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Team Medina Spirit Goes to Court to Force Alternate

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Team Medina Spirit Goes to Court to Force Alternate WEDNESDAY, JUNE 9, 2021 OBS JUNE SALE STARTS WEDNESDAY TEAM MEDINA SPIRIT GOES by Jessica Martini TO COURT TO FORCE The three-day Ocala Breeders= Sales Company=s June Sale of 2-Year-Olds, which begins Wednesday morning at 10:30 a.m., is ALTERNATE URINE TESTING one of the last stops on a juvenile sales season which has recorded strong demand for horses from its start in Ocala in March, on to Gulfstream Park in Hallandale, back to Ocala in April, and most recently, in Timonium, Maryland. AWe certainly hope that the type of trends we saw in April and in this whole 2-year-old season translate over to June,@ said OBS Director of Sales Tod Wojciechowski. This year=s OBS April sale produced its highest-ever gross, while both the average and median were just off records set in the auction=s pre-pandemic 2019 renewal. Last month=s Fasig- Tipton Midlantic Sale in Maryland posted records for gross, average and median. Cont. p5 Baffert & Zedan | Coady Photo IN TDN EUROPE TODAY BOUGHEY FULL STEAM AHEAD FOR ASCOT by T.D. Thornton Trainer George Boughey has a strong team assembled ahead of The connections of GI Kentucky Derby winner Medina Spirit Royal Ascot. Emma Berry has the details. Click or tap here to go (Protonico) have filed a civil complaint against the Kentucky straight to TDN Europe. Horse Racing Commission (KHRC) in an effort to force the agency to turn over the colt's post-race urine sample so it can be tested in a way that trainer Bob Baffert and owner Zedan Racing Stables, Inc., believe will prove that a betamethasone finding resulted from an ointment to treat a skin condition (Otomax) and not from an intra-articular injection. According to a June 7 filing in Kentucky's Franklin County Circuit Court that seeks an injunction to keep the KHRC from allegedly violating their due process rights, attorneys for both Baffert and Zedan Racing's founder, Amr Zedan, outlined a process by which they made "demands" to the KHRC on how split-sample testing should be conducted to either confirm or deny the initial finding from the commission's lab. The filing contends that the KHRC initially refused the plaintiffs' terms of how and under what circumstances the referee sample would be tested. But then, after the KHRC acquiesced in part to an alternate proposal, the portion of Medina Spirit's biological sample that was to be used for that purpose got damaged in transit and was rendered untestable by the time the package reached the lab. Cont. p3 Get SPEED With CREED. 1:08-FLAT-TYPE SPEED G1 winner CASA CREED crushes in the Jaipur-G1 $10,000 S&N JIMMY CREED Call for late-season deals at PUBLISHER & CEO Sue Morris Finley @suefinley [email protected] SENIOR VICE PRESIDENT Gary King @garykingTDN [email protected] EDITORIAL [email protected] Editor-in-Chief Jessica Martini @JessMartiniTDN Senior Contributing Editor Wednesday, June 9, 2021 Alan Carasso @EquinealTDN Senior Editor Steve Sherack @SteveSherackTDN Racing Editor Brian DiDonato @BDiDonatoTDN Deputy Editor Christie DeBernardis @CDeBernardisTDN Associate Editors Christina Bossinakis @CBossTDN Joe Bianca @JBiancaTDN News and Features Editor In Memoriam: Ben Massam (1988-2019) ADVERTISING [email protected] Director of Advertising Alycia Borer Advertising Manager Lia Best Advertising Designer Amanda Crelin Advertising Project Manager Rachel McCaffrey Advertising Assistants Amie Newcomb Kristen Lomasson Photographer/Photo Editor Sarah K. Andrew @SarahKAndrew [email protected] Social Media Strategist Justina Severni RICE FILES COMPLAINT IN NY 6 Trainer Linda Rice has filed a complaint seeking to overturn a Associate Producer three-year license revocation and $50,000 fine for "improper and corrupt Katie Ritz conduct" levied against her by the New York State Gaming Commission. Director of Customer Service Vicki Forbes [email protected] MCGRATH ON TAPIT 8 Chris McGrath discusses the latest milestone achieved by Gainesway's Marketing Manager Alayna Cullen @AlaynaCullen super sire Tapit. Director of IT & Accounting Ray Villa TODAY’S GRADED STAKES [email protected] [email protected] ET Race Click for TV 10:30a Munster Oaks S.