the compounds in Otomax. The KHRC has refused this reasonable request and indicated it has no intention of allowing that urine split sample to be tested in any way.”

The complaint also puts forth the theory by attorneys for Baffert and Zedan that the classification of betamethasone in KHRC regulations is intended to refer only to the FDA-approved injectable form of betamethasone, known by the trade name BetaVet. The commission's current classification guidelines refer to the drug betamethasone, not to BetaVet. The plaintiffs claim the existing regulations do not “discuss or include any reference to the use of betamethasone as a component of a topical ointment or cream.”

KHRC regulations do not appear to discriminate between topical versus injected products or between brand name products in its current drug classification guidelines. Its withdrawal guidelines, which “shall provide certain mandatory treatment requirements, guidance, and advice” do make specific reference to injected forms of betamethasone.

The KHRC has not yet filed a response in the case. A hearing for the temporary injunction will take place before Circuit Court Judge Thomas Wingate on Friday morning.

Read a copy of the civil complaint here.

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Baffert The Center Of Two More Civil Suits In Federal Court In Medina Spirit Case

Days after a group of four horseplayers filed suit against trainer Bob Baffert and Medina Spirit owner Zedan Racing over the expected disqualification of the horse from his Kentucky Derby win, Baffert has been named in two more similar federal lawsuits.

Both follow a similar premise to the May 13 civil suit filed by horseplayers Michael Beychok, Justin Wunderler, Michael Meegan and Keith Mauer. One was filed May 24 in U.S. District Court for the Central District of California by bettor Jeffrey Kaufman, who accuses Baffert and Zedan Racing of violating the Racketeer Influenced and Corrupt Organizations (RICO) Act due to the presence of a regulated substance, betamethasone, Baffert said he was informed was detected on the horse's post-race tests. The drug has yet to be confirmed in split-sample tests. Kaufman's suit alleges that Baffert's history of drug positives establishes a pattern and that his assurances to the public in late 2020 that he intended to improve barn procedures was trusted by bettors.

Kaufman's suit is also designed to be a class action on behalf of other bettors on the Kentucky Derby “who would have won their bets and winnings had Medina spirit been properly prohibiting from competing in the Kentucky Derby on May 1, 2021, or competed without the aid of an illegal drug.”

Kaufman requests, among other things, court-imposed restrictions on Baffert's “future activities in Thoroughbred racing.”

The Kaufman suit accuses Baffert and Zedan of violating the RICO Act, common law fraud, and equitable fraud, and Baffert alone of conspiring to violate California laws against racketeering. Baffert and Zedan have not yet filed responses.

Read that complaint here.

Another horseplayer, Florida-based Anthony Mattera, filed suit against Baffert and Churchill Downs in Jefferson Circuit Court in Kentucky based on the Medina Spirit drug positive, but that case was removed to the U.S. District Court for the Western District of Kentucky. Mattera claims, based on Baffert's history of drug violations, Churchill Downs should have refused his entry of Medina Spirit into the race and also that the track could have implemented its own pre-race testing procedures. (The Kentucky Horse Racing Commission already conducts pre-race testing for the Kentucky Derby and Kentucky Oaks.) Mattera also claimed the track should not have calculated the payouts based on the results with Medina Spirit as the winner.

Mattera also seeks to have his lawsuit recognized as a class action. Mattera's suit alleges negligence on the part of Baffert and Churchill, and violation of the Kentucky Consumer Protection Act and unjust enrichment by Churchill. Mattera seeks to permanently enjoin Churchill from conducting racing until it meets a number of conditions to screen horses pre-race, settle wagers that change as the result of disqualifications, and publicly disclose medical records among other things. Baffert and Churchill have not yet filed responses.

Read that complaint here.

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Horseplayers Sue Baffert, Zedan Racing Over Medina Spirit Drug Test

Four horseplayers have filed a class-action lawsuit against trainer Bob Baffert and Medina Spirit's owner, Zedan Racing, over the results of the May 1 Kentucky Derby in which Medina Spirit finished first but now is in jeopardy of being disqualified after Baffert revealed the horse failed a post-race drug test.

