Archive for August, 2008

By Ray Paulick

Dr Rick Arthur, who gave up his equine surgery and veterinary practice in 2006 to become medical director for the California Horse Racing Board, commented on the regulatory agency’s policy regarding barn searches and the calling of positive tests for prohibited medications in horses.

Arthur, a former president of the American Association of Equine Practitioners, sent the following statement to the Paulick Report following publication of an article concerning the CHRB’s search of leading Del Mar trainer John Sadler’s barn, and Sadler’s comments that he and his attorney, Donald Calabria, have discussed possible litigation.

"The CHRB begins investigating a case when the notice of a positive test(s) is served on the trainer," Arthur said. "That means investigators go to the barn to gather evidence and in some cases gather evidence from veterinarians or their veterinary vehicles. This activity cannot be hidden from view. While eveyone assumes a positive test notification has been served on a trainer they are only assuming as much. While unusual, the CHRB does do random barn and vehicle searches without cause.

"The CHRB does not announce a positive test unless a trainer declines or fails to request a split sample analysis or the positive is confirmed by the split sample lab chosen by the trainer. Only then does the CHRB announce a complaint for a positive test has been served.

"We can no more control public perception anymore than the police if you are stopped and asked to do a sobriety test on the side of the road."

Copyright © 2008, The Paulick Report

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By Ray Paulick

In the winter and spring of 1980, as a relatively new racing fan living in Southern California I was confident that I had discovered the certain winner of that year’s Kentucky Derby: a colt named Rumbo, who had a few mental quirks but possessed a powerful stretch run.

Rumbo finished second in the Santa Anita Derby and Hollywood Derbies, but I was convinced the extra furlong of the Kentucky Derby would be all this colt would need to get the job done and confirm my brilliance as a handicapper. Besides, Codex, the winner of the two Derbies in Southern California who was trained by a new hotshot from the Quarter horse world named D. Wayne Lukas, wouldn’t be in the starting gate at Churchill Downs come the first Saturday in May. His connections didn’t think to nominate him to the Derby, and there were no supplemental entries to the race back then.

The field for that year’s Run for the Roses didn’t seem particularly strong, especially in comparison to the decade that had just ended, one that produced Triple Crown winners Secretariat, Seattle Slew and Affirmed, along with Spectacular Bid, who in my opinion should have won the Triple Crown in 1979.

Rockhill Native was the tepid Derby favorite and reigning 2-year-old champion, but just didn’t strike me as a real Derby horse. Besides, he was a gelding, and no gelding had won America’s great horserace since Clyde Van Dusen in 1929. Second choice was Plugged Nickle, winner of the Florida Derby and Wood Memorial. It just didn’t seem right to me that a horse with that name (and misspelled at that) could join the ranks of Kentucky Derby winners.

In fact, the biggest threat I saw to Rumbo was another California colt, but this one had a girl’s name, Jaklin Klugman, the sorta namesake of actor Jack Klugman.

Oh, yes, there was a real filly in that race, too, Genuine Risk, but I hardly gave her a second thought. Fillies couldn’t win the Derby. That hadn’t happened since Regret in 1915, and no filly had even tried to beat the boys since Silver Spoon finished fifth to Tomy Lee in 1959. The image of the tragic injury to the great filly Ruffian in her match race only a few years earlier against Derby winner Foolish Pleasure was still fresh in my mind. Trainer LeRoy Jolley had already tried Genuine Risk against colts, finishing third to Plugged Nickle and Colonel Moran in the Wood Memorial at Aqueduct in New York. Though it was her first career defeat after six consecutive wins, I couldn’t see Genuine Risk improving off that effort.

Besides, I was certain she’d be helpless against the mighty Rumbo down the long stretch of Churchill Downs.

That wasn’t the first time I was wrong about a horse race, and it certainly wasn’t (nor will be) the last.

Rumbo, under Laffit Pincay Jr., dropped back to trail the 13-horse field, just as I expected him to do, but he came with a strong rally around the final turn. He flew by the dueling pace-setters, Rockhill Native and Plugged Nickle and caught Jaklin Klugman inside the furlong pole. But there was nothing he could do about the filly. Jacinto Vasquez deftly guided her through early traffic, moved to the lead before reaching the top of the stretch, then easily held off Rumbo to win by a length as a 13-1 long shot.

 My only consolation to being wrong was that it took an historic achievement to beat me. But my appreciation for Genuine Risk was just beginning.

