By T. D. Thornton
Trainer Richard Baltas is facing a one-year suspension and a $10,000 fine for the alleged race-day administration of substances to his horses 21 times over roughly a three-week span this past spring at Santa Anita Park, according to a ruling posted Friday on the California Horse Racing Board (CHRB) website.
Baltas told Daily Racing Form that he's “terribly disappointed” and plans to appeal.
In a bit of an odd legal twist, timing-wise, Baltas is already engaged in a legal fight with the CHRB over essentially these very same allegations.
Back on Aug. 17, some 3 1/2 months before the Dec. 2 ruling was even issued, Baltas sued the CHRB, its commissioners, and executive director for at least $12 million in damages, claiming that the CHRB “destroyed” his reputation by issuing the 47-count complaint that led to Friday's ruling.
That lawsuit stated the CHRB allegedly violated Baltas's civil rights and kept materials from him that were related to the accusations, “thereby forcing Baltas to proceed with information and documents that are being withheld and concealed from him…”
The CHRB's original June 21 complaint stated that “Between the dates of 4/15/2022 to 5/8/2022, 23 horses trained by RICHARD BALTAS were administered a substance on days they were entered into races. Surveillance video captured all administrations by employees of BALTAS's barn. The substance was analyzed by University of California, Davis, who reported the presence of Higenamine and Paenol.”
The Dec. 2 ruling stated that Baltas's suspension will run from Dec. 9, 2022, to Dec. 8, 2023, for allegedly violating the following CHRB rules: #1887 (Trainer to Insure Condition of Horse), #1902 (Conduct Detrimental to Horse Racing), and #1843.5 (Medication, Drug, and Other Substances Permitted After Entry in a Race).
More specifically, Baltas was cited for “Oral administrations of 'X-Treme Air Boost' and other substances on race day.” (While the original complaint listed “23 horses,” the ruling stated “21 counts”).
Back when the complaint was issued nearly a half-year ago, Baltas's lawsuit stated that, “None of the counts in the CHRB Complaint are valid, and each of them reflect a malicious intent by the Defendants.”
Baltas has not started a horse since July 15, at Lone Star Park.
His lawsuit stated that on May 10, “Aidan Butler, [acting] on behalf of Santa Anita, notified Baltas that he was prevented from entering any horses at Santa Anita.”
On June 22, 2022, the CHRB filed an ex parte application with the stewards at Los Alamitos Race Course to refuse the entry of two horses trained by Baltas, the lawsuit stated.
The stewards at Los Alamitos summarily denied these two entries “without a hearing or any form of due process,” the lawsuit stated. “The denial constituted a de facto summary suspension.”
Ballas then sent stock to compete at Churchill Downs. But, according to his lawsuit, track management there “issued a de facto suspension…a decision made, once again, without any due process.”
In July, in the wake of the CHRB complaint, a Los Angeles Superior Court Judge denied a request by Baltas to order the CHRB to allow him to enter horses in the state.
Baltas's lawsuit gave the following timeline of events regarding the allegations:
“Baltas had a horse called Noble Reflection scheduled to run in the 10th race at Santa Anita Park on May 8, 2022. A few hours before the race, one of Baltas's employees were seen on videotape administering an oral dose syringe into the horse's mouth.
“A syringe was subsequently recovered from a feed bag that was tested and had allegedly traces of Higenamine and Paeonol, which are organic liquids that are found naturally in Chinese herbs. Notably, after Noble Reflection was scratched from the race, it was tested and the test results were 'clean,' and neither Higenamine nor Paeonol were found in the horse,” the lawsuit stated.
“Based on the film footage of Noble Reflection…on May 10, 2022, the Santa Anita and/or the CHRB and its agents went back retroactively to review videotaped footage of Baltas's horses from April 15, 2022, up through May 8, 2022, and allegedly saw 22 horses trained by Baltas receiving an orally administered liquid that they contend was X-Treme Air Boost, which is a product advertised for use in horses in the Santa Anita Condition Book,” the lawsuit stated.
“Unlike the situation with Noble Reflection, there was no syringe found in the other 21 instances to be tested. Instead, the CHRB assumed the substance in the other 22 cases going back to April 15, 2022, was the same that was found in or on the outside of the syringe found on May 8, 2022. None of the 21 horses that raced ever tested positive for a Controlled or Prohibited Substance,” the lawsuit stated.
“The CHRB has never explained its decision for going back in time to find violations in the past, and its conduct demonstrates that they and/or the Defendants herein intended to target Baltas to find as many violations as possible. Such conduct demonstrates malice and oppression on the part of the CHRB and its Agents,” the lawsuit stated.
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