By Bill Finley
According to Craig Robertson, the lawyer representing Bob Baffert, a second-post race test has confirmed that Medina Spirit (Protonico) tested positive for the prohibited corticosteroid betamethasone, which could lead to the horse being disqualified from this year's GI Kentucky Derby. In response, Churchill Downs Inc. banned Baffert for two years.
“In response to the inquiries, this will acknowledge that the Medina Spirit split sample confirmed the finding of betamethasone at 25 picograms,” Robertson said in a statement. “There is other testing that is being conducted, including DNA testing. We expect this additional testing to confirm that the presence of the betamethasone was from the topical ointment, Otomax, and not an injection. At the end of the day, we anticipate this case to be about the treatment of Medina Spirit's skin rash with Otomax. We will have nothing further to say until the additional testing is complete.”
As of the deadline for this story, the Kentucky Racing Commission had yet to make any statements regarding Medina Spirit and the Betamethasone positive and neither had it confirmed that Medina Spirit has failed any drug tests. However, Churchill Downs took action of its own Wednesday, suspending the trainer until the conclusion of the spring meet in 2023. If Baffert cannot compete in the 2022 and 2023 Kentucky Derby many prominent owners may choose to give their horses to other trainers.
Churchill issued a statement Wednesday, which read, in part: “The suspension prohibits Baffert, or any trainer directly or indirectly employed by Bob Baffert Racing Stables, from entering horses in races or applying for stall occupancy at all CDI-owned racetracks. This decision follows the confirmation by attorneys representing Bob Baffert of the presence of betamethasone, a prohibited race-day substance, in Medina Spirit's bloodstream on the day of the 147th running of the Kentucky Derby in violation of the Commonwealth of Kentucky's equine medication protocols and CDI's terms and conditions for racing.”
Churchill Downs CEO Bill Carstanjen made it clear that the company has no tolerance for anybody whose action might compromise the integrity of the sport.
“CDI has consistently advocated for strict medication regulations so that we can confidently ensure that horses are fit to race and the races are conducted fairly,” Carstanjen said. “Reckless practices and substance violations that jeopardize the safety of our equine and human athletes or compromise the integrity of our sport are not acceptable and as a company we must take measures to demonstrate that they will not be tolerated. Mr. Baffert's record of testing failures threatens public confidence in thoroughbred racing and the reputation of the Kentucky Derby. Given these repeated failures over the last year, including the increasingly extraordinary explanations, we firmly believe that asserting our rights to impose these measures is our duty and responsibility.”
CDI said that it was reserving the right to extend Baffert's suspension if there are additional violations in any racing jurisdiction.
NYRA suspended Baffert for an undetermined period starting May 17 and they announced that the ban would stay in place until further notice.
“On May 17, the New York Racing Association, Inc. announced the temporary suspension of Bob Baffert from entering horses in races and occupying stall space at Belmont Park, Saratoga Race Course and Aqueduct Racetrack,” NYRA spokesman Pat McKenna said. “That suspension remains in effect and NYRA will make a determination regarding the length and terms of Mr. Baffert's suspension at the appropriate time and based on information generated by the ongoing investigation in Kentucky.”
After the news broke that the horse had tested positive following the Derby, trainer Bob Baffert and owner Amr Zedan requested that a second sample be sent to a laboratory, hoping that it would not show any traces of the prohibited medication.
If Medina Spirit is disqualified, the official winner of the Derby will be Mandaloun (Into Mischief). In 1968, Dancer's Image was disqualified from the Kentucky Derby after tests revealed the presence of phenylbutazone in his system and Forward Pass was declared the winner.
Once the racing commission makes it official that Medina Spirit has failed both tests, a hearing will be held before Churchill Downs stewards. If they decide that Medina Spirit must be disqualified then the Baffert team will have the option of appealing the case to the Kentucky Racing Commission. Should it decide to uphold the disqualification and penalties given to Baffert by the stewards, the next move from the Baffert team would likely be to appeal to the courts and to seek a stay pending the outcome of the case.
It took four years for the Dancer's Image case to work its way through the court system. He was not officially disqualified until 1972.
Baffert did not respond to a text from the TDN. When reached by phone, Zedan said he had no comment and referred questions to his attorney, Clark Brewster.
Brewster said he was confident that the original results of the Kentucky Derby would hold up and that Baffert would be exonerated. Baffert has said that Medina Spirit was treated with Otomax, an ointment that contains betamethasone and is used to treat dermatitis. For that reason, Brewster will make the case that the drug positive was nothing more than a case of inadvertent contamination. He said that the Medina Spirit team will request additional tests in an effort to prove that Medina Spirit was in fact treated with Otomax, which would indicate, he said, that the horse was not injected with the medication and that there were no attempts to use the medication as a performance-enhancer.
“Bob Baffert wins the Derby and within days is pilloried. People are on social media saying he is a cheat,” Brewster said. “The upshot of this is that they all believe this was an injectable into the joint and he's trying to get a horse in that might have some joint issues or pain. That's nonsense. If it can be proven that it simply was salve for eczema and used on a portion of his hip, which I think we can document…And it's not just Bob saying that, it would be proven scientifically. Reasonable people with some of facts will reach the same conclusion. The Horse Racing Integrity act? I love it. Let's make the rules uniform for everybody. But if you reject the science and use Draconian decision making, then it's bad for everybody. It's like rejecting climate change. When you are at a picogram level you have to use common sense and when you show the method of how it got into the horses's system, that is relevant and important for any decision making. I am very confident that reasonable people with the same facts will reach a reasonable conclusion, which means victory for Bob.”
PETA issued a statement Tuesday in which it called for Baffert to be permanently banned from the sport.
“Bettors who've been cheated by putting money down on the rigged Kentucky Derby may contact PETA or attorneys who are filing class-action lawsuits, but the other victim here is Medina Spirit,” said PETA Senior Vice President Kathy Guillermo. “He should be thoroughly examined by independent veterinarians to find out why he was administered a powerful medication and whether it was through injections to his joints rather than with a topical cream. The racing industry must at last stop buying Baffert's nonsensical excuses and kick him out for good.”
The Animal Wellness Action called for Churchill Downs to permanently ban Baffert from participating in the Derby.
Though the Kentucky Racing Commission has yet to take any official action against Baffert, he has been banned indefinitely by Churchill Downs and the New York Racing Association. The Stronach Group, which operates Santa Anita, Baffert's home track, has not taken any action against him, but may have been waiting for the split sample to come back. Should he be suspended by the Kentucky Racing Commission, all other state racing commissions will have to honor that suspension.
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