Attorney: Trainer Joseph Cleared in KHRC Investigation

Trainer Saffie Joseph Jr. has not been found in violation of any rules following a Kentucky Horse Racing Commission investigation after two of his horses collapsed and died following races at Churchill Downs this spring, his attorney said June 30.

Necropsies into the deaths of the two horses did not find any conclusive causes, according to mortality reviews published on the KHRC website. The causes of sudden deaths—non-catastrophic musculoskeletal injuries that occur during or within two hours of exercise—are often difficult to determine. Sudden deaths are infrequent, and it is rarer still for a single trainer to experience two in a week.

In the days after the second sudden death, Kentucky stewards scratched the Joseph-trained longshot Lord Miles  from the May 6 Kentucky Derby (G1) at Churchill Downs and other horses entered at Churchill by the trainer, the KHRC launched its investigation, and Churchill Downs Inc. indefinitely suspended him from racing at its tracks.

The deaths of the two Joseph horses, Parents Pride and Chasing Artie, were two of ultimately a dozen equine fatalities that occurred at Churchill Downs during its spring meet and in the days leading up to it. The spring meet was moved to Ellis Park in early June in a decision Churchill Downs said in a release was made in alignment with a recommendation from the Horseracing Integrity and Safety Authority.

Of the equine fatalities involving a number of trainers, one came during training, another from a paddock accident, two from sudden deaths, and eight from musculoskeletal injuries. Some occurred on the main track, and others on the turf course—including both Joseph trainees on the latter.

"Obviously, when the KHRC decided that they wanted to conduct an investigation, that somewhat put a black cloud over him," said Joseph's attorney, Craig Robertson. "We fully cooperated with that investigation. We stayed in constant contact with the KHRC, provided them every single document that they requested, and responded to every inquiry or question they asked."

He added, "Mr. Joseph is happy and relieved—he feels like he's been exonerated from any wrongdoing."

At the time of the scratches, the KHRC issued a joint statement from Ray Perry, Kentucky secretary of the Public Protection Cabinet, and Jonathan Rabinowitz, KHRC chair, saying they fully supported the stewards' action "to ensure the safety of our equine and human athletes while an investigation is ongoing into the unusual circumstances surrounding these tragic fatalities."

Robertson declined to comment on Joseph's status with CDI following the latest findings, having represented CDI in other legal matters. He does not represent Joseph related to CDI's suspension, he said.

CDI's action against Joseph applies only to tracks owned and managed by the operator.

Tonya Abeln, CDI's vice president of corporate communication, did not respond to multiple requests for comment and to seek information regarding whether CDI's indefinite suspension would continue. 

KHRC executive director Jamie Eads and KHRC spokesperson Kristin Voskuhl also did return emails seeking comment.

In the nearly two months since the two equine deaths, Joseph has continued to race at his primary base at Gulfstream Park, a 1/ST Racing-owned track in South Florida, and the trainer is also racing horses this summer in New York after the New York Racing Association allowed him to participate there. Joseph did not race in New York in the weeks immediately following the two equine deaths at Churchill.

Email records obtained in mid-May by BloodHorse through an open records request to the KHRC indicated that stewards, as part of its investigation, planned to evaluate videos from Keeneland, where Joseph's horses were stabled prior to coming to Churchill Downs. Robertson said he never received access to such videos. 

"We were requesting information as well because we were wanting to try and get to the bottom of what happened just as much as they did," he said. "But the flow of information only went one direction. We gave them everything they wanted; they did not give us anything."

The necropsies of the two Joseph horses, both owned by Ken Ramsey, indicated that tests for prohibited substances and therapeutic medications were negative above "regulatory threshold concentrations," and the veterinary work performed on the two horses in the 60 days before their deaths was "very minimal and routine."

Chasing Artie's toxicology report noted trace levels of two rodenticides, likely from exposure to rat poison. Rat infestation regularly occurs at racetracks due to the presence of feed and other materials. The report said the minute presence of rodenticides was not likely high enough to be a probable cause of sudden death.

Robertson said Joseph's license was never suspended by the KHRC and "he's in good standing everywhere" with regulatory agencies.

"Mr. Joseph is just intent on getting back to doing what he's always done, training horses and properly caring for them," Robertson said.