Via TD Thornton
The concept of perception versus reality has been the core underpinnings of both sides of the well-publicized “adverse conduct” case since the New York Racing Association (NYRA) first attempted to tried to expel coach Bob Baffert eight months ago. On Tuesday, the second day of a hearing that could lead to Baffert’s removal from New York’s top tracks, the murky interpretation of who should be considered the actual victims and which entities should protected from harm has risen to the top of the form in which the debate over “social licensing” has sometimes played out in a tense and acrimonious fashion.
Although Baffert is the most recognizable purebred coach in North America, the key witness who testified on January 25 is not a recognizable name in the sport at all. About seven and a half hours of testimony and cross-examination from four witnesses was anchored by approximately 90 minutes of debate over the opinions and doctoral expertise of Dr. University of Kentucky, who specialized in what the public thought of as horse racing.
“If someone has too much weight, if they have a strong brand image in a certain area of the industry, then that will be held by a larger public, a larger group of, say, Equestrian fans, pay more attention if It’s not such a memorable person,” Heleski testified. She later added that, “Anyone interested in racing will know who Bob Baffert is.”
Heleski explains that in general, the public tends to view any well-publicized news about pharmaceuticals in horse racing as something that could harm society’s licensing of the sport, This is a way of talking about general acceptance.
“Most of the time, they simply feel that if there is a medication or medication violation noted, they feel bad about it. They have put it all under the umbrella of doping,” said Heleski.
And when Kelly McNamee, an attorney representing the NYRA, asked her to participate in the general public thought process and how it related to Baffert’s history of equine drug positives, she did. his intern used betamethasone Medina Spirit when he won the GI Kentucky Derby in 2021, and “ends 70 dead horses under Mr. Baffert’s care,” Heleski replied without hesitation that all of that combined could adversely affect the race’s social license.
“I think drugs and drugs [positives] from someone who is very prominent carries more weight than people who are not closely watched…” Heleski said. “[And] if a trainer had a large number of dead people in their cage, that would be looked upon badly. “
But under rigorous scrutiny from Baffert’s lead attorney, W. Craig Robertson III, the University of Kentucky professor sometimes seems overwhelmed when challenged to explain why it might be Baffert’s fault when the public doesn’t. understand the difference between therapeutic and doping drugs.
Robertson also appreciates Baffert’s history of awards for sportsmanship and good practice in the industry, plus his fully recognized contributions to aftercare. He wanted Heleski to explain how, if Baffert was such an alleged adverse presence that could hurt the NYRA, why any activists wouldn’t protest his presence at the NYRA. Saratoga last summer, and why was the track enjoying record betting levels at that meeting even though Baffert’s interns were in the entries?
Robertson also tries to remove Heleski’s “amorphous” concept of social licensing, which, she admits, has nothing to do with the actual “licenses” that a person or organization can subscribe to based on. regulated standards, such as a racing license.
But assuming such a concept exists, Robertson asked Heleski if it was part of the NYRA’s obligation to treat all coaches fairly as part of that social license. .
“They should treat the coaches fairly,” agreed Heleski.
And if the NYRA points to a coach — like Baffert — for allegedly being unfairly punished, Robertson wants her opinion on whether “the public might not like it. That could hurt the society’s license to operate, right? ‘ Robertson queried.
The NYRA legal team objected to that line of questioning, and hearing officer O. Peter Sherwood would not allow Heleski to answer questions.
Baffert himself was not called to speak during the day-long proceedings in New York City. On the Zoom webcast made available to the media by the NYRA, the Hall of Fame coach can occasionally be seen sitting with his attorneys in the boardroom, wearing a dark sports jacket and open white shirt. neck.
Although his facial features are hidden behind a mask as a precaution, Baffert’s pose evokes boredom rather than anxiety. He often had his arms crossed in front of him, sometimes absentmindedly working his thumbs over and over while occasionally reaching up to push his thick, silvery-white hair away from his forehead. For the most part, he looks more like a man waiting for a bus than a seven-time Derby-winning coach waiting to see if he gets kicked out of one of America’s most famous racetracks. or not.
In previous legal appeals that failed to prevent Baffert’s hearing from happening, his lawyers described the proceedings as an “accomplice.” However, although the NYRA has put in place a newly invented process for holding hearings, the list of charges against Baffert and the responsibility for selecting the hearing officer will determine Baffert’s fate. , a federal judge ruled last week that the NYRA has the right to move forward that way.
The NYRA outright deported Baffert on May 17, 2021, after Medina Spirit remained untried positive for the Derby drug, noting that four other Baffert interns had tested positive for the drug. alcoholic beverages for about a year prior. On July 14, a federal judge granted Baffert a preliminary order allowing him to race at Saratoga, Belmont and the Aqueduct. That order has been issued in perpetuity since then, but with the legal requirement that the NYRA give Baffert a hearing process before deciding whether to kick him out.
The NYRA alleges that Baffert’s alleged conduct was or was “to the detriment” of three entities: 1) The best interests of racing; 2) Health and safety of horses and jockeys; 3) NYRA’s business operations.
Dr Pierre-Louis Toutain, a France-based veterinarian considered an expert in pharmacology and toxicology, testified earlier Tuesday for 1 3/4 hours.
Some of Toutain’s testimony tended to be lengthy, in part because he was asked to provide definitions and uses for phenylbutazone, lidocaine, and betamethasone, three of the substances the NYRA says are linked to the behavior. Baffert’s wrongdoing. Tourtain also graciously apologized a number of times for English being not his native language when he testified from afar when there was a six-hour European time difference.
Tourtain provided one of the lighter moments of the day when he politely interrupted a drug question from one of Baffert’s attorneys, Clark Brewster, to ask, “Are you a scientist or a lawyer? “
When Brewster replied that he was a lawyer, it told Tourtain that he shouldn’t give a too technical answer,
“Ah, then I have to make it simple – okay!”
The general laughter broke some of the inherent tension.
But anyone in the room wasn’t amused when NYRA attorney Hank Greenberg asked Toutain if the presence of 21 picograms of betamethasone in Medina Spirit’s blood after the Derby was likely to affect performance enough. his or not.
“Yes, certainly,” Tourtain replied.
But Toutain was serious about injecting betamethasone into the joint, which he says is the common way the drug is administered to horses. So when it was Brewster’s turn to cross-examine Toutain, he remembered to ask about betamethasone found in topicals or ointments for skin rashes, which is how Baffert alleges betamethasone found its way into Medina Spirit.
“Thematic? I’m not sure they use it [that way],” Tourtain replied.
Toutain then seemed confused about whether Brewster asked if betamethasone is sometimes used over the patch, like lidocaine (which the attorney didn’t ask).
Brewster then quickly concluded his cross-examination of Tourin.