The suit was filed in U.S. District Court for the Central District of California by 2012 National Horseplayers Championship winner Michael Beychok of Louisiana; Justin Wunderler of New Jersey (known on Twitter as frequent Baffert critic @SwiftHitter); Michael Meegan of New York; and Keith Mauer of California. They allege they were denied winning bets on the Kentucky Derby in amounts ranging from $100 to as much as $100,000 because of Baffert's “multiple and repeated acts of doping and entering horses into Thoroughbred races, including the Kentucky Derby” that the complaint said constitutes “racketeering activity” under the federal Racketeer Influenced and Corrupt Organizations Act (RICO) and laws of the state of California, where Baffert and his stable are based.

Their bets were placed on Mandaloun and other horses in various wagering pools, but were deemed losers when Medina Spirit crossed the wire first and was declared the “official” winner. Eight days after the Derby, Baffert revealed that the 3-year-old Protonico colt tested positive for the corticosteroid betamethasone and Churchill Downs issued a statement immediately suspending Baffert from racing at the Louisville, Ky., track while the matter is being investigated. While only stewards representing the Kentucky Horse Racing Commission may disqualify horses, the track's statement said Medina Spirit would be disqualified from his Derby win if a split sample confirms the presence of the drug.

The suit was also filed on behalf of “all others similarly situated,” more specifically, “All Kentucky Derby bettors who would have won their bets and winnings had Medina Spirit been properly prohibited from competing in the Kentucky Derby…or competed without the aid of an illegal drug.”

Betamethasone is a legal therapeutic medication used to treat various maladies in horses but its presence is not permitted at any level in post-race drug tests. Baffert first claimed the horse or test sample were contaminated with betamethasone and days later said the positive test may have been caused by a prescription ointment, Otomax, that includes betamethasone as an active ingredient. Baffert said the ointment was used to treat dermatitis after Medina Spirit raced in the Santa Anita Derby on April 3.

In addition to allegations that Baffert violated the federal RICO Act through an enterprise with Zedan Racing “engaged in activities affecting interstate commerce,” the plaintiffs also claim they and the class members were defrauded by a “misrepresentation” by Baffert in November 2020 after a series of medication violations that he was retaining Dr. Michael Hore to “ensure rule compliance” for his stable. A news report earlier this week claims that did not happen.

The plaintiffs are asking the suit to be certified by the court as a class action case and seeking damages that include monetary relief for attorney fees and other expenses, injunctive relief “enjoining the Baffert defendants from engaging in any further racketeering acts,” Imposition of “reasonable restrictions” on Baffert's future activities in Thoroughbred racing, payment to the plaintiffs and class members for money they would have won “but for the illegal doping of Medina Spirit,” plus treble and punitive damages.

Craig Robertson, attorney for Baffert, said the lawsuit was “completely frivolous and without legal merit.”

Read the complaint here

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The Week in Review: How to Buy a Derby Winner for $1,000

As consignor Christy Whitman remembers, it was deathly quiet when Medina Spirit (Protonico) entered the ring as a yearling at the 2019 OBS Winter Mixed sale. She seemed to be the only one paying any attention to him

“I knew he wasn't going to bring much because no one was looking at him,” she said.

A few minutes later, Medina Spirit would be hers, forever remembered as the GI Kentucky Derby winner who sold for $1,000 as a yearling.

It's the umpteenth reminder about how beautifully unpredictable this sport can be. The Derby field included horses who sold for $525,000, $725,000, $650,000, $950,000, plus a handful of beautifully bred homebreds. But these sons of super sires Tapit, Into Mischief, Curlin and others didn't have what it took to win the Kentucky Derby. A bargain-basement colt did.

“That's what is so great about this sport,” Whitman said. “Anybody could have bought the Derby horse. Anybody could have put up $1,000 and had a Kentucky Derby winner. That's what makes horse racing so special.”