Two weeks later, in the Preakness Stakes at Baltimore, Genuine Risk proved that her Derby win was no fluke. Codex, benefitting from his owner’s forgetfulness to nominate him to the first leg of the Triple Crown, was a fresh horse. On his back that day was Angel Cordero Jr., a sometimes controversial jockey who could have written a book about the tactics of race riding. The duo got the jump on Genuine Risk, stalking the early leaders and taking command on the turn for home, just as Vasquez had done on the filly in the Derby.

But as Genuine Risk launched her move on the turn for home, Cordero peeked back over his right shoulder and saw the filly coming. He allowed Codex to drift far off the rail and almost directly into the path of Genuine Risk, then flashed the whip in his right hand as the two horses brushed together at the top of the stretch. It was a move clearly intended to intimidate the filly, and it worked. Vasquez later said Cordero hit Genuine Risk in the head with his whip and did it on purpose.

Codex went on to win by 4 ¾ lengths, with Genuine Risk second. A claim of foul was dismissed by track stewards, as was an appeal to the Maryland Racing Commission by Bert and Diana Firestone, the owners of Genuine Risk. Many fans of the filly felt cheated.

Flash ahead to 2008 and ask yourself, how many owners today would persevere and run a Kentucky Derby-winning filly in the Belmont Stakes after two hard races at Churchill Downs and Pimlico, one who had no hope of becoming a Triple Crown winner? It’s hard to imagine anyone would be that sporting. The Firestones were.

But Genuine Risk was no ordinary filly. She ran back three weeks later in the Belmont in a rematch against Codex, who was made the 8-5 favorite. Rumbo, who had skipped the Preakness, was there, too, as the second choice in the betting. The fans had virtually given up on Genuine Risk, who was sent off at odds of 9-1.

Genuine Risk ran gamely over the mile and a half of the Belmont, battling Rockhill Native much of the way over a muddy racetrack. She put that foe away at the top of the stretch, but couldn’t hold off Temperence Hill, a 53-1 outsider who hadn’t contested either of the two prior Triple Crown events and was the only horse in the field wearing mud calks. Codex and Rumbo were non-factors. Genuine Risk finished a gallant second, securing her place as the greatest filly ever to compete in all three Triple Crown races.

This Kentucky-bred filly by Exclusive Native out of the Gallant Man mare Virtuous wasn’t finished yet. After a short break, she came back to narrowly lose the Maskette to Bold ‘n Determined,  then won the Ruffian Handicap by a nose over Misty Gallore and It’s in the Air. It was a great year for fillies, one that also included Davona Dale and Love Sign.

But none was greater than Genuine Risk, who was made that year’s 3-year-old champion and was a first-ballot inductee in the Hall of Fame.

Genuine Risk never duplicated her racing performances as a broodmare before her death this week at the age of 31. Her fertility difficulties were a frustration to all. The expectations placed on great fillies by the public somehow don’t seem fair anyways.

Genuine Risk did more than enough in that five-week stretch in the spring of 1980 to secure her place in history.

VIDEO: Kentucky Derby, Preakness, Belmont

Copyright © 2008, The Paulick Report

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Alan Foreman, CEO of the Thoroughbred Horesemen’s Association, laid it on the line in discussing the industry’s real and perceived problems regarding medication and drug testing at Sunday’s Jockey Club Round Table in Saratoga Springs, N.Y. Foreman identifies the problems facing the Thoroughbred industry relative to medication and testing and also provides a roadmap for how to address those issues.

Foreman’s talk was one of many presentations on a day that focused on medication and safety issues of the racehorse in the wake of the death of Eight Belles in this year’s Kentucky Derby and a subsequent Congressional hearing where the threat of federal intervention was raised. I’ll have my own commentary on these issues in the days to come.

Following are the remarks of Alan Foreman, in their entirety. — Ray Paulick

Last year’s Conference focused, in part, on the scandals plaguing other major sports arising from the use of performance enhancing drugs. I was unhappy and a bit perplexed because I thought we had a positive story to tell and that we could distance our sport from the others. I took particular exception, on behalf of the thousands of horsemen who dedicate themselves to the welfare of the horse and the integrity of our sport, to the suggestion that horse racing is consumed by a raging wildfire of illegal drugging.

Unlike the other sports, we do not allow our athletes to medicate themselves for headaches, backaches, joint pains, broken bones and cuts on the day of and during competition to allow them to compete. Our athletes aren’t sent to the sidelines or the locker room for treatment in order to return to competition.

