HISA Enforcement Recommends No Action in Lukas Classic

Kentucky "stewards had a reasonable basis to find that the horseshoes worn by Hot Rod Charlie  during the 2022 Lukas Classic (G2) did not violate" Horseracing Integrity and Safety Authority rules, the HISA enforcement team wrote in a Feb. 8 recommendation to its board of directors. The enforcement team proposes the board not take any further action related to the disputed outcome of the Oct. 1 race at Churchill Downs.

Bryan Beauman, a member of the HISA enforcement team, wrote that they found "no grounds to believe the stewards' conclusion was clearly erroneous or unsupported by the evidence."

The report was forwarded to BloodHorse by Doug O'Neill, trainer of Hot Rod Charlie, who finished a head in front of Rich Strike , the 2022 Kentucky Derby (G1) winner, in the 1 1/8-mile race.

"I don't really think there is much for me to comment on," O'Neill said. "We ran him the way we were supposed to."

HISA chose not to disclose the report in advance of the board meeting but issued a statement earlier in the day in which it noted that the recommendation was issued. HISA added it would have "no further comment on this matter until the Board of Directors acts upon the recommendation during a regularly scheduled meeting later this month."

The board, scheduled to meet Feb. 22, will evaluate the document, deliberate, and choose to either adopt the recommendation or not, and the board's decision will be the formal ruling in the case, according to HISA.

Hot Rod Charlie, who raced for Roadrunner Racing, Boat Racing, Gainesway Stable, and Strauss Bros Racing before his retirement from racing this winter, earned $305,520 in winning the $498,000 Lukas Classic. Rich Strike earned $99,200 for second in the roughly contested race, in which his jockey ultimately received a 15-day suspension for causing interference.

Rich Strike's connections have contested the Lukas Classic since the days following the 1 1/8-mile race, believing that photos taken from four separate photographs showed Hot Rod Charlie shod with front "toe grabs," a raised rim on the toe area of a horseshoe meant to help the horse gain traction over the track and reduce slipping. Due to potential risk factors for injury, traction devices other than full rims two millimeters or less from the ground are prohibited under HISA regulations. 

According to Hot Rod Charlie's farrier, Dean Balut, in preparation for a start in the Lukas Classic, Hot Rod Charlie's shoes had been ground down to eliminate an existing toe grab to put them in compliance with regard to traction devices as defined in HISA rule 2276. At the time of the incident, supply chain issues delayed the widespread availability of HISA-compliant horseshoes.

Lexington-based attorney Barry Hunter filed a motion that led to the latest HISA enforcement team investigation. Richard Dawson of RED TR-Racing, owner of Rich Strike, told BloodHorse last fall that he felt an investigation by the Kentucky Horse Racing Commission had not been as thorough as needed and that HISA accepted their findings.

According to Beauman, the latest investigation examined video footage of the race from NBC, photographs from numerous photographers, materials from the prior KHRC investigation, physical examination of the horseshoes Hot Rod Charlie wore during the Lukas Classic, motions and exhibits submitted by the connections of Rich Strike, and other materials.

In an interview with BloodHorse Wednesday, Hunter disagreed with the report's conclusion, pointing to pictures of shoes worn by Hot Rod Charlie that were taken off the horse two weeks after the race that are included in the closing pages of the 143-page report's supporting documents. He referenced two photographs that he said indicate Hot Rod Charlie wearing traction devices of around 2-3 millimeters.

"My point is assuming they were in the exact same condition as they were on the race day, it still shows a toe grab," Hunter said.

Dawson released a statement mid-afternoon on Wednesday, saying, "After first read it's apparent to me that the new investigation efforts more or less repeated the KHRC processes in which KHRC primarily based its findings on over the phone testimony and inspection of the shoes supposedly worn by HRC on race day but not collected as evidence for several days after the race.

"The latest investigation gave little, if any, attention and/or credibility to the 100s of race day photos our team provided from numerous photographers that clearly show toe-grab/traction device on (Hot Rod Charlie's) shoes. 

"It's unclear to me if experienced horsemen participated in this latest investigation, or just HISA's law firm. 

"As I have stated previously, the race day photos have been viewed by a large number of horsemen and all, without exception, stated 'those are toe grabs' which as you are aware, are commonly known to increase traction but ruled illegal and prohibited due to increased chances for injury to the horse.

"Our team will huddle up and make a plan should HISA not provide us any relief when they meet later this month." 

In addition to its recommendation to the board related to the Lukas Classic, the HISA enforcement team noted that "the HISA Board may determine that further clarification of Rule 2276 is necessary to prevent future uncertainty in the interpretation of the Rule... The rule prohibits 'traction devices,' which include toe grabs, among other items, but provides no further definition of what is not a traction device, and does not specify how stewards should interpret the rule when a shoe that was originally equipped with a toe grab has had the toe grab removed."