As Racing Hall of Fame coach Bob Baffert testified on August 22 about the events before and after Medina Spirit tested positive for betamethasone after finishing first in the Kentucky Derby of the year. 2021 presented by Woodford Reserve (G1) — prior to his disqualification from that victory — his attorneys registered regular objections.
Consider the appeal of Baffert, et. al., the manager’s decision in February 2022 to disqualify Medina Spirit and penalize the trainer was largely based on the most basic points — what exactly are the rules in Kentucky regarding betamethasone — reflection. The slow and frequent opposition at Monday’s hearing caused certain amounts of feeling.
Kentucky Horse Racing Commission general counsel Jennifer Wolsing issued an initial opening statement, framing the manager’s decision as a simple case that stemmed from Medina Spirit having a substance in his system. ta – betamethasone – is not allowed on race day.
“After all the testimony has been heard and all the exhibits have been read, and all the science has come out, this is a simple case,” Wolsing said. “Betamethasone, by the committee’s standards, is a Class C drug. The Commission has no regulations that allow betamethasone to exceed the limit of detection in the post-race sample.”
Appellants make the case that Kentucky’s rules are, at best, ambiguous. Attorney Clark Brewster presented their opening statement, arguing that the KHRC rules for betamethasone are the norm only when corticosteroids are administered parenterally. Brewster claims that the failed drug trial after the Derby happened after the use of Otomax, a betamethasone-containing cream that was given to Medina Spirit to treat the rash, rather than an injection.
“Can the law be so vague that you can apply the elements you want to them to incriminate the person you want to accuse but let the other person go?” Brewster asked in his opening statement before later adding, “With topical drugs, there is no downtime, no concentration limit. There is no apparent limit of detection…”
(LR): Amr Zedan and Bob Baffert before the 2021 Kentucky Derby at Churchill Downs
Wolsing said management’s sanctions against Baffert following the failed post-Derby test were appropriate for a repeat violator. She cites two positive results for lidocaine in Arkansas—Quack after winning a division in the Arkansas Derby (G1) and Gamine after winning an allowance race — May 2, 2020, in which Baffert was fined $5,000 for each violation; as well as betamethasone positive for Gamine after she finished third in the Longines Kentucky Oaks (G1) on September 4, 2020 for which Baffert was fined $1,500.
Wolsing said that Kentucky’s rules give guidance on sanctions by up to three in a year and said that Baffert was “off the charts” by four. She said management then examined the increase in fines and suspension days for each violation and imposed Medina Spirit sanctions as a fourth violation in a period of time. five.
In the Arkansas cases, both horses were initially disqualified, but in an appeal the racing commission restored those wins, but upheld the fine against Baffert for both cases because it determines the lidocaine present in the horse’s system on race day and the trainer is responsible for the condition of the horse on race day. Baffert admitted on Monday that he had paid both fines.
In the Gamine-Kentucky Oaks findings, Baffert said Monday that his veterinarian administered betamethasone to Gamine 18 days before the race — in addition to the recommended 14-day recall period. But Wolsing notes that such guidance is based on specific dosages, and in this case, she notes that discontinuation refers to a single injection. Baffert admitted Monday that Gamine was injected into both rounds after 18 days.
In the case of Medina Spirit, Wolsing points to the rule book banning betamethasone. Those rules don’t differentiate based on how corticosteroids are used, she said. Baffert said he understands that Kentucky also requires the trainer to be ultimately responsible for the condition of the horse on race day.
Brewster said the Kentucky rules take a stance on defining substances that are outright banned for horses and the therapeutic drugs that are allowed. He notes that therapeutic drugs can be divided into two groups, those that allow some level of control on race day (a threshold) and those that are not allowed at all.
Brewster noted that in the weeks leading up to Gamine’s positivity, the KHRC lowered the betamethasone threshold from 10 picograms per milliliter to zero tolerance – meaning any findings were positive. Interestingly, both Gamine and Medina Spirit tested at more than double the threshold.
In making his argument, Brewster pointed to a rule about topical treatments that, he said, allowed their use unless they contained substances that were on a completely banned list. Wolsing, in his statement, said Kentucky had enforced the rule for betamethasone, regardless of the administration.
Those rules, and the interpretation of the hearing officer, are considered important in the case that is scheduled to continue on August 23 at 9 a.m. when the KHRC is expected to call Borden to the stands. . The room is booked through August 25, although the hearing may be shorter than that date or extended. Based on the start of Monday, Monday is more likely to appear.
