CHRB: Vet's Rash Call Triggered Modern Games Fiasco

A veterinarian's premature recommendation to scratch Modern Games  led to a confusing stewards' decision ahead of the Breeders' Cup Juvenile Turf (G1T) that ultimately would shift the outcome of millions of dollars worth of bets on the Nov. 5 World Championships card at Del Mar.

Modern Games was the 9-5 favorite in wagering pools for the Juvenile Turf when he was scratched after rearing up in the gate. After it was determined that the horse actually had not sustained an injury, he was allowed to run but only for purse money.

When Godolphin's Modern Games delivered a strong stretch run to win the one-mile grass race, he earned the purse for his connections but bettors who had included him in their wagers received no winnings.

California Horse Racing Board executive director Scott Chaney said a veterinarian called the stewards to recommend the scratch even though no on-course exam had yet been conducted when that call was made. Furthermore, the call was made under the false assumption, according to Chaney, that the horse had forcefully broken through the gate.

According to a timeline outlined by Chaney, Modern Games reared up and hit his head on the back of the gate, but it was an assistant starter that opened the gate to allow him to exit. He said after veterinarians learned that the horse had not forcefully broken through the gate and an on-course exam revealed no injury, the stewards allowed him to run for the purse but eliminated him as a wagering consideration.

Chaney said veterinarian Dana Stead was responsible for calling the stewards but did not make the call.

"He is typically the one who calls up (but) today it was Dr. Chuck Jenkins, another regulatory vet on the grounds," Chaney said.

CHRB equine medical director Jeff Blea said that Jenkins was overseeing any incidents on the turf course.

BloodHorse did not have contact information for the veterinarians mentioned by Chaney and could not immediately reach them.

Chaney contended that the protocols of the veterinarian calling stewards to recommend a scratch—giving the stewards the name and number of the horse—were followed.

"In this case that worked, it was just the wrong horse," Chaney said. "The horse was prematurely radioed up to the stewards to be taken out."

Blea confirmed that the call was made without first examining the horse. Blea said the visual of the horse hitting his head and then the incorrect assumption that he had broken through the gate were the reasons they initially recommended Modern Games be scratched. 

Chaney noted there are a lot of veterinarians on the grounds and the communication procedures likely need review. Some of the veterinarians on-site are affiliated with the Breeders' Cup.

"To be fair, there are lots of cooks in the kitchen right now," Chaney said. "I think a possible solution would be to consolidate to one person who can call in a scratch rather than have too many cooks in the kitchen."

Those communication breakdowns would soon impact many. 

Modern Games was the 9-5 favorite in the wagering when he was scratched, meaning bettors had more money on him than any other horse in the field. When he delivered a powerful move in the stretch to win the race by 1 1/2 lengths, boos cascaded from every corner of Del Mar as Tiz the Bomb , who finished second, was considered the winner in terms of betting purposes.

This affected millions of dollars in the many pools offered by Breeders' Cup. Wagers like win, place, and show were refunded (without winnings) and wagers like the double, Pick 3, Pick 4, Pick 5, and Pick 6 that had Modern Games in the Juvenile Turf were not considered fully winning tickets. (Consolations were paid on double and Pick 3 wagers.)

Chaney estimated that Modern Games was scratched from the betting pools for four minutes before veterinarians determined that he had not broken through the gate and had not sustained any injury. After it was determined Modern Games was in good health, the decision was made to allow the colt to race. But because he had been scratched from the pools, the stewards decided to allow him to race for purse money only.

In explaining the stewards' decision to remove Modern Games from the wagering pools, the CHRB cited a 1974 rule on wagering interests that says, "If a horse is removed from the wagering pool due to a totalizator error, or due to any other error, and neither the trainer nor the owner is at fault, the horse shall start in the race as a non-wagering interest for the purse only and shall be disregarded for pari-mutuel purposes."

Chaney said one other option for the stewards would have been to not allow the horse to run at all—a traditional scratch. Asked if they could have made an announcement that the horse had been returned to wagering pools and allowed some time to give bettors a chance to update their bets, Chaney did not deny that was an option but added that with the sun going down in Del Mar it may have been too dark to have any further delay.

According to a CHRB statement, Modern Games reared up and hit the back of the gate, and then Albahr  next to him in post 2, reacted. He flipped over and became lodged underneath the starting gate. The scratch of Albahr was relayed to the stewards and the horse was taken out of the race and wagering pools.

"The veterinary staff then relayed a second scratch, No. 1, Modern Games, based on initial observations to the stewards, who also removed that horse from the wagering pools," Chaney said. "After further discussion and observing No. 1 Modern Games, that horse was declared fit and racing sound. That fact was relayed to the stewards who, pursuant to CHRB rule 1974, allowed the horse to run for purse money only."

Trainer Charlie Appleby said after the race that Albahr appeared to dodge serious injury and had a few scrapes and cuts.

The statement said the CHRB and Breeders' Cup are reviewing the current veterinary and scratching procedures to ensure that this does not occur going forward.