Posts Tagged ‘richard shapiro’
Wednesday, January 20th, 2010
By Ray Paulick
Southern California-based trainer Bob Hess crystallized the often toxic debate over synthetic tracks as well as anyone I’ve talked with on the subject: “My horses are happy on it, and they’re lasting a lot longer,” said Hess, a 44-year-old, second generation horseman and a graduate of Stanford University. “My clients are getting more bang for their buck. But without gamblers, we are nothing: there are no purses and no owners. The reality is the gamblers hate this shit. They have no confidence in it. From what they tell me, it’s inconsistent and changes from track to track. Most gamblers tend to play speed, and if you play speed out here, you’re screwed.”
Maybe that’s why Sheikh Mohammed has installed a Tapeta Footings synthetic surface at the lavish Meydan racecourse that is due to open in Dubai later this month and will host the Dubai World Cup program in March. He apparently believes, after extensive testing, that it’s safer for his and other people’s horses. And, since gambling isn’t permitted in Dubai, the sheikh won’t be bombarded with emails and phone calls from unhappy horseplayers who may have had to reinvent how they handicap a race.
SYNTHETIC TEST TUBE
That certainly hasn’t been the case in California, which, for better or worse, has been the test tube for synthetic racetracks, even though the surfaces also are installed at Keeneland and Turfway Park in Kentucky, Woodbine in Canada, Arlington Park in Illinois, and Presque Isle Downs in Pennsylvania.
Ron Charles, the Santa Anita Park president who on Monday strongly hinted that the beleaguered synthetic track will be ripped out and replaced with conventional dirt at the end of the current meeting, called synthetics one of the most polarizing issues he’s ever seen in racing. The tracks have created a great divide among trainers, owners, track executives and regulators, and critics in the press and in online forums and blogs have made synthetics their perpetual punching bag and a principal reason for the industry’s troubles.
Santa Anita, along with Hollywood Park, Del Mar and Golden Gate Fields, was required by a California Horse Racing Board mandate to install synthetic surfaces by Jan. 1, 2008. However, recently elected CHRB chairman Keith Brackpool was quoted in published reports as saying the CHRB would no longer hold any track to the synthetic mandate, one that was championed by former board chairman Richard Shapiro in reaction to reports of an unacceptably high rate of injuries and fatalities occurring on dirt.
One thing the CHRB didn’t do was require all California tracks to install the same surface, a move supported at the time by Jerry Moss, a member of the CHRB and co-owner with wife Ann of unbeaten champion mare Zenyatta. John Shirreffs, Zenyatta’s trainer, is one of the most vocal critics of the synthetic tracks.
When the mandate was approved by Shapiro and the other CHRB members (Jerry Moss abstained in the voting; in the original version of this article, the Paulick Report incorrectly stated that Moss voted in support of the mandate), Hollywood Park and Santa Anita opted to install Cushion Track, manufactured by an Australian company. Del Mar went with Polytrack, a company owned in part by the Keeneland Association, and Golden Gate Fields opted for Tapeta Footings, a surface created by synthetic track pioneer and former trainer Michael Dickinson.
Santa Anita has experienced the most problems—not with safety of the horses—but with drainage. The all-weather aspects of the surfaces were hampered by drainage problems almost immediately during the winter of 2007-08, during the winter of 2009, again last fall, and most recently this week when the track was closed to training and racing on Monday after heavy rains hit California. (Golden Gate Fields, meanwhile, with its Tapeta surface, didn’t miss a beat during the recent storms that hit both Northern and Southern California.) The surface was altered in 2009 with polymers from another Australian surface known as Pro-Ride. It since has played host to two Breeders’ Cups in 2008 and 2009 without incident.
Sources said Ron Charles had his hands tied when he went shopping for synthetic surfaces for Santa Anita. Track owner Frank Stronach is said to have told him not to go with Polytrack because it was owned by the “old boy’s club” at Keeneland. Others confided to the Paulick Report that corners were cut in the installation process, especially in the selection of the sand that was used in the all-weather surface.
Santa Anita isn’t the only track that’s had problems. Hollywood Park and Del Mar’s synthetic tracks have been criticized by horsemen and jockeys, but adjustments in maintenance alleviated some of the concerns. Some trainers who were early critics took a c’est la vie approach, figuring that criticizing the synthetic surfaces was akin to complaining about the weather: that it wasn’t going to change anything.
However, late last year, the California Thoroughbred Trainers board of directors came under fire from a rival group of trainers who formed an organization called California Horsemen for Change, which wanted, among other things, to have the synthetic tracks replaced with dirt. CTT, under president Jim Cassidy, has been supportive of synthetics. The California Horsemen for Change threatened to petition to become the representative organization for trainers, a move that convinced the current CTT board to resign en masse, paving the way for new elections (which have just been completed). According to a source, the newly formed CTT board will be dominated by a slate of candidates backed by California Horsemen for Change, though the CTT has not yet made the election results public.
