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While racetracks in California struggle with the idea of synthetic racetracks, one thing seems very clear on the opposite side of the country. Synthetics will not fly in New York.

"I don’t see this happening any time soon in New York, if at all," said state Racing and Wagering Board Chairman John Sabini.

Pretty straightforward if you ask me.

Read it at The Saratogian

Then come back to the Paulick Report and let us know what you think

- Bradford Cummings

Kentucky State Senator Damon Thayer delays consideration of his constitutional amendment bill to build a larger consensus, reports the Blood-Horse’s Ron Mitchell.

"I am getting a lot of feedback from people in the horse industry that they are disappointed in the horse industry leadership for opposing my bill," Thayer said. However, he fails to name any names.

His bill has some troubles with the biggest one being his opposition to VLT exclusivity at racetracks. Thayer calls it ‘a debatable point.’

Click here for the full article from the Blood-Horse

Then come back to the Paulick Report and let us know what you think.

- Bradford Cummings

Attorneys for Magna Entertainment have struck a deal in U.S.  bankruptcy court with unsecured creditors that will allow Frank Stronach to maintain control of Santa Anita Park, Gulfstream Park and Golden Gate Fields and the account wagering company Xpressbet.com and the Amtote totalizator company, Reuters and Bloomberg have reported.

After you’ve read the stories,feel free to return to the Paulick Report and comment on this latest development regarding Stronach and his affiliated companies. — Ray Paulick

By Ray Paulick

Churchill Downs maintenance crews used the two hours between the Humana Distaff and the Kentucky Derby to attempt to squeeze as much moisture out of the surface as possible.

Following the Distaff, the ninth race of the day  run at 3:58 p.m., a special device was used to cut open up the track and try to bring as much moisture to the surface as possible, After the tractor pulling that device made its rounds, several tractors pulled floaters that were carrying sandbags and one or two members of the maintenance crew standing aboard them to add additional weight. Those devices served to seal the track tight. The entire procedure would be repeated in hopes of drying the track out.

The net result: expect the racetrack to be upgraded to good from sloppy by the time the Kentucky Derby is run at 6:24 p.m. Eastern.

UPDATED:  6:10 p.m.  The condition of the main track remained sloppy as the horses were being saddled. No additional rain has hit the Louisville area this afternoon, but the lack of wind, the cool temperatures and high humidity have made it difficult to dry out the track despite the efforts of the Churchill Downs maintenance Crew.

Justwhistledixie has been scratched from today’s Kentucky Oaks because of a stone bruise in a foot. The daughter of Dixie Union was the 5-2 second choice on the morning line.

Ray Paulick’s Analysis

1-Pioneerof the Nile. Empire Maker colt is scheduled to work at Santa Anita Wednesday for trainer Bob Baffert before shipping to Churchill Downs. Doesn’t get much respect for a horse coming into the Kentucky Derby off four consecutive graded stakes victories, but such is the influence of speed figures these days. I think speed figures are less relevant in the run-up to the Kentucky Derby than they are for everyday races because of the unique nature of the Derby.

2-I Want Revenge. Already stabled at Churchill Downs, which gives Stephen Got Even colt plenty of time to acclimate to the racing strip. One caveat: the track horses train over before the live meet begins is often dramatically different than the one they’ll have on Derby Day.

3- Dunkirk. Though I have nagging doubts in the back of my mind about why this son of Unbridled’s Song has been raced so sparingly, I’m confident he may be the best qualified of the Derby contenders to get distances of a mile and a quarter and beyond. How he trains over the next couple weeks will be key.

4-Quality Road. So far, so good on the patched up quarter crack. Unlike some owners and trainers who have run horses in the Derby that were physically compromised, I have confidence that neither Elusive Quality colt’s owner, Ned Evans, or trainer, Jimmy Jerkens, would do that. With the loss of speed horses The Pamplemousse and Old Fashioned, the pace scenario is shaping up in Quality Road’s favor.

5-Friesan Fire. The book on preparing a horse for the Kentucky Derby is being constantly rewritten, so I’m not discounting the A.P. Indy colt’s chances because of the seven weeks trainer Larry Jones is giving him between starts.  And while Louisiana Derby runner-up Papa Clem’s win in Saturday’s Arkansas Derby flattered Friesan Fire, I still don’t think he’s faced the toughest competition this winter.