Except for the controlled use of Lasix, we are a sport that does not allow our athletes to compete with drugs in their bodies. We have a supposedly world-class detection system designed to deter anyone who would corrupt our competitions with performance enhancing drugs. 

We spend $30 million annually to support drug testing, more than any other sport. We have dedicated scientists who test thousands of urine and blood samples collected from horses each day and who study the pharmacologic effects of drugs on horses, all in an effort to insure that our sport is clean.

Nonetheless, there was a larger message conveyed here last year. Polling of racing’s core fans, done in the midst of the scandals plaguing other sports, showed that one-third of them believed that racing also had serious integrity problems and that illegal, performance enhancing drugs was the number one problem. 

We were warned that the lack of consumer confidence in the integrity of our product could cause irreparable damage. I dismissed this perception as a reflection of the time.

Not long after last year’s Conference, we moved in a highly publicized and somewhat controversial way, to restrict or prohibit the use of steroids. It was the right thing to do, but it exposed many of our problems. And then there was the EIGHT BELLES tragedy. The ensuing furor unleashed every negative perception and stereotype about our sport. The reaction was visceral. In its wake, recent polling done of casual fans of racing, our core fans and those within our industry has revealed an alarming increase in the negative perceptions reported last year. Of those, the perception of illegal drugging is by far and uniformly their single biggest concern. 

Yes, we are a sport that has and always will be confronted by those few who disregard the well-being and integrity of our sport for short term gain. However, in the court of public opinion, which in today’s world is the only thing that truly matters, the perception is that our sport is not clean. In today’s world, perception is reality no matter how unfair or inaccurate that perception may be.

I wasn’t born yesterday. The negative perceptions of our sport have always been there. But not in the significant numbers that we are now seeing, regardless of how we defend ourselves. The simple fact is, we are living in a different world than we have known. Communication is instantaneous and opinions are formed instantly. Standards and expectations are higher and the margin for error is lower. There are few gray areas anymore. Judgment is no longer reserved. Perceptions are difficult to change. If our brand, our great sport, is to survive this rough patch and restore itself to its previous glory, then we have to substantively address the issues that concern our consumers and our fellow participants. It is expected of us. And, we have to do it now, because we do not have the luxury of time. Anyone who doesn’t believe we are in trouble is in denial. We cannot talk our way out of our problems and we cannot take steps that are perceived as mere window dressing.

Can we reverse the negative perceptions of our sport, particularly as it relates to the perception of rampant and illegal drug use? Can we truly say that our sport is clean? I think we can and I am going to suggest to you how we can do it. But we had better move quickly. 

The first step is to acknowledge the problem.   We spend approximately $30 million annually on drug testing, but that funding is spread among 18 different laboratories servicing 38 racing jurisdictions. The dollars are not spread evenly. 

There is a wide variation among our laboratories in the number and types of tests performed on test samples. Even our best don’t have the resources to do the testing that should be done. 

In 1989, when the industry was far healthier, we spent $27.6 million on drug testing. So we’re basically spending the same amount on drug testing as we did 20 years ago, while much has changed.

This is not new information. Scott Waterman told you this last year. The difference this year, and for the foreseeable future, is that our federal and state governments are in economic free-fall.

Our laboratories operate by virtue of written contracts with state governments, state or land-grant universities or through private companies who bid for our work through a procurement process that rewards the lowest bidder. Budget cuts in the face of enormous deficits mean inevitable cuts for drug testing of race horses. 

What politician would rather allocate money to drug testing of race horses rather than fund health care, education or other taxpayer needs? What laboratory doing drug testing for horse racing right now isn’t facing significant budget cuts?

This, in the face of an industry- imposed steroid policy that requires our laboratories to do a whole new level of mandatory testing without the funds or equipment to do it.   Simply put, our system worked decades ago. It won’t work now if we are intent on restoring consumer confidence without major changes.

We have too many laboratories feeding off the same revenue stream. They are understaffed and lack the necessary equipment that will allow us to do what we need to do.

We have little, if any, research and development underway, nor are we preparing for the “future” generation of drugs, which may, in fact, already be upon us.  For years, we have been consumed with concerns about tranquilizers and therapeutic medications that have been around for decades. 

While we should certainly be chasing all drugs that have the potential to affect performance, there are a new generation of doping agents entering the world of sports unlike anything we have seen before—genetic manipulators—and we are unprepared. We have neither the resources nor the mechanism to address this emerging threat.