Supporters of the surfaces say many of the critics have short memories, reminding them that their protests over track conditions in part led to the CHRB’s mandate for synthetics. A return to exactly the same thing in place before synthetics is not going to make anyone happy. There needs to be serious work on a track’s base, cushion and drainage, no matter what type of material lays on top.
STATISTICS SUGGEST SYNTHETICS ARE SAFER
The criticism of the synthetic tracks by horsemen flies in the face of statistics showing they are safer than the dirt surfaces that preceded them, at least as far as fatalities are concerned. What hasn’t been proven or disproven in statistical research is the common belief by many trainers that horses are sustaining more hind end or soft-tissue injuries on synthetics than they were on dirt.
In addition, a growing number of jockeys are saying that synthetic surfaces are more dangerous than dirt if they are involved in spills. Two jockeys, Rene Douglas and Michael Straight, suffered severe spinal injuries on Arlington’s Polytrack this summer, and Julia Brimo suffered a spinal injury in a spill at Keeneland in this fall.
According to statistics compiled by the CHRB’s equine medical director, Dr. Rick Arthur, the number of equine fatalities per 1,000 starts has declined significantly at every track in California. Santa Anita Park, for example, had 2.81 fatalities per 1,000 starts in the four years prior to the synthetic installation; that number has fallen to 1.64 per 1,000 since the conversion. (Hollywood Park has gone from 2.87 to 1.57/1,000; Del Mar from 2.47 to 1.65/1,000; Golden Gate Fields from 3.90 to 1.84/1,000). Click here to see the complete set of statistics.
One Southern California trainer who supports the synthetic tracks said it’s his understanding Santa Anita has had 30,000 recorded workouts without an ambulance run. He said in the days of a sealed dirt track and the aftermath of sealing the track, it was difficult to even plan workouts because there were so many breakdowns during morning training hours.
Del Mar, which has studied results over its Polytrack surface extensively, has statistics showing an overall reduction in the number of post-race injuries, in addition to a reduction in fatalities. Click here to see Del Mar’s statistical report.
“We think we have achieved a measurable increase in safety,” said Craig Fravel, Del Mar’s executive vice president. “Has it done everything we had hoped it would do from the beginning? It probably has not lived up to that. Would we do it again? Yes. I don’t think we’ve done as good a job as we should have done in making the case for the tracks in this tradition-bound industry. But we are confident we did the right thing.”
Many horseplayers insist they are betting less on California tracks since the synthetics were installed. Craig Dado, Del Mar’s director of marketing, isn’t convinced. “There’s nothing we can point to that says the fans are betting less,” said Dado.
In fact, when synthetics were installed, they almost resulted in increased handle at some tracks, due to larger field size. But then came an economic crisis and a recession that saw wagering volume falling at most tracks around the country and fewer owners to fill races with horses.
“There has been criticism that the synthetic tracks are unpredictable,” said Fravel. “But winning favorites at Del Mar have been at 30-31%. There are a lot of differences: they are not as speed favoring as the old California tracks and some people have had to throw out their traditional handicapping methods. It creates issues for people. If they were winning money before and they aren’t now, I consider their angst. There are a lot of people who don’t like these tracks because they are different. But empirical analysis, an intelligent, thoughtful approach, has been lacking. I know handicappers who love the synthetics, partly because they are contrarians. Gamblers all over the world have been betting on that kind of racing for many years and doing so happily. Asking for people to do something different isn’t easy.”
Back to Hess’s belief, that synthetics are better for the horses but not as good for the handicappers, Fravel stood his ground. “We are going to make that choice in favor of what’s best for the horses,” he insisted. “At the same time, it’s incumbent on us to put out better information to make the handicapping issues less significant. I don’t think these are mutually exclusive. “
Copyright © 2010, The Paulick Report
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Tags: bob hess, California Horse Racing Board, CHRB, craig dado, craig fravel, Del Mar, Frank Stronach, golden gate fields, Hollywood Park, Horse Racing, injuries, jerry moss, keith brackpool, Magna Entertainment, Paulick Report, polytrack, pro ride cushion track, Ray Paulick, richard shapiro, rick arthur, ron charles, santa anita, Synthetic surfaces, tapeta, tapeta footings, zenyatta
Posted in California, California Horse Racing Board, Synthetic surfaces | 75 Comments »
Wednesday, February 4th, 2009
By Ray Paulick
December was a cruel month for Richard Shapiro, who stepped down as chairman of the California Horse Racing Board on Dec. 15, only a few days after learning that a significant portion of his life savings and pension was lost in the $50-billion Ponzi scheme allegedly perpetrated by Bernard Madoff.
January wasn’t much better.
Shapiro on Jan. 12 sent a letter asking for help from his Congressman, Brad Sherman, a Democrat representing the San Fernando Valley near Los Angeles. He suggested, among other things, that Sherman push for the Internal Revenue Service to relax time restrictions for victims to recover taxes they paid on false income reported to them by Madoff. Shapiro sent the letter to some other members of Congress and to another Madoff victim he knew, asking that he consider writing similar letters to elected officials. He also suggested his friend contact others who lost their investments, urging them to write members of Congress for help.
