Baffert Suspended, Horses DQ'd After Drug Positives

Oaklawn Park stewards announced a 15-day suspension for trainer Bob Baffert after two of his standout horses failed post-race drug tests May 2 at the Hot Springs, Ark., track.

Following a July 13 hearing, the stewards forwarded decisions, dated July 14 and announced July 15, calling for a 15-day suspension of Baffert beginning Aug. 1, and the disqualification of both Charlatan, who won a division of the Arkansas Derby (G1) that day, and Gamine, a filly who won an allowance-level race on the same card and later won the Longines Acorn Stakes (G1) at Belmont Park in record time.

The decision calls for purse money to be redistributed and elevating the finishing positions of those horses who ran behind them.

The stewards reported that Charlatan and Gamine each tested positive for the local anesthetic lidocaine, specifically 3-hydroxylidocaine.

When the split samples for both post-race tests came back positive July 6, an attorney for the Hall of Fame trainer attributed the positives to environmental contamination. Baffert and his attorney, W. Craig Robertson III, did not immediately respond to messages seeking comment.

Bernie Hettel, state steward at Oaklawn, said Wednesday that Baffert's lawyer stated during the hearing his intention to appeal any ruling on the two positives.

An appeal would go before the Arkansas Racing Commission, whereby commissioners would consider the evidence and case and then issue a determination, Hettel said.

An appeal of the commission's decision would proceed in civil court, Hettel added.

Lidocaine is a recognized therapeutic in the racing environment that carries a withdrawal guideline of 72 hours before a race to ensure it doesn't impact racing or endanger the horse. Guidelines for the lidocaine threshold—the permitted level on race day—in Arkansas match the guidance provided by the Racing Medication and Testing Consortium: 20 picograms per milliliter in plasma or serum. 

In the post-race tests, Gamine tested at 185 picograms and Charlatan at 46 picograms. While Gamine was more than nine times above the threshold and Charlatan was more than twice that threshold, Robertson noted that the sport is testing at very small levels. He said the positives were caused by contamination.

Though lidocaine is used in racing, Robertson said July 6 that neither horse was administered the local anesthetic. He said both positives were caused by contamination from an employee who was wearing a Salonpas patch, which applies topical medication for pain. 

"Even though lidocaine is a lawful, widely available therapeutic medication, it was never intentionally administered to either Gamine or Charlatan. When test results indicated that trace amounts of lidocaine were found in both horses after their respective races on May 2, Bob Baffert and his team were shocked. Leading up to May 2, both horses were healthy and worked hard to earn their victories that day," Robertson said. "After investigation, it is our belief that both Gamine and Charlatan were unknowingly and innocently exposed to lidocaine by one of Bob's employees.  

"The employee previously broke his pelvis and had been suffering from back pain over the two days leading up to May 2. As a result, he wore a Salonpas patch on his back that he personally applied. That brand of patch contains small amounts of lidocaine. It is believed that lidocaine from that patch was innocently transferred from the employee's hands to the horses through the application of tongue ties by the employee that was handling both horses leading up to May 2."

Although not specifically named in the statement, Baffert assistant Jimmy Barnes broke his pelvis in 2017. Barnes was at Oaklawn Park May 2.

Under the Association of Racing Commissioners International's Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule, lidocaine is a Class 2 violation calling for a Class B penalty—both second-highest on the scales. If the regulator determines a violation, the guidelines call for a trainer suspension of at least 15 days and a fine of at least $500. Under the guidelines, the horse owners would face disqualification of their horses and loss of purse money.

The Arkansas Derby would have been the first stakes win for Charlatan, a son of Speightstown  who has raced for SF Racing, Starlight Racing, Madaket Stables, Stonestreet Stables, Fred Hertrich III, John Fielding, and Golconda Stables. Gamine, a daughter of Into Mischief , is campaigned by Michael Lund Petersen. 

In the days after the Arkansas Derby, Hill 'n' Dale Farms secured the breeding rights to Charlatan.

The Arkansas Derby is a points race on the Road to the Kentucky Derby, which is used to determine the field should more than 20 horses be entered. Churchill Downs recognizes disqualifications as they are reported by Equibase, which updates its information when a state regulator forwards papers on a disqualification. When such a disqualification occurs, Churchill updates its point standings—removing points from the disqualified horse and redistributing those points to the runners who are moved up.

Charlatan is currently sidelined while recovering from minor ankle surgery and is targeting a fall return. He is not expected to be ready for a race until after the Sept. 5 Kentucky Derby Presented by Woodford Reserve (G1).

Jackpot Farm's Basin, trained by Steve Asmussen, crossed the wire six lengths behind Charlatan in the Arkansas Derby and has now been proclaimed the winner by the Arkansas ruling. He originally earned $100,000 for finishing second but now has been awarded first prize of $300,000 under the redistributed purse.

Pari-mutuel wagering is not affected by disqualifications from post-race test results.

Byron King contributed to this story.