-G3, COR -------------- TVG WORLDWIDE INFORMATION International Editor Kelsey Riley @kelseynrileyTDN [email protected] European Editor Emma Berry [email protected] Associate International Editor Heather Anderson @HLAndersonTDN Newmarket Bureau, Cafe Racing Sean Cronin & Tom Frary [email protected] 60 Broad Street, Suite 100 Red Bank, NJ 07701 732-747-8060 | www.TheTDN.com TDN HEADLINE NEWS • PAGE 3 OF 14 • THETDN.COM WEDNESDAY • JUNE 9, 2021 Medina Spirit Lawsuit cont. Jennifer Wolsing, the general counsel for the KHRC, did not reply to an emailed query for comment prior to deadline for this story. "[T]here has been an absolute firestorm surrounding Media Spirit and the alleged test results," the complaint states. "Specifically, Baffert has been excoriated by some members of the press and public who have accused him of >injecting' Medina Spirit with Betamethasone in an effort to cheat to win the Kentucky Derby. This public discourse has frequently suggested that Betamethasone is a >banned' substance and that Medina Spirit was subjected to >doping.' Neither are remotely true." Betamethasone is a corticosteroid allowed in Kentucky as a therapeutic medication, but state rules require at least a 14-day Medina Spirit | Coady Photo withdrawal time before racing. Any level of detection on race But even while that analysis was being conducted at an day is a Class C violation, with no distinction listed in the rules accredited referee lab, another subplot was unfolding behind pertaining how the substance got inside a horse. the scenes. The June 7 court filing explains it. No ruling has been issued to date in this case, although According to the complaint, on May 14, Baffert and Zedan's Baffert's attorney, W. Craig Robertson, confirmed in a June 1 counsel informed the KHRC that the plaintiffs wanted both statement that split-sample blood testing from Medina Spirit blood and urine samples to be tested from Medina Spirit's splits, had come back and that it did confirm the presence of and that they wanted an expert of their choosing to be able betamethasone. observe the analysis at their chosen lab. Cont. p4 TDN HEADLINE NEWS • PAGE 4 OF 14 • THETDN.COM WEDNESDAY • JUNE 9, 2021 Medina Spirit cont. They also asked for what is called a "limits of detection" test to be performed that could allegedly show not just that betamethasone was present, but that other compounds in Otomax were there too--namely clotrimazole, gentamicin, and betamethasone valerate. The KHRC refused these demands (beyond allowing them to choose the accredited lab). So on May 19 the legal team made the request a second time, this time in writing along with rationale and legal support to explain their demands. This too was denied by the KHRC on May 21. On May 24, the complaint states that a compromise was reached between the parties: The KHRC would allow plaintiffs to send the part of the biological samples that remained from Medina Spirit's primary samples (that had already been tested) to an accredited lab for the different form of testing the plaintiffs wanted. "The KHRC represented to the Plaintiffs' that these >remnants' were in good condition and in sufficient quantity to allow scientific testing," the court filing states. But on June 1--the same date that Medina Spirit's referee sample was announced by Robertson as positive--the KHRC informed Baffert and Zedan that the remnants had been damaged during transport to the testing lab. "The manner in which the Betamethasone found its way into Medina Spirit is critical," the complaint states. "There is a huge difference in a Betamethasone finding due to an [intra-articular] joint injection versus one from a topical ointmentCboth from a regulatory and public relations standpoint. The testing the plaintiffs' seek would provide empirical and scientific reasonable certainty that the miniscule and materially irrelevant reported positive in Medina Spirit's post-race sample was innocuously sourced from the topical Otomax." Cont. p5 Baffert's attorney W. Craig Robertson | Courtesy Robertson TDN HEADLINE NEWS • PAGE 5 OF 14 • THETDN.COM WEDNESDAY • JUNE 9, 2021 Medina Spirit cont. The attorneys for Baffert and Zedan allege in the complaint that they have a workable Plan B that would allow for the more detailed testing they seek--but that the KHRC purportedly won't allow it. "There currently sits in the KHRC freezer and unopened, untested, and hopefully pristine split sample of Medina Spirit's urine. Given the foregoing, the plaintiffs requested that the urine be immediately shipped to the agreed-upon lab for testing of all components in Otomax. The KHRC has refused this reasonable request and has indicated it has no intention of allowing the urine split sample to be tested in any way. "The urine sample is the best method available to determine whether the Betamethasone in Medina Spirit was present due to an injection or the topical cream Otomax," the complaint sums up. "Time is of the essence, as biologic samples degrade with each passing day. Without intervention from this Court, Plaintiffs will forever lose the opportunity to test, analyze and cross-examine the only evidence that purports to establish a violation of the KHCR's regulations." OBSJUN cont. from p1 With 927 juveniles catalogued for the June sale, there are offerings to appeal to buyers at all levels, according to Wojciechowski. AI think it=s a good catalogue,@ Wojciechowski said. AJune has certainly grown in its stature within the 2-year-old sales calendar and I think that once again there is something here for everyone.@ While numbers were predictably down during last year=s June sale, which was postponed to July due to the pandemic, the auction=s 2019 renewal was topped by a daughter of Into Mischief who brought a sales-record $900,000.
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