Shortly thereafter, the letter Shapiro thought was private was being widely distributed by California-based Thoroughbred owner Jerry Jamgotchian, who for the past few years has been a relentless critic of Shapiro and many of the policies he influenced as CHRB chairman. Shapiro’s personal tragedy became a very public matter.
How Jamgotchian got a copy of Shapiro’s letter, however, is in dispute.
Shapiro insists Jamgotchian was forwarded a copy of the letter by Los Angeles attorney Roger Licht, whose CHRB seat Shapiro filled when he was appointed to the board by Republican Gov. Arnold Schwarzenegger in October 2004. Licht, an appointee of Democrat Gray Davis, served from February 2001 through July 2004, including one year as chairman, in 2003. Shapiro was chairman from January 2006 until his resignation from the board last December.
Both Licht and Jamgotchian deny Shapiro’s charge that Licht sent Jamgotchian a copy of the letter.
The other Madoff victim contacted by Shapiro forwarded a copy of the letter to Los Angeles entrepreneur Steve Weston, who also was victimized in the investment scam. When rumors about Shapiro being stung by Madoff began circulating in horse racing circles, Shapiro contacted Weston to find out whether he had forwarded the letter to anyone else, and Weston confirmed he had sent it on Jan. 13 to Licht, who was representing him in the Madoff case.
On Jan. 15, when the first published reports of Shapiro’s letter to Rep. Sherman appeared, Weston sent an email to Shapiro saying he had “queried Licht as to whether or not he had sent it to anyone. It was at that point,” Weston continued, “that he told me that he had faxed it to some guy I had never heard of named Jamgotchian. When you and I spoke later that same morning you asked me to call Licht and confirm who he had sent it to and ask them to stop sending it out, I did as you asked. I called Licht again and he confirmed it was Jamgotchian he had sent it to. He placed the phone down so that I could hear him call this guy and I heard him ask Jamgotchian to please stop sending the letter out to anyone else. When he got back on the phone with me he told me that Jamgotchian had told him that he would stop.”
Licht was asked by the Paulick Report if he had sent a copy of the letter to Jamgotchian. “No,” he said. “What’s this all about? You’re the third reporter who’s called about this.”
When Weston’s email to Shapiro was read to Licht, he responded, “I don’t know what Steve Weston is talking about.”
“He told you that?” Weston said, when informed by the Paulick Report of Licht’s comments. “I have emails from him to me apologizing for what he did. I was also on the phone with him when he called Jamgotchian and asked him to stop sending it around. Did he actually deny it? I’m surprised to hear he would lie like that.”
Weston went on to say it would be “ludicrous” to criticize Shapiro or anyone else who invested money with Madoff. “Look at the people who got burned,” he added, “people like Mort Zuckerman and Steven Spielberg. Some of the smartest people in the financial world were victims. This was a failing of the SEC. No investor’s judgment should be called into question.”
“I question the ethics, morals and purpose for Mr. Licht in turn forwarding a copy of the letter to Jerry Jamgotchian,” Shapiro said in a statement. “Clearly doing so was not related to the services he was asked to perform as an attorney representing a client, and his dissemination of my letter to an unrelated third party was done with the sole purpose of malicious intent towards me at the minimum.” Shapiro now questions if it’s possible “much of what Jamgotchian has claimed for years has in fact been fed to him by Licht since he was a prior member of the CHRB.”
Jamgotchian readily admits distributing Shapiro’s letter but categorically denies receiving it from Licht.
“Shapiro is nothing but a blatant and pathological liar,” Jamgotchian said. “Put that in red letters and bold. Somebody faxed it to me. I got it two days after the fact, and I immediately started blasting it out (Jan. 14). I got it from somebody in the press. Why would I get anything from Roger Licht? That’s like saying I got it from (CHRB acting chairman) John Harris. They’re (CHRB) not going to help me with this.”
Jamgotchian’s public criticism of the CHRB and Shapiro began in 2005, after Licht had left the board. Jamgotchian has filed several complaints against the CHRB since then and has been a constant thorn in Shapiro’s side. The Paulick Report asked Jamgotchian why he has been so critical of Shapiro, who is best known for pushing the mandate that California tracks install synthetic surfaces.
“The destruction of California racing,” Jamgotchian said. “My inability to race in California. The destruction of the California breeding industry. The inability to race on dirt tracks. Millions of dollars he’s cost me as an owner. Loss of purses in California. The ADW mess. Reduced track attendance. Closing of racetracks in California. Increased training and vet fees. When I sold all my horses at a huge loss at Barretts. He’s solely responsible for it. He and his stupid decisions with synthetic racetracks, heel nerving and other mistakes he’s made. The last thing he did was get the CHRB budget thrown out in front of the GO (Governmental Organization) Committee.”
In a later email, Jamgotchian wrote: “Shapiro vacuous decisions has put track employees, tote sellers and many horseracing people out of work and took away their dreams!”
