Feb 212022
 

Bloodhorse – Crosby – KHRC Denies Stay of Baffert, Medina Spirit Rulings

Bloodhorse – Eric Mitchell – Medina Spirit to be Buried at Old Friends

Bloodhorse – Angst – CHRB Review Finds No Violations in Medina Spirit Death

“Medina is a horse that I will forever cherish. I don’t mean to sound sentimental but I get emotional every time I watch the race–I had to stop watching the race. We came into the [Derby] not expecting a whole lot, we were 12/1. I still have a text message from Bob saying ‘there’s speed down the outside, we have a chance.’ And we won.”

Zedan’s loyalty to Baffert is clear. He opened the press conference by declaring him to be “the best trainer in the world in my view” and he added, “I believe in due process and I believe that there is an unjust and uncalled-for witch hunt on Bob Baffert.

“Where we are right now is that we are going through the full due process. We have filed for a stay, we have filed for an appeal in front of the Kentucky Horse Racing Commission, and I have the highest respect for all and I understand, and I believe that once our case is objectively considered we will prevail.”

TDN – Emma Berry – In Saudi With Country Grammer, Zedan Discusses Medina Spirit

2021 Kentucky Derby

Moose Jaw -Today – AP – Graves – Medina Spirit stripped of Kentucky Derby victory

This Mess We’re In

TDN – Equine Law Expert Bob Heleringer Talks Medina Spirit Ruling On Writers’ Room

Bob Heleringer Joins the TDN Writers’ Room – Episode 125

Horse Racing Nation – What they said: Full text of Medina Spirit ruling, responses

Horse Racing Nation – Stahl – Medina Spirit is DQ’d from 2021 Kentucky Derby

TDN – Medina Spirit DQd From Derby, 90-Day Suspension for Baffert

Bloodhorse – Angst and King – Medina Spirit Disqualified From 2021 Kentucky Derby Win

Paulick Report – Medina Spirit Disqualified From 2021 Kentucky Derby Win, Baffert Given 90-Day Suspension

Paulick Report – Letter To The Editor: Hall Of Fame Jockey Walter Blum ‘Disillusioned’ By Drug Scandals, Repeat Offenders

Phil’s certain that Baffert’s phalanx of attorneys have the appeals ready for filing.

Just think; we get free front row seats to litigation that could affect not only drug testing in the thoroughbred industry but drug testing in human athletes and how rules must be written.

The United States is a nation of laws: badly written and randomly enforced.

Frank Zappa

A few years back the absolute brutal incompetence of Horse Racing Alberta in failing to have proper rules was exposed in Hennessy v. Horse Racing Alberta, 2006 ABQB 903:

[27} Horse Racing Alberta has never made rules to allow for the admissibility of such a certificate if certain prerequisites were met. Once again, this would be entirely permissible under the governing statute. It would be a simple task for Horse Racing Alberta to set out certain preconditions that would render such a certificate admissible at any disciplinary hearing governed by the Act. This would certainly be preferable to the situation of absolute discretion given to the Appeals Tribunal to accept or reject such certificate evidence. Procedural fairness calls for the implementation of such a precondition to admissibility when hearsay evidence is permitted to prove the existence of a disputed fact.

[28]            In this case, Mr. Hennessy has been denied procedural fairness and fundamental justice. Unchallengeable hearsay evidence was admitted in his disciplinary hearing. The admissibility of the Certificate of Positive Analysis shifted the onus to Mr. Hennessy to prove his innocence. The destruction of the split sample made any additional testing that may have assisted him impossible. In the end, he suffered significant punishment without being able to make full answer and defence. Because of the penal consequences this Charter value must be given adequate recognition. It was not. The decision of the Appeals Tribunal cannot stand. It is quashed.

Phil has a question:

With the QKB no longer at Horse Racing Alberta to pull the puppet strings how does the Undertaker scurry down the halls to rat on Phil.

Stay tuned.

Horse Racing Nation – Flatter – Attorney: Baffert is ‘very upset’ with DQ of Medina Spirit

Unless regulators draft and apply Rules of Racing that reflect the practical realities of caring for horses and the irrelevance of trace levels of permitted therapeutic medications, this sport will continue to suffer. Until then, Bob will continue doing the one thing that sets him apart from the KHRC, Churchill Downs, and NYRA: fighting for an honest, fair and transparent application of the rules for all the incredibly hardworking horsemen and horsewomen dedicated to our sport.

Paulick Report – Baffert Attorney Slams ‘Egregious’ Medina Spirit Ruling, Vows Appeal

Phil has a question:

Is Bob nominated for the Nobel Peace Prize.

Stewards and Commissions Rulings:

Kentucky

Track: Turfway Park
Date: 02/21/2022
Licensee: Bob Baffert, trainer
Penalty: $7,500 fine and 90-day suspension
Violation: Medication violation
Explainer: Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at University of California, Davis (Laboratory No: 210525-424136), sample number E427258 taken from Medina Spirit, who finished first in the 12th race at Churchill Downs on May 1, 2021, contained betamethasone in blood (Class C drug) (fourth medication violation in 365 days in any racing jurisdiction). After a formal hearing before the Board of Stewards Robert A. Baffert is hereby suspended 90 days, Mar. 8, 2022 through June 5, 2022 (inclusive) and fined seven thousand five hundred ($7,500) dollars. Medina Spirit is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. During his suspension Mr. Baffert is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission. Entry of all horses owned or trained by Mr. Baffert is denied pending transfer to persons acceptable to the stewards. Upon receipt of this ruling, it is required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject the licensee to summary suspension of license pursuant to 810 KAR 3:020 Section 15 (cc).

Track: Turfway Park
Date: 02/21/2022
Licensee: Amr Zedan, owner
Penalty: Disqualification and purse money forfeiture
Violation: Medication violation
Explainer: Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at University of California, Davis (Laboratory No: 210525-424136), sample number E427258 taken from Medina Spirit, who finished first in the 12th race at Churchill Downs on May 19 2021, contained betamethasone in blood (Class C drug). Amr F. Zedan was present at a formal hearing before the Board of Stewards. MEDINA SPIRIT is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. All purse monies must be returned to the association. The purse of this race is ordered redistributed.

This ruling is pending appeal, more about which can be read here.

Bloodhorse – Lawsuit Refiled by Bettors After Derby Ruling

Horse Racing Nation – Flatter – Cox is introspective about Mandaloun’s 2021 Derby victory

Medical News Today – Caporuscio – What to know about betamethasone

Drugs.com – Betamethasone (injection)

Horse Racing Nation – Greer – How Baffert’s Kentucky Derby dispute affects the leaderboard

Horse Racing Nation – Ryan – Baffert’s Derby owners: No word on when horses may be moved

Phil has a question:

Is the question when or if.

TDN – Thornton – Baffert, Horseplayers Spar Anew in Class-Action Derby Suit

Paulick Report – Voss – Hope, Frustration, And A Love Of The Horse: Next Generation Of Racing’s Leaders Look To The Future

Paulick Report – Elizabeth Martiniak – Letter To The Editor: ‘What Has Happened To My Favorite Sport?’

Bloodhorse – CDI to Acquire Colonial Downs, Casinos in $2.4B Deal

TDN – Pat Cummings – Letter to the Editor: Concerns About HISA


Phil M Stockmen

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