6-Musket Man. Speaking of flattery, the win by General Quarters in the Toyota Blue Grass strengthened Musket Man’s Tampa Bay Derby triumph. There’s a lot to like about this son of Yonaguska, but the biggest question concerns his pedigree, specifically his propensity to get a classic distance.

7 Papa Clem. Good move by trainer Gary Stute to ship this Smart Strike colt to Oaklawn Park early to train up to the Arkansas Derby. Along with the two victories in New York by I Want Revenge, the win by Papa Clem shows the depth of this year’s California contingent, as both chased Pioneerof the Nile in earlier races.

8-General Quarters. I confess that I missed the trouble the Sky Mesa colt encountered when fifth in the Tampa Bay Derby, but I went back and watched the race again after hearing about it during Steve Byk’s “At the Races” radio show on Monday. Sure enough, he got the worst in that race and ran back to the strong form he showed in the Sam F. Davis while surprising Saturday’s Toyota Blue Grass Field. I don’t think that win was a fluke, but the Blue Grass field was a relatively unproven one.

9-Chocolate Candy. Was hurt more than anyone else by the lack of pace in the Santa Anita Derby, yet still closed strongly to be second to Pioneerof the Nile. Son of Candy Ride will need quick fractions to have a shot in the Kentucky Derby, and at this stage I’m not so sure he’ll get them.

10-Desert Party. It’s asking a lot of the Street Cry colt to ship halfway around the world twice in a six-month period. How he trains over the Churchill Downs surface over the next two and half weeks and how he looks will gives us a better idea of his chances to give Sheikh Mohammed his first win in the Kentucky Derby.

By Ray Paulick
Following his alleged violation of detention barn rules in New York, Jeff Mullins may be claiming ignorance of the rules of racing regarding medications or treatments that can be given to horses on raceday. The trainer was allegedly seen by New York Racing Association personnel giving a substance that came in a bottle marked Air Power to Gato Go Win in the Aqueduct detention barn last Saturday, necessitating the late scratch of the horse from the Bay Shore Stakes, 

Air Power contains honey, apple cider vinegar, aloe vera, menthol, oil of eucalyptus, lemon juice, ethyl alcohol, according to the manufacturer.

Click here to read the entire memo, which includes the applicable CHRB rule, 1843.5: “Medication, Drugs and Other Substances Permitted After Entry in a Race.”

Arthur opted not to comment to the Paulick Report on the Mullins investigation being conducted by the New York State Racing and Wagering Board. In 2005, however, he made the following observations about Mullins to John Scheinman in the Washington Post, saying Mullins was a good trainer who didn’t have a clear sense of ethics: “It’s an attitudinal problem, and those things are hard to overcome,” Arthur said. “It’s basic ethics is what it is. The bottom line is [Mullins] basically lives in his own world, and you can tell by his comments that’s the case. He’s oblivious to everything around him and does things his own way and thinks it’s right.”

Copyright © 2009, The Paulick Report 

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The last slow weekend before Derby was reflected by a basic stagnation of the Paulick Derby Index by AmWest Entertainment. The only race of note this weekend, the Lane’s End Stakes, did not really produce any headlines.The winner Hold Me Back did not crack even one of our Top Ten lists this week and none of the other horses in that field are anywhere to be found in this week’s PDI. Perhaps most notable was that the only Derby winner to come out of the Lane’s End (Jim Beam Stakes at that time) passed away yesterday. Lil E. Tee left a legacy that does not look to be repeated any time soon, at least not this year. Of course, Hard Spun was the closest since as runner up in the Derby in 2007.

The only major addition to the field was the Kempton winner Mafaaz who despite only being voted on by three of our voters, actually picked up a first place vote. It should be interesting to see how this international experiment will affect this year’s race.

Next week and beyond, we look forward to the top prep races including the Santa Anita Derby, Florida Derby and Wood Memorial. Look for a much more significant shakeup in the weeks to come.

Ray Paulick’s Analysis

1-Pioneerof the Nile. So his Beyer figure wasn’t very good in winning the San Felipe. I have a great deal of respect for Andy Beyer and his figures, but I’m not sure they have got synthetic surface performances figured out as well as races on dirt. It’s becoming increasingly popular to knock synthetic track winners, but this son of Empire Maker keeps on winning, and that’s still the name of the game.

2- The Pamplemousse. I can see this horse beating Pioneerof the Nile in the Santa Anita Derby if there’s not much pace to go with him. Kentucky will be a different story with lots of speed, and I’m not sure a son of Kafwain really wants a mile and a quarter.