After feeling his personal life had been invaded, Shapiro contacted Bloodhorse magazine and Thoroughbred Times to tell his side of the story and express his belief that Licht was responsible for sending a copy of the letter to Jamgotchian. Neither publication, Shapiro told the Paulick Report, would publish the story.
For his part, Shapiro said he has “endured for years the insults and ridiculous claims” from Jamgotchian. “It is beyond the bounds of decency that (Licht and Jamgotchian) would find joy in someone else’s difficulties,” he said.
Shapiro also said his resignation from the board was unrelated to the financial problems resulting from his Madoff investments. Shapiro, in fact, did tell the Paulick Report during a visit to Lexington for the Keeneland September yearling sale that he was contemplating leaving the CHRB and pursuing a non-regulatory industry position. He has been widely rumored to be a leading candidate to head up the Sacramento-based Federation of California Racing Associations.
“I remain committed and hopeful of helping the sport in any way possible,” he said.
Copyright © 2009, The Paulick Report
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Tags: bernard madoff, brad sherman, California Horse Racing Board, jerry jamgotchian, john harris, mort zuckerman, Paulick Report, Ray Paulick, richard shapiro, roger licht, steve weston, steven spielberg
Posted in California, California Horse Racing Board, People | 12 Comments »
Friday, August 22nd, 2008
By Ray Paulick
California racing fans who are curious why Del Mar’s leading trainer, John Sadler, reportedly has had 18 horses test positive for steroids since July 1 will have the opportunity to quiz him on the subject during a “Donut Days” promotion at the Southern California seaside racetrack Saturday morning from 8-10 a.m. The program, emceed by track announcer Trevor Denman, promises a “behind-the-scenes look into the world of Thoroughbred racing.” If medication issues come up with questions from the audience, however, it may not be the behind-the-scenes examination the track’s marketing department was looking to promote.
(UPDATE: Sadler scratched from Donuts Days)
 Sadler, with 25 winners from 83 starters at the current meet for a 30% win percentage, will saddle Zappa in Sunday’s Pacific Classic. But he’s been in the news this week following a search of his Del Mar barn by California Horse Racing Board investigators and the disclosure by CHRB executive director Kirk Breed that Sadler’s horses have accounted for 18 of the 38 positive tests among all trainers for anabolics since July 1. Mike Mitchell, who is second behind Sadler in the Del Mar trainer standings, has had 10 horses test positive for anabolic steroids, according to Breed. Those figures were first reported by Thoroughbred Times. A total of 418 tests have been conducted.
Jeff Mullins, third in the trainer standings, is facing a possible suspension and fine after one of his horses exceeded the permitted level for TCO2 (bicarbonates, or milkshaking). The positive occurred while Mullins was on probation for an earlier violation. Doug O’Neill, who is fourth in the trainer standings, was forced to have his horses stabled in a detention barn at the outset of the Del Mar meeting because of an earlier medication charge by the CHRB.
Sadler currently is president of California Thoroughbred Trainers and Mullins is on the organization’s board of directors.
The CHRB’s ban on anabolic steroids was phased in after testing began July 1, with warning letters issued for positive tests during the month of July. Starting Aug. 1, a positive test was to be considered an official violation, with a notation on the trainer’s record and public notification, but no penalties were to be assessed until Sept. 4, when steroids are reclassified from Class 4 to Class 3 drugs. Beginning with races on Sept. 4, steroid positives could result in a fine, suspension and redistribution of the purse.
The CHRB’s chairman, Richard Shapiro, and executive director Breed have admitted with the benefit of hindsight that the phased-in approach was a mistake. On Thursday, the CHRB took an additional step of announcing that any horse administered anabolic steroids on or after Aug. 22 will be placed on the vet’s list for a minimum of 30 days.
A Thursday press release from the CHRB quoted an “obviously angry” Shapiro saying, “We mean business!” after the board’s medical director, Rick Arthur, reported at a Medication Committee meeting that some trainers were still using steroids. The press release also quoted CHRB vice chairman John Harris saying: “We will have no sympathy for any owners or trainers who flaunt our rules.” The meeting occurred the day after the search of Sadler’s barn.
The “Donut Days” promotion takes place at the west end of the grandstand. Other scheduled guests are retired Hall of Fame jockey Eddie Delahoussaye and Jockeys’ Guild representative Darrell Haire.
Donuts are being provided by Yum Yum Donuts.
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Tags: anabolic steroids, California Horse Racing Board, california thoroughbred trainers, CHRB, ctt, darrell haire, Del Mar, donut days, doug o'neill, eddie delahoussaye, jeff mullins, john harris, john sadler, mike mitchell, milkshaking, Paulick Report, Ray Paulick, richard shapiro, rick arthur, steroids ban, tco2, trevor denman
Posted in California, California Horse Racing Board, Medication, Regulatory Issues | 5 Comments »
Thursday, August 21st, 2008
By Ray Paulick
The definition of the term “illegal” has always been a bit fuzzy in the horse racing world, especially among trainers. Several years ago I asked a very prominent horseman point blank if he was giving the blood-doping agent EPO to his horses as racing’s rumor mill had it. His response was a non-answer. “It ain’t illegal.” I assured him that the drug was, in fact, quite illegal, and that there were harsh penalties for anyone who got caught using it.
