Churchill Bans Baffert After Split Sample Confirmation

Churchill Downs Incorporated has suspended Hall of Fame trainer Bob Baffert for two years—through the conclusion of the 2023 spring meet at Churchill Downs—the Louisville, Ky.-based company announced June 2.

The suspension comes in the wake of news of a failed secondary test on the Baffert-trained Kentucky Derby Presented by Woodford Reserve (G1) winner Medina Spirit , who tested positive for the corticosteroid betamethasone, a therapeutic medication prohibited on race day in Kentucky. The split sample ordered by Baffert confirmed the positive, attorneys representing Baffert and owner Amr Zedan of Zedan Racing Stables confirmed Wednesday morning. 

The New York Times first reported news of the split sample result Wednesday, which BloodHorse confirmed with Baffert's attorney, W. Craig Robertson III.

In announcing its ban, CDI questioned Baffert's recent record which includes five of his horses failing drug tests since May 2, 2020.

"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," said Bill Carstanjen, CEO of CDI. "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."

The suspension by CDI 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. CDI also reserves the right to extend Baffert's suspension if there are additional violations in any racing jurisdiction. The company had already had temporarily suspended Baffert from entering horses at Churchill Downs, an announcement they made May 9, the day Baffert released news of the initial failed drug test.

Other tracks can make their own decisions on whether or not to allow horses trained by Baffert to run. The New York Racing Association announced May 17 a temporary suspension of Baffert from its tracks and reiterated Wednesday it had yet to determine the length or terms of the ban.

"On May 17, (NYRA) 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. 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," said NYRA spokesperson Pat McKenna.

Suspensions made by regulators are recognized by all regulators throughout the country, but the Kentucky Horse Racing Commission said Wednesday that it's still investigating the case.

Betamethasone is a Class C drug that is allowed in Kentucky as a therapeutic under strict rules. It typically is injected into joints as an anti-inflammatory measure. However, Kentucky rules call for at least a 14-day withdrawal time to ensure the corticosteroid is out of the horse's system on race day. Any level of detection on race day is a violation of Kentucky's equine medication protocols and CDI's terms and conditions for racing. Recommended sanctions include disqualification of the horse.

Baffert maintains Medina Spirit was treated for dermatitis with the topical ointment Otomax and was not injected with betamethasone. While betamethasone is not allowed at any level in a horse's system on race day, the source could be a mitigating factor in any decision on sanctions made by Kentucky stewards or the KHRC.

The initial post-race test conducted by Industrial Laboratories for the KHRC revealed that Medina Spirit was positive for 21 picograms of betamethasone per milliliter of blood or plasma. The second test revealed 25 picograms of betamethasone per milliliter of blood or plasma, Robertson said in a Wednesday statement.

"In response to the inquiries, this will acknowledge that the Medina Spirit split sample confirmed the finding of betamethasone at 25 picograms," Robertson said via email Wednesday morning. "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."

Attorney Clark Brewster—who represents owner Amr Zedan—told the Times that the laboratory at the University of California, Davis conducted testing on the split sample. Brewster did not return multiple calls from BloodHorse seeking comment Wednesday.

In a text message, Brewster told the Times that the laboratory did not test the blood or urine samples for the presence of other compounds, "which could prove the trace positive came from an inadvertent and materially inconsequential contamination sourced from a topical ointment used to treat Medina Spirit for a skin lesion on his hip." The Times report said the original sample will be used for those purposes.

The KHRC has the sole authority to disqualify Medina Spirt as the winner of Kentucky Derby 147, and is pursuing the completion of its investigation of the matter in accordance with its rules and regulations. Following Wednesday's confirmation of the failed test, the stewards will schedule a hearing at which attorneys will be permitted to present information connected to the case. Chief state steward Barbara Borden could not immediately be reached for comment regarding the likely timeframe for scheduling of that hearing.

Because the split sample confirms that betamethasone was in the horse's system on race day, a violation of the rules occurred. But the colt's connections hope mitigating circumstances are considered in terms of sanctions, as they believe further testing will show the Otomax as the source of the betamethasone.

"At the end of the day, we anticipate this case to be about the treatment of Medina Spirit's skin rash with Otomax," Robertson said. "We will have nothing further to say until the additional testing is complete." 