3- Friesan Fire. Impressive Louisiana Derby winner will have a long rest between starts if Larry Jones trains him up to the Kentucky Derby as he’s recently indicated. The successful road to the roses hasn’t traveled through New Orleans that often, however.

4-I Want Revenge. How much is a half interest in the Stephen Got Even colt worth to IEAH stables, which has been attempting to buy him in hopes of catching lightning in a bottle two years in a row following Big Brown’s success in 2008. Sources say the price is about $5 million.

5-Quality Road. Here comes the test for the son of Elusive Quality in this weekend’s Florida Derby. First time around two turns will tell us a lot about whether or not he is truly Derby material.

6-Old Fashioned. With an additional week’s time to reflect, I’m beginning to wonder if maybe Old Fashioned was just a very precocious 2-year-old whose classmates are now catching up to him. He’ll need to rebound big time in the Arkansas Derby.

7-Desert Party. Son of Street Cry needs to do win big in this weekend’s UAE Derby in Dubai. Anything short of that means Sheikh Mohammed’s quest for the Kentucky Derby will have to wait another year.

8-Imperial Council.  Might not win the Kentucky Derby, but something tells me the Empire Maker colt will be an important horse before the year is over.

9-Theregoesjojo. He’s my upset special in the Florida Derby, and son of Brahms will be a price to boot.

10-Mafaaz. Sorry, Dunkirk, but the John Gosden-trained winner of the Kentucky Derby Challenge Stakes in England just bounced you off my top 10. Sure, the son of the Machiavellian stallion Medicean is bred for turf and he’s lightly raced. But I give a great deal of respect to Gosden, who is no stranger to racing on dirt in the U.S., having stabled in California for a number of years. Besides, Dunkirk has plenty of opportunity this coming weekend to make a name for himself outside of the maiden and allowance  ranks when he goes to post in the Florida Derby.

He said last month he is interested in the private purchase of a recently claimed horse for the purpose of sending it out of state and sought a clarification of the rule from the CHRB’s executive director.

John Harris, a member of the board since 2000 and currently the CHRB’s chairman, mentioned potential legal problems with the rule when it was proposed at a 2001 board meeting. “We’re really dealing in interstate commerce, which is not really one of our expertise areas in the Racing Board,” Harris said at the time. “And we can get ourselves into trouble and run up a lot of legal bills and lose.”

In 2005, however, after racing secretaries again said horses were being claimed to be sent out of state, the board approved the new restrictions to claiming rules. Harris again commented that “it could be argued on an interstate commerce issue that we’re trampling on that.”

When discussions to change the claiming rule were held last month, CHRB member Jesse Choper, the Earl Warren professor of public law at the University of California school of law, said he agreed with the position taken by the attorney general’s office in 2003. Still Choper said the board “ought to stick with (rule 1663) until someone challenges it …”

Jamgotchian, who recently won another legal battle against the CHRB in the court of appeals concerning the role of stewards, seems more than willing to offer that challenge. His action seeks the rule be overturned and that he be reimbursed for the cost of the suit, including attorney’s fees.

“We believe that the Federal Court will send a clear message to the CHRB to strike this oppressive rule and hope that by eliminating this rule many recently claimed horses from other states will relocate to California,” Jamgotchian said in a press release.

Copyright © 2009, The Paulick Report

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Azeri, the 2002 Horse of the Year whose  first foal failed to sell at the Keeneland September Sale for a record buyback price of $7.7 million, was bought back by her owner, Michael Paulson, on Monday at the Keeneland January Horses of All Ages Sale  for $4.4 million.

The daughter of Jade Hunter in foal to Horse of the Year Ghostzapper was the center of attention on the opening day of the sale, but left a pavilion full of puzzled looks from spectators as she was led out of the ring when the bidding stopped and  no one signed a ticket. 

Leading up to the sale, John Sikura, who consigned Azeri on behalf of Paulson through his Hill ‘n’ Dale sales agency, was confident the mare would be sold. Sikura was one of the bidders, telling reporters he was active up until about $4 million for his own interest, but said he was not certain what the reserve price was.

Another bidder was Coolmore associate Paul Shanahan, who bid at least $3.5 million for the mare. Another report suggested Darley Stud’s Jimmy Bell may have been the underbidder at $4.3 million.

NOTE TO READERS: The original version of this story erroneously reported that Azeri herself had been bought back in November.