His reply surprised me. “How can it be illegal if they can’t test for it?” he asked.
Reminded me a little of former President Bill Clinton’s testimony to a grand jury about his affair with Monica Lewinsky. “It depends on what the meaning of the word ‘is’ is,” Clinton said, explaining why he told White House aides there was nothing going on between he and the intern.
The definition of what’s illegal and when are legitimate questions concerning the phased-in ban of anabolic steroids by the California Horse Racing Board. Monday’s search of the barn of Del Mar’s leading trainer John Sadler and comments by state regulators indicate not everyone has been on the same page in regard to the ban on steroids. The CHRB and its medical director, Dr. Rick Arthur, hoped all trainers and veterinarians would follow the guidelines suggested during the process of reclassifying anabolic steroids from Class 4 to Class 3 drugs (according to Association of Racing Commissioners International guidelines). That apparently hasn’t been the case.
Sadler said he and his attorney, Donald Calabria, have discussed possible litigation as a result of the barn search.
The first directive was issued by the CHRB May 12. That was followed by a May 26 informational Q&A that suggested, among other things, that trainers and veterinarians “not use anabolic steroids beyond this point.” But the Q&A also said there would be a period beginning July 1 when testing for steroids would be conducted but nothing more than a warning letter would be sent for positive tests. On July 24, CHRB executive director Kirk Breed issued a directive saying, effective Aug. 1, the board would begin to “strictly enforce all regulations concerning anabolic steroids and will no longer issue ‘unofficial notices’ when the test samples reveal unauthorized levels of anabolic steroids …complaints will be filed against trainers or other licensees alleged to have violated the regulations.”
Then, on Aug. 8, Breed issued another advisory saying the CHRB “will begin enforcement of the amended (steroids) rule” effective with races run Sept. 4.
From my reading of those directives and advisories, steroids became “illegal” on Aug. 1, with violations going on a trainer’s record, but there would be no penalty for positive tests until Sept. 4 because of California’s bureaucratic process of adopting new regulations. Trainers would effectively be on an “honor system” between those two dates. That’s kind of like saying it’s illegal to go over the speed limit on a highway this month, but the police will only give you a warning if they catch you speeding. But next month, when they start issuing tickets with penalties, you’d better slow down!
“We are trying to implement this enforcement regulation in the most logical, timely way,” CHRB chairman Richard Shapiro said in one of the advisories. “We have given notice to the owners, trainers, veterinarians and other track personnel. It is part of the process. The administration of all anabolic steroids to horses in competition must stop immediately. Complaints will be issued. The hammer is coming down. In this way, we are protecting the public and all of those who are playing by the rules.”
Apparently it’s a velvet hammer that chairman Shapiro is wielding until Sept. 4. And I wonder how the public is being protected by having rules that have no teeth for enforcement. While most trainers followed the guidelines, some apparently have not, and the betting public has no way of knowing who is and who isn’t giving steroids to their horses.
One of Sadler’s principal owners is Gary Barber, who with his brother, Cecil, has won more races at Del Mar this season than anyone else. (Another of Sadler’s owners is CHRB commissioner Jerry Moss.) Barber was extremely upset about the barn search and any suggestions that Sadler is doing anything illegal.
“John is a stand-up guy and there is no reason to believe that there is anything he’s done beyond what’s in the rules and regulations,” Barber told the Paulick Report. “It’s quite shocking to me that these people without any evidence or knowledge have gone on a witch hunt and are trying to recover from the mistakes they made themselves.
“It’s all about steroids,” Barber continued. “I’m a total supporter for getting rid of them. We’re all for cleaning up the game. Lots of people have been receiving letters (warning of positive tests for steroids). These letters are purely notifications that in the future this will not be tolerated.
“You either should ban something or not; there’s no in between. They should have said ‘no use, period.’ But now they regret the decision they made and are trying to find scapegoats. Wait till Sept. 4 and go after everybody at the same time. Write the rules and abide by them.”
CHRB executive director Breed, commenting in a published report, admitted it was a “mistake” to phase in the ban on steroids.
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Tags: anabolic steroids, association of racing commissioners international, California Horse Racing Board, cecil barber, CHRB, Del Mar, donald calabria, gary barber, Horse Racing, jerry moss, john sadler, kirk breed, Medication, RCI, richard shapiro, rick arthur, steroids
Posted in California, California Horse Racing Board, Medication, Regulatory Issues | 11 Comments »
Thursday, June 19th, 2008
The Paulick Report will be blogging live from Thursday’s hearing on horse racing from Washington, D.C.