Racing regulations in the United States hold trainers responsible for the condition of their horse under the "absolute insurer" rule, although mitigating circumstances may be considered by stewards in many states. 

In an email, KHRC spokeswoman Sherelle Roberts declined to comment on the results of the split sample because the investigation continues.

"The KHRC does not provide comment or updates on the status of ongoing investigations," she said. "The KHRC values fairness and transparency and will provide information to the media and public at the close of an investigation."

Should the stewards disqualify Medina Spirit from his Kentucky Derby victory, Juddmonte homebred Mandaloun , who reached the wire second, would be elevated to victory for trainer Brad Cox, with third-place Hot Rod Charlie  moved to second. Essential Quality , also trained by Cox, would be moved up from fourth to third.

"I don't feel like I won a race, I can tell you that," Cox said Wednesday morning. "I'll accept the trophy and the money but it certainly doesn't feel like you won a race. It's not how you want to win a race. I'm proud of both horses, but at the end of the day, it's not how you want to win a race.

"Hopefully, some good comes out of this, and we don't ever have to do this again. It's not good for the sport. Maybe there's something we can learn from this such as pre-race testing instead of post-race testing for a race of this magnitude."

Medina Spirit would become just the second horse in 147 editions of the Kentucky Derby to be disqualified for a drug positive. The first was Dancer's Image, who was disqualified from his 1968 victory after testing positive for the prohibited anti-inflammatory medication phenylbutazone.

Baffert, who holds the record for Kentucky Derby wins by a trainer with seven, counting Medina Spirit, has been permitted to continue racing at his home base of Santa Anita Park, which is owned and operated by The Stronach Group.

The Stronach Group also owns Pimlico Race Course, where Baffert was permitted to run four horses on the May 14-15 Preakness Stakes weekend cards at the Maryland track. Those horses included Medina Spirit and Concert Tour , who ran third and ninth in the Preakness Stakes (G1); Beautiful Gift , who finished seventh in the George E. Mitchell Black-Eyed Susan Stakes (G2); and Hozier , second in the black-type Sir Barton Stakes. The three horses entered in graded races were permitted to run after undergoing pre-race testing that was outlined in an agreement formed between the track and Baffert. 

Multiple grade 1 winner Gamine  also tested positive for betamethasone in Kentucky last year, following her third-place finish in the Longines Kentucky Oaks (G1). An attorney for Baffert said the filly received betamethasone 18 days before the Oaks. She was disqualified and placed last, and Baffert was levied a $1,500 fine.

In cases Baffert believes were caused by contamination last year, Charlatan  and Gamine both tested positive for lidocaine after running May 2, 2020, at Oaklawn Park. Charlatan won a division of the Arkansas Derby (G1) while Gamine won an allowance-level race. Initially, Baffert was suspended for 15 days and both horses were disqualified, but the Arkansas Racing Commission rescinded that decision, upholding the rulings but modifying the penalties. Baffert was given a pair of $5,000 fines for each infraction.

At Del Mar, Merneith  tested positive for dextrorphan after she ran second in an allowance-level event July 25. Baffert was fined $2,500. 

In 2018 the California Horse Racing Board did not move forward on post-race positives for scopolamine in Baffert-trained Santa Anita Derby (G1) winner Justify   and Tokyo City Cup Stakes (G3) winner Hoppertunity   following a recommendation from its equine medical director, Dr. Rick Arthur, and executive director, Rick Baedeker, based on their determination that the lab finding resulted from environmental contamination linked to jimson weed in Justify's feed. 

In December, California stewards reconsidered the evidence but opted to dismiss complaints against both horses.

Horsemen's groups have raised concerns about the low level of testing for substances and the heightened concerns about environmental contamination when testing to those precise levels. State regulators have, at times, recognized such issues by modifying sanctions or completely tossing post-race test findings. Horsemen's groups also have questioned the science behind developing the thresholds and withdrawal times—including the process in developing the betamethasone standard. The Racing Medication and Testing Consortium, the industry group that has helped shape medication standards, has vigorously defended the process.

In November 2020, Baffert announced plans to increase scrutiny and security measures around his barns. 

"Given what has transpired this year, I intend to do everything possible to ensure I receive no further medication complaints," he said in a release.