Medina Spirit and Concert Tour can race in the May 15 Preakness Stakes (G1) at Pimlico Race Course after trainer Bob Baffert consented to the blood testing, monitoring, and medical review of his horses by the Maryland Jockey Club.
The move comes in the aftermath of a May 9 announcement that Medina Spirit tested positive for the corticosteroid betamethasone and faces possible disqualification from a victory in the May 1 Kentucky Derby Presented by Woodford Reserve (G1) at Churchill Downs.
Craig Robertson, counsel for Baffert, distributed a letter to media outlets addressed to attorney Alan Rifkin, whose firm represents the MJC, outlining the agreement. Baffert's consent also allows Beautiful Gift to compete in the May 14 George E. Mitchell Black-Eyed Susan Stakes (G2).
Following that initial positive test, with a split sample result still to come in the weeks ahead, Baffert was suspended by Churchill from entering any horses at the Louisville track, pending the conclusion of an investigation by the Kentucky Horse Racing Commission.
The Stronach Group, which owns and operates Maryland Jockey Club tracks Pimlico and Laurel Park in the state, also issued a response, saying it would review relevant facts and information and consult the Maryland Racing Commission before making a decision on the entry of Baffert trainees. It delayed entries this week.
Robertson was prepared to take legal action if the MJC had denied the trainer's entry.
The letter notes that the horses were tested upon arrival at Pimlico, and if any of the three horses test positive for a banned substance or above a designated limit for a medication, the horse will be scratched. In a release that followed Robertson's announcement, TSG pledged the Baffert horses would be allowed to compete after following rigorous conditions to entry, along with a binding commitment from Bob Baffert to full transparency of medical and testing results that will allow for all results to be released to the public.
"Integrity, accountability, and safety in our sport are principles that 1/ST RACING (TSG) puts above all else. Our company has a track record of instituting process and protocols that have led to nationwide medication reforms and we are unwavering in our commitment to put horse and rider safety at the forefront," said Craig Fravel, CEO of 1/ST RACING, a division of TSG. "We are well aware of the public outcry and calls for action that have been the natural outcome of a medication positive in one of the most iconic races in our sport and we share the disappointment and concern.
"We are required to acknowledge in this instance that fundamental fairness compels us to respect the individual rights of participants in our sport to due process and adherence to agreed-upon and well-established rules. To this point, there has to our knowledge been no split sample testing as is required in every state in this country and no complaint or other official action has been announced by the Kentucky Horse Racing Commission with regard to this incident. While the integrity of our sport is of utmost importance it is the responsibility of those in authority to follow the rules even as we seek to enforce them. We cannot make things up as we go along and we trust that the competitors, bettors, and fans will understand the importance of adhering to that principle."
The ongoing Pimlico meet operates under veterinary testing protocols established and overseen by the Maryland Racing Commission's equine medical director, Dr. Elizabeth Daniel. These protocols include horses on May 14-15 being subject to TCO2 testing, and out-of-competition testing can be administered at any time prior to and on race day.
A field of 10 was entered for the Preakness, with Medina Spirit favored at 9-5 and Concert Tour the 5-2 second favorite.
This story will be updated.