9:45…The guests begin to assemble for the hearing on “Breeding, Drugs, and Breakdowns: the State of Thoroughbred Horseracing and the Welfare of the Thoroughbred,” and Christian Fjeld, staff counsel for the subcommitee on commerce, trade and consumer protection, doesn’t seem very happy about Rick (no show) Dutrow. “We havent heard from him, so we are still expecting to see him here, Fjeld said. “His chair and name placard will be here unless we here from him before the hearing starts.” Fjeld said it is “unusual” for someone not to call the committee to say they are unable to attend.
“Unusual?” That’s a good way to describe Mr. Dutrow.
9:50…Debbye Turner, correspondent for the CBS Evening News, is here to put the finishing touches on a piece she has been working on about Jess Jackson and the horse racing industry. She said it will air tonight. TV people sure look a lot better than print folks. She’s seated next to me and Joe Drape of the NY Times, which could make anyone look good.
9:55…The room is filling up quickly. Heavy press attendance and horse racing folks who are not testifying, including Roy Jackson, who raced Barbaro with wife Gretchen.
10:07…Meeting called to order by Democratic Rep. Jan Schakowsky of Illinois. She acknowledges subcommittee chairman Bobby Rush of Illinois (yes, the former Black Panther, but that is sooo yesterday), who is recovering from a serious health issue. She then reads an opening statement that charges horses racing are “doped with cocaine, caffeine and anabolic steroids.” A breeding expert apparently, she goes on to talk about how Eight Belles was inbred too much to unsound horses. Someone on her staff must be a Bill Nack fan. Nack wrote a piece critical of the pedigree of Eight Belles, who died in the Kentucky Derby, being inbred to Native Dancer. “It has become almost impossible to tell what their natural condition is (because of doping).” Oh, brother, this is going to be a long day. “What’s going on here?” she asks. Hey, that’s not fair to use that slogan. The Blood-Horse editorial page owns that. “Work with us to clean up your sport,” she says.
10:12…Next up is Rep. Ed Whitfield of Kentucky, the ranking Republican of the subcommittee. He cites three primary problems. “Our horses race more on drug induced ability than on natural ability,” Whitfield says. Second problem, he said, “is a lack of transparency.” Third issue “is a lack of an authority to make decisions and enforce rules and regulations. There is not any one entity that can enforce regulations.”
10:15…In fairness to No Show Dutrow, Joe Drape leaned over and said, “They lie,” in reference to politicians. What? OMG. “I know for a fact Dutrow called Whitfield’s office,” he said. Sorry, Rick. You’re absence is excused as far as I’m concerned.
10:10…Rep. Cliff Stearns of Florida talked about his home region in Ocala, Fla., then shifted to Eight Belles. “Was this a freak accident with Eight Belles?” He said he doesn’t want the federal government to run horse racing. “I don’t want you to work with us. I want you to work without us,” he said. Stearns talked about “rainers who give their horses cocaine and all they get is a slap on the wrist. Stearns said horses are committing suicide. I wonder, do they have mental problems, too, in addition to their physical weakness?
10:25…Rep. Lee Terry of Nebraska saluted Jack Van Berg, the Hall of Fame trainer who will be testifying later. Terry said he worked at Ak-sar-ben (hey, that’s Nebraska spelled backwards!) during college and the Van Berg name was huge back then. Wonder if the good Congressman knows Ak-sar-ben is toast.
10:30…After all the opening statements by congressman are finished, acting chairman Schakowsky states, “This hearing is completely bipartisan.” That could be a first in this town.
10:35…Schakowsky slaps Dutrow a hard one. “Disappointed” by his absence, she says. Lot of chuckles from the audience when she says she hopes, after he feels better, Dutrow will join the efforts to clean up the sport. Now I am conflicted. Who should I believe: Joe Drape or a politician?
10:37…Alan Marzelli of the Jockey Club is the leadoff hitter. Says he is “grateful” to be here. Anyone have a lie detector machine around here? A look around the room shows it is standing room only. “The thoroughbred safety committee’s work has just begun,” Marzelli says, after outlining the recommended changes the committee announced Tuesday. Marzelli said he is “confident” that 2008 will be the last year anabolic steroids are used in horses for racing or training.
10:43…Richard Shapiro, chairman of the California Horse Racing Board gets off a good line: “We used to have twice the horses and half the vets. Today we have twice the vets and half the horses.” Is “pharmacopia” a word? Shapiro used it to describe the prevalence of medication in racing today. He cites clenbuterol as an example of a drug that is misused. “It was intended for cattle,” he said.
10:46…Shapiro cut off by the chairman…”You have one minute left.” He reads faster! Shapiro wants a national racing charter with one set of rules for all. He is against a national regulatory body, but wants a national racing commission. Not sure I understand the difference.
10:50…Van Berg not happy with the status quo. He needs horses, and he should tell the chairwoman that Alysheba isn’t dead (unless she knows something we don’t…thanks for the comment and the heads up Alicia)
10:53…Randy Moss is g-oo-oo-oo-d. He should be on TV, he is so Randy. Great inflections and solid commentary. He talks about how U.S. racing’s emphasis on drugs has hurt the sport, then slowly says: “This…must…change.”