One of Whitman's exercise riders, Jose Gallego, asked her to see if she could buy on his behalf an inexpensive horse that could be sold for a profit at the 2-year-old sales the following year. Whitman had a small budget and modest plans for the purchase.

“I've always been on a bit of a budget and I don't have a lot of money to spend on a horse,” she said. “I kind of have a knack for finding horses everyone else is overlooking, whether they are immature or maybe have a slight issue. I am looking for diamond-in-the-rough horses. I have honed that skill over the years because that's the only way I've been able to get horses bought.”

She realized that Medina Spirit's pedigree page was not a selling point. The sire, Protonico, who never won a Grade I race and stood at the time for $5,000, was hardly in demand. And on the dam's side you had to go back three generations before finding any blacktype. This was the first foal from a mare, Mongolian Changa (Brilliant Speed), who won one of six starts and earned just $25,970.

“He had all the things I look for,” she said. “He was really well balanced, had a really good hip and top line, was decently correct, athletic and had a good walk to him. I really liked the colt and nobody was looking at him and that was because of his page. With the mare there was pretty much no blacktype and it was her first foal. I didn't even know who Prontonico was. I had to look him up. This was a really nice colt, pretty well put together, but I knew he wasn't going to bring much because absolutely no one was looking at him.”

Whitman opened the bidding on Medina Spirit at $1,000. It was the only bid for the horse.

Gallego broke the horse and Whitman had him back in the Ocala sales ring for last year's July 2-Year-Old Sale.

Whitman was starting to believe that the $1,000 yearling had some talent, but she and Gallego stuck to their plan. Medina Spirit worked three furlongs in :33 flat prior to the sale, which, Whitman knew, would mean there would at least be some interest in him. He was bought by Gary Young, the agent for Zedan Racing Stables for $35,000.

“He sold for the $35,000, basically, because he had a good work,” Whitman said. “If he hadn't had that, he would have been a $10,000 2-year-old. I thought $35,000 for a $1,000 yearling was a pretty good turnaround.”

Whitman will occasionally keep a horse and race them, but she never gave that a thought with Medina Spirit.

“If I had kept the horse and raced him, he would have never made it to the Derby,” she said. “It takes a lot of things coming together to make that happen. He's a good horse, but it is important that he wound up with a good trainer in Bob Baffert. Everything fell into place for him.”

Whitman may never again come across another horse like Medina Spirit, but she will keep trying. She looks for horses that have been overlooked for one reason or another and doesn't worry about their breeding.

“One thing I've always been adamant about is that a lot of people overlook a horse for what I would say are stupid reasons, like their page,” she said. “The horses don't know what their pedigree looks like. They don't know what you paid for them. Just because a horse has a great pedigree does not necessarily mean they are going to be a great horse. I very much go for the individual. If I like the horse I don't care about their page. It's always easier to sell a horse who is an athlete, whether it has the pedigree or not.”

Speed Wins

It's no coincidence that Bob Baffert's two most recent Derby winners won the race in wire-to-wire fashion. Baffert and jockey John Velazquez clearly understand the importance of using early speed as a weapon in the Derby.

In five prior starts, Medina Spirit went wire to wire only once, but there he was on the lead at every call for the Derby. Of course, it didn't hurt that Rock Your World (Candy Ride {Arg}) got off to a poor start.

A year earlier, it was the same story. Authentic (Into Mischief) wasn't always on the lead in his starts prior to the 2020 Kentucky Derby. But in his Derby, he led every step of the way under Velazquez and had a relatively easy time holding off the heavy favorite Tiz the Law (Constitution).

Kornacki Picks the Winner

Medina Spirit wasn't an easy horse to come up with, but at least one person from the NBC team was not fooled. Working his first-ever Kentucky Derby broadcast, Steve Kornacki nailed it and was the only one from the NBC talent pool who picked the winner.

Kornacki is best known for his work as a national correspondent for NBC News and MSNBC, but is also a long-time racing fan and horseplayer. He brought a lot of insights to the broadcast, in particular his explanation of how the $2-million-plus win bet on Essential Quality (Tapit) by Jim McIngvale affected the odds on the other horses.

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