This leads me to something that no one has talked about, but which poses a major problem for the future of our sport. The names Maylin, Soma, Tobin, Sams, Stanley, Lomangino, Strug, Hyde, Lorimar, Uboh to name a few, are synonymous with equine drug testing and pharmacology in this industry. They have been our Army, Navy, Air Force and Marine Corps. 

They have been our scientists leading the integrity battle.   They are the unsung heroes of our sport. They would be the first to tell you that they could do better with more money, better equipment and more staff.

However, there is going to come a time when they are no longer available to us. There is no bench. There is no farm system. There is no talent pool waiting in the wings to do our critical work. We are unable to compete with private industry nor do others want to work within the constraints of government or university bureaucracy.

Basically, we are not training the next generation of scientists to do drug testing and be our experts in blood doping, gene manipulation and other emerging threats.

Well, I think you get the picture. Can we truly make the case that our sport is clean, which, by the way, I think it is, or succumb to the perception that we are not, when we can’t forcefully answer the question because our system is flawed?

Does anyone in this room dispute the belief that solving these problems is critical to the future of our sport? If we are going to change the perception of our sport and if we are going to restore consumer confidence in our brand, then we need to take substantive steps and I suggest the following:

1.       We need to establish a reference, research and testing laboratory controlled by the racing industry. We can no longer afford to be at the mercy of states and private entities for our testing and research needs. We’ve known of this need. McKinsey told us 20 years ago. The THA called for it 8 years ago. The RMTC has recognized its need. Yet, we’ve done nothing. We must explore the possibility of a public/private partnership or look at the feasibility of joining with our colleagues in the performance horse industry who share our problems, concerns and ideals. Whatever the case, we need to move on this and do it now, with specific and demonstrable timelines for implementation.

2.      We need to establish strict industry laboratory standards for drug testing in this country and implement them in the quickest and most practical means possible. These standards must address current technology, equipment, staffing, proficiency, number of tests, types of tests, minimum concentration levels and compliance. They should be established by our scientists who know of our needs–not horsemen, breeders, track operators, regulators or the federal government. Our scientists must be directed to create the standards for the best and most effective comprehensive state-of-the-art drug testing system for racing and we need to listen to them by implementing their recommendations. I ask the Jockey Club to support this effort and for the RMTC to begin this process immediately, with specific and demonstrable timelines for implementation.

3.      We need to consolidate our drug testing laboratory system and significantly reduce the number of laboratories conducting testing for the racing industry. A regional system makes the most sense. We must pool and reallocate the financial resources we now have within a new streamlined, stronger and more efficient system. We can accomplish this in the first instance by requiring any laboratory that intends to conduct drug testing for racing to meet the strict standards that are established for the industry. Those laboratories that cannot meet the standards should look for work elsewhere. I call on the Graded Stakes Committee to condition the grading and running of any graded race, and the Breeders’ Cup to condition the funding and running of any Breeders’ Cup related race, on drug testing being conducted for those races only by a laboratory that has met the new industry standards. Churchill Downs, Magna and NYRA need to do the same for the Triple Crown races. Eventually, this must cover all of our races at all of our tracks.   When appropriate, we will need to publicly identify those racetracks that do not have their testing performed by a laboratory that meets the new industry standards and demand their compliance. We need to require that all positive tests for which confirmation is requested be performed by one of the industry recognized laboratories. We will need the help of our regulators to make this recommendation a reality and we will look to the ARCI for its help.

4.      We need to invest in research and development now, before it is too late. This presents a perfect opportunity for a new racing research and reference center. We need to begin research into gene doping, gene manipulation and other emerging integrity threats. If laboratory mice can be injected with targeted genes with reported astonishing results, how long will it be before someone attempts to manipulate a race horse? If necessary, we need to contract this work to researchers and universities already studying this emerging problem. We need to look to partner our efforts with other major sports leagues who have begun to devote significant research dollars to doping concerns.