Moss for racing commissioner. Seriously.
10:56…Arthur Hancock has a tough act to follow, but his folksy Kentucky accent should go over well. “No one’s in charge,” said Arthur. We’ve heard this over and over, and it’s been Arthur’s mantra for many years. Will this change things? “Chemical horses make chemical babies,” he said, discussing drugs. Great story about the cat and mice. Finishes on a nice touch, quoting Winston Churchill with a twang.
11:03…Jess Jackson trumps Arthur Hancock! “I’m an eighth-generation horseman,” he proclaims. Arthur, the poor sap, is only a fourth generation horseman. And Jackson said he saw Seabiscuit…the horse…not the movie! I heard the movie was better than the horse. But the book was better than both. But seriously. Drugs? “Ban them,” he says. Jackson also wants more disciplinary measures taken against veterinarians. David Foley, executive director of the American Association of Equine Practitioners looks sternly in Jackson’s direction and whispers something to veterinarian Wayne McIlwraith, who speaks on the second panel. Jackson wants a national owner’s organization and said two words should be changed in the Interstate Horseracing Act to accommodate a national owners’ organization to negotiate with the tracks. I’m afraid Jackson is going to get the gong from the chair if he doesn’t wrap it up.
11:10…Question time from the chair. Do you believe in a national body? Yes or no? All say yes (but Marzelli says “industry” not “government”). Mixed responses about the federal government regulating drugs: Marzelli was a clear “no,” but the others say yes, some with conditions. Should all drugs be eliminated? Yes, all around. This should be easy, then, right? She’s onto Marzelli’s confidence about swiftly changing the drug rules nationally. Why? “I’m an optimist at heart,” Marzelli said. “We certainly make it difficult on ourselves.” Now he is patting himself on the back about creating Equibase…there’s a smokescreen if I ever saw one to avoid a very good question.
11:16…Whitfield aims at Marzelli, too, about the powerless of the Jockey Club to get its recommendations adopted. “What power do you have?” he asked. “We have the power of persuasion and consensus building,” Marzelli said, in a very low tone. “I would like to see the industry regulate itself.”
11:23…”The Jockey Club is a fiefdom!” Jackson says in response to a comment from Marzelli. Much laughter from the audience. Congress wants to enforce rules against inbreeding or wants the Jockey Club to do that? Marzelli is against these “selective and arbitrary measures.”
11:28…”The army needs a general,” Hancock says, in reference to a change in the Interstate Horseracing Act putting owners in charge of simulcast contracts.
11:30…Voting break.
What he would have said. Dutrow’s written testimony:
When I was contacted by one of your staffers and asked to speak here today I agreed because I wanted to share my insights and points of view on some of these issues and I hope that I can be helpful here.
I also hope that I was not asked to be here because of some of the problems I have had in the past. I hope your staff people were sincere in inviting me because they valued my insight. I want to be part of the solution and not part of the problem.
I also ask for your patience today. I’m not always the best at explaining things. I’ve been taking care of horses all my life. I dropped out of high school more than 30 years ago to take care of horses and sometimes I think I do better with horses than with people.
As you may know, I am the trainer for Big Brown, the very talented horse who won the Kentucky Derby and the Preakness this year. Despite my best efforts and those of the team of people around him, he did not win the Belmont Stakes but that’s horseracing. Big Brown is healthy and our plan right now is to keep him racing this summer and fall.
In addition to Big Brown, I am responsible for approximately 150 horses at any one time – 110 in active training and 40-50 at various farms getting ready to race. My operation has about 75 people, including grooms, stable hands, exercise riders, blacksmiths and vets, who care for our horse on a daily basis.
While some people’s focus is on the big days, we care about our horses and keeping them safe 365 days a year. Taking care of horses is a way of life for us. Our horses get the best care we can give them. They are gifted athletes and are trained to give their best performance when they run.
During the Triple Crown, I was asked several questions about my past and I expect those will come up today so let me address them.
My barn has been penalized in the past for medication violations. I was suspended and fined five years ago when traces of a prohibited substance, mepivicaine, turned up in a test for one of my horses. I said then that we don’t use it and I don’t know how it happened.
We have also had violations when legal, permitted, therapeutic medications have shown up in race day tests because they were given to the horse too close to the race. That’s something that many trainers in the country have had to deal with. But I take responsibility for the condition of my horses.
During the Triple Crown I told the media that my horses are given Winstrol on the 15th of each month. This is an FDA approved medication and is within the current rules of racing in most states. It is something we started a few years ago at the recommendation of one of our vets.
People have asked me why I do it. My observation is that it helps the horses eat better. Their coats brighten. They’re more alert. It helps them train. Having said that, our barn has won hundreds of races with horses that weren’t on steroids. Earlier this winter, I won two one million dollar races in Dubai, where steroids are prohibited. If steroids are banned in the United States, we’ll stop using them.
I also said that I’m not qualified to speak to the science of it. For that, I would suggest that you talk to the vets and scientific experts.
Thank you.
