The debate over Medina Spirit’s ineligibility for Medina Spirit’s 2021 Kentucky regatta because betamethasone was the result of an injection or ointment was central to the fourth day of testimony at Bob Baffert’s appeal. before the Kentucky Horse Racing Commission (KHRC) hearing officer in Frankfort, Kentucky, on Thursday.
That argument has permeated the past 16 months in various hearing and courtroom contexts. It is now being brought again before the KHRC hearing officer to hear the Hall-of-Fame coach’s attempt to remove the 90-day suspension from his record (for which Baffert served ) for violation. The appeal also sought to reverse KHRC’s disqualification of Medina Spirit from the Derby.
Back in December, Baffert’s legal team stated that a third-party test on the foal’s urine was “clearly confirmed” and had “scientifically proven” that the type of betamethasone present Medina Spirit’s post-race positive test came from a topical ointment and not via intra-articular injection.
The distinction is important because Baffert believes the proper resolution of betamethasone hinges on how it is used for Medina Spirit. He stated Kentucky’s drug rules only apply to the injectable form of that drug.
But the KHRC maintains that a positive finding is a positive finding and does not matter how the Class C drug entered Medina Spirit’s system.
Baffert claimed that Medina Spirit was treated with betamethasone Otomax ointment late on April 30 (the day before his Derby win) to help deal with a skin wound, and he covered acknowledged that the pony’s joints had been treated with an injectable form of that drug.
Ron Flatter of Horse Racing National (HRN) provided key points from Thursday’s proceedings. His report summarized below by TDN.
Flatter wrote that Jennifer Wolsing, KHRC’s general counsel, said she has two deposits to support her view that Medina Spirit may have been injected with betamethasone.
Dr. Scott Stanley, director of the equine testing laboratory at the University of Kentucky, testified for KHRC.
Based on HRN, Stanley was questioned about the third-party trial by Dr. George Maylin, director of the New York State Equine Drug Trials laboratory. Last summer, Baffert’s lawyers received a court order allowing outside testing of Medina Spirit samples.
Flatter writes that “Maylin concluded last fall that the drug was the result of topical Otomax and not betamethasone injection.”
Testifying eight months later on August 25, Stanley criticized Maylin’s process of testing Medina Spirit’s urine sample and gave technical reasons for its error, HRN reported.
“I disagree with… Dr. Maylin’s conclusion states that the data firmly support the use of topical betamethasone…. I don’t believe the data definitively conclude that,” HRN quoted Stanley as testifying.
However, under Baffert’s cross-examination, Stanley also said, “I don’t have any evidence that Medina Spirit has been injected with any product.” HRN reported.
Dr Mary Scollay, current chief executive officer of the Association for Drugs and Trials Racing (and formerly KHRC’s equine medical director), testified at KHRC’s request.
HRN reports that Scollay said there was no diagnostic record when Baffert’s veterinarian, Dr. Vince Baker, suggested that Otomax be applied to Medina Spirit in April 2021. Nor have any records been established. provided in terms of dosage and frequency.
“Otomax is FDA approved for use in dogs,” says Scollay, according to HRN. “I would hesitate to describe the Medina Spirit as a dog. That would be the most unfair.”
Flatter wrote that, “Under cross-examination, Brewster attacked Scollay’s evidence for lack of experience in the background, saying that Baker had a lot of experience in the steady job. And he recounts when, in one deposition, Scollay said that anyone wanting more expertise in Otomax should ask a vet working in the back-end. “
After a scheduled weekday break on Friday, the hearing will resume on Monday, with an agreed Tuesday that both sides are aiming to finalize the proceedings. (See coverage of previous days here, hereand here.)
Hearing officers hired by racing committees often take months to produce a written report and recommended findings.