5.      We need to start developing a new generation of scientists — toxicologists and pharmacologists — who will lead our integrity efforts. On this issue in particular, we do not have the luxury of time. Given the importance of this issue to our overall integrity efforts, I am pleased that the THA will continue to lead by example. Eight years ago, the THA called for the creation of a national drug testing and research consortium that ultimately became the RMTC. We committed permanent funding for it when others were on the fence. Recently, the New York THA, working in partnership with the State of New York, allocated $500,000 from its revenues that would otherwise be dedicated to backstretch programs and equine research, to purchase the state-of-the art equipment necessary for the New York Equine Drug Testing Laboratory to conduct steroid testing and testing for the new generation of drugs. Today, the THA is pleased to announce that it will commit additional funds , and we ask every racetrack and industry organization to match our commitment, to recruit and support post graduate students interested in a career in equine drug testing and research. We will ask our experts and those conducting cutting- edge research to allow us to place interested students to work and learn beside them, and we will pay for it. What better way to invest in the future.

6.      The THA is going to ask the RMTC to revisit and recommend uniform withdrawal time guidelines based on existing and historic research. We can no longer get by with just publishing each State’s recommendations, which vary. We must eliminate positive tests. They give us a black eye, no matter that they demonstrate our deterrence system at work. Notwithstanding that most of our positive tests are the result of sloppy or errant administrations of therapeutic medications, to the public, a drug is a drug and there is no difference. All horsemen and veterinarians need to do their part by strictly adhering to these guidelines when published. 

7.      Finally, we need this industry to recognize the importance of, and the significant work performed by, the RMTC. It is the best organization we have ever had in racing on medication issues and policy. It has forged unprecedented and necessary collaboration among our scientific community. It is truly a national voice on medication. And, it is the best response to the threat of federal intervention.

It is always an honor to be invited to speak at this forum. However, I didn’t come here today to give a nice speech that my children and grandchildren can access in the archives of the Jockey Club’s website. I am here because I want to make a difference and encourage change. I thank the Jockey Club Safety Committee for giving me the opportunity over the past few weeks to express my views on this subject. I am encouraged by their strong interest. I am also encouraged by the positive response from horsemen across the country with whom I have shared these recommendations.

Everyone in this room is the steward of a national treasure, a great sport, a great tradition. What began as a sport more than a century ago is now a diverse and dynamic industry that is a part of the history, economy and social fabric of this country. 

But, we’re in the 21st century and the world is a vastly different place. We are clearly struggling to adapt. We have an obligation to preserve and protect this institution for our next generation. We are well known for arguing and disagreeing about everything. If we don’t address this drug testing issue now and let it become a catalyst for what can be a change in the perception of our sport, then we may not have anything left to argue about. I am willing to drop everything I am doing to make these recommendations a reality. I hope you feel the same sense of urgency. – Alan Foreman, CEO, Thoroughbred Horsemen’s Association

(From Del Mar Thoroughbred Club) 

Robert P. (Bob ) Benoit, 81, died Friday afternoon at Centinela Valley Hospital in Inglewood, Calif., after a lengthy illness. Cause of death was pneumonia.

Benoit, a longtime Thoroughbred racing executive in Southern California, founded and  was president of Benoit and Associates, track photographers on the circuit of Santa Anita, Hollywood Park, Del Mar and Fairplex Park.

Born in Gary, Indiana, on February 8, 1927, he attended grade school in his home state before his family moved to Los Angeles. He was a 1945 graduate of Los Angeles High School and served in the U.S. Army through 1947. Upon his discharge, he  attended U.C.L.A. where he was night sports editor of the school newspaper, The Daily Bruin, writing a turf column and handicapping Southland races.  He left U.C.L.A. to become sports editor of the Inglewood Daily News, home newspaper of Hollywood Park, in 1951.

He took a seasonal job on Hollywood Park Publicity Director Al Wesson’s staff in 1953 and became a year-round staff member in 1955 when he was named Assistant Publicity Director. He became Director of Publicity in 1969 and eventually was elected to the Board of Directors and named Chief Operating Officer and General Manager in 1977.

He was instrumental in forming the Racetrack Chaplaincy of California and in bringing jockeys Sandy Hawley, Chris McCarron, Eddie Delahoussaye and Darrel McHargue to Southern California.

Additionally, he was Director of Publicity at Playfair Race Course in Spokane, Washington and  served as an auxiliary steward representing the Washington Horse Racing Commission. He also was a partner in a public relations firm which promoted the Hambletonian Trotting Classic at DuQuoin, Illinois and the Junior Rose Bowl in Pasadena, California.

In 2004, he became the first recipient of the Laffit Pincay Jr. Award, given to a person who has served the sport with integrity, extraordinary dedication, determination and distinction.

"To be the inaugural winner of an indescribable honor, the high point of my career of more than a half-century, I’m truly overwhelmed," said Benoit.

Funeral services are pending.