But Howard provided some potentially interesting testimony along these lines when he said pre-race testing found no betamethasone in the horse's system. 25, 2020, only two horses had tested positive for the corticosteroid and both were trained by Baffert: Gamine and Medina Spirit.Īs the KHRC largely has taken the position that the route of administration of the betamethasone is not important, it has not spent much time challenging the appellants' position that the Medina Spirit positive was caused by an application of the topical ointment Otomax. In taking testimony from Borden, Wolsing at one point presented results of a review of positives for betamethasone that noted that since Aug. As Brewster further asked for a specific rule in Kentucky and Howard provided similar answers, Patrick stepped in to note that he understood Brewster's point. He said the rule is in line with guidance from the industry's Racing Medication and Testing Consortium and the model rules of the Association of Racing Commissioners International.īrewster demanded that Howard show him the specific rule in Kentucky, and Howard repeated his answer referring to the ARCI and RMTC as well as the rules for being at detection level when thresholds are not listed. Later in the day under questioning from Brewster, Kentucky equine medical director Bruce Howard said that substances in the Kentucky rules that do not list a threshold are not allowed at any level in the horse on race day. Gamine wins the 2020 Longines Test Stakes at Saratoga Race Course "That was probably the one that guided us the most," Borden said. Borden noted that most prominent of those previous positives was a betamethasone finding for Baffert-trained Gamine following the Longines Kentucky Oaks (G1) in September 2020. Borden said the stewards considered both mitigating and aggravating circumstances in reaching it.įoremost of those aggravating circumstances were sanctions following failed tests of two Baffert horses in Arkansas and one in Kentucky during the year before the 2021 Derby. Like many states, Kentucky rules outline policies but also offer guidance on therapeutic administrations for horsemen to allow them to avoid failed tests.Įarlier in the day, Borden was questioned by Wolsing, who asked questions that took a step-by-step look at how the stewards settled on their decision and sanctions. Borden acknowledged that, but again noted that betamethasone is listed as a Class C substance that cannot be found in a horse's system on race day. Betamethasone is a recognized therapeutic and would be allowed in an out-of-competition test, as those are not conducted on race day.īorden emphasized that on race day, betamethasone is not allowed in the horse's system, again citing the classification schedule.īrewster also asked Borden about some medications in the Kentucky rules that offer different guidance based on method of administration.
That resulted in the aforementioned exchange of Borden repeatedly noting that those are the standards for out-of-competition testing, which focus on finding substances that are not ever allowed in the horse. She cited the state's classification schedule that lists betamethasone as a Class C violation.Įarlier in the testimony, Brewster read a long portion of Kentucky's out-of-competition rules that note that betamethasone is allowed in a horse's system. Borden said that on race day, betamethasone becomes a prohibited substance as it is not allowed in the horse at any level.
In questions directed to Borden, Brewster asked her about a line in the rules that he argued suggests that therapeutic medications such as the topical ointment Otomax are allowed to be used as they are therapeutics and not prohibited substances, which he defined as substances that are not allowed in a horse. Any further appeals would be conducted in court. The KHRC can then consider that decision and whether to accept it. Borden said in reaching their decision the stewards considered mitigating and aggravating circumstances.Īfter the hearing concludes, it's expected that Patrick will take some time before issuing a decision. by answering questions from KHRC general counsel Jennifer Wolsing, who in that line of inquiry worked to establish that the stewards applied the rules fairly in making their decision on Medina Spirit. Medina Spirit wins the 2021 Kentucky Derby and is later disqualifiedīorden began the day at 9 a.m.
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