12:05…During the break, Congressman Whitfield’s wife, Connie, has subcommittee staff counsel Fjeld cornered. She, of course, is the vice chair of the Kentucky Horse Racing Authority accused recently by Kentucky State Sen. Damon Thayer of having a conflict of interest.
Interesting observation about the first panel from a Washington insider: “Well, they got that one set up just like they wanted.” In other words, the subcommittee is pushing for national oversight, and with the exception of Marzelli, all the witnesses said some form of national oversight is necessary.
12:25…Having some technical issues (hey, the Internet’s still new, right?).
During some lively (?) questioning from the chair, Arthur Hancock says the veterinarians are getting rich giving all those drugs to horses. Bet Arthur wishes he would have studied harder at Vanderbilt and gone to vet school. Foley and McIlwraith of the AAEP simultaneously lean forward with increased interest.
Moss makes a good comment in response to a question from Whitfield about why people don’t want a national authority. “Fear,” Moss says, “fear of lack of control.”
Van Berg sounds bitter talking about these “young guys” who come onto the racetrack and want to win and will do anything to win. “The veterinarians are mostly training the horses now,” he says. “If you don’t know what’s wrong with the horse yourself, you shouldn’t have a trainer’s license.”
12:36…Hancock was asked why the various organizations can’t work together, and whether any one organization is worse than others. He said no one was worse than others. “Ego has a lot to do with it,” Hancock said. “They all envision themselves as the saviors of racing. They have their own CEO. It’s some good people trying to pull a wagon, but they’re all pullin’ in different directions.
12:43…Whitfield asks Marzelli if the Jockey Club gives money to organizations that rescue or retrain Thoroughbreds for careers after racing. Like a good politician, Marzelli avoids the direct question, talking about the Jockey Club Foundation for human charities and the Grayson-Jockey Club Research Foundation that funds research on horse health issues. Whitfield repeats the question. Marzelli responds: “We believe every owner is responsible for their horse.” In other words, the Jockey Club does not support horse rescue/retraining operations. At least the Jockey Club is opposed to slaughtering horses, according to Marzelli…and probably babies, too.
12:48…Second panel, mostly veterinarians reviewing research, so for the next 45 minutes or so I’m going to do all I can to stay awakezzzzzzzzzzzzzzzzzzz.
12:54….Rep. Pitts of Pennsylvania stifles a series of yawns during Dr. Stover’s testimony reviewing statistics on fatalities at California racetracks over the past 25 years. Whitfield learns forward and does that squinty thing with his eyes, suggesting he is trying very hard to understand all this data flowing his way. Nowhere near the fireworks of panel one. But wait till Alex Waldrop is up and the subcommittee members turn on him.
1:00…Wayne McIlwraith takes the mike. He is one of the best veterinarians in the business and has probably presented research thousands of times during his distinguished career. If every practitioner at the racetrack had his ethics and knowledge, we wouldn’t be in such a mess.
Incidentally, for those who want to read the testimony of the veterinary panel and the previous panel, their written statements will be posted on the subcommittee’s web site later today: http://energycommerce.house.gov/Subcommittees/ctcp.shtml
1:10…Dr. Mary Scollay is reading too fast for me to comprehend at this stage, but I think she must have had some Jockey Club Kool-Aid during the break. She said “Jockey Club” a whole lotta times during her review of the research she’s been involved with.
1:12….Allie Conrad has a lot of passion for what she does at CANTER Mid Atlantic, and the subcommittee members seem to paying far more attention to her than to the previous veterinary presenters. Perhaps it’s because she is talking in layman’s terms, or maybe because she is “on message” with what the subcommittee wants to hear. In talking about some of the horses she ends up with at CANTER, she said: “These horses weren’t injured from a freak accident or a tragic misstep. They were injured over time with the assistance of trainers, owners, and veterinarians — all who shoud have put the horse’s welfare as a higher priority. … Racing is not bothering to take care of its own horses, and are allowing the public — often not even racing fans — to take care of the problems.” Powerful stuff and effective with the committee members, I’ll bet.
1:18…Here comes who I bet will be the day’s whipping boy, NTRA’s Alex Waldrop, who proudly said his organization is a “consensus builder.” Alex sounds defensive already, like he knows what’s coming during the Q&A session later. Maybe he can be saved by the bell (when the members have to go vote.)
1:21…Waldrop is almost shouting now. “This industry is no longer a rudderless ship.” Take that Arthur Hancock! “The last thing this industry needs is yet another layer of regulation.”
1:26…Brief question session because of an upcoming vote. Whitfield doesn’t ask a question of Waldrop but makes a statement to him: “I don’t think it’s unreasonable for the government to set minimum standards. I think the first panel displayed very clearly that there are serious problems within the industry.”
1:30…Who’s to blame, one Congressman asks, for the drug problems in racing? The consensus answer from the panel: “everyone.”
1:32…Hearing adjourned abruptly for a vote. Alex Waldrop walks away and mutters, “Saved by the bell.” Wonder if he’s been reading my blog?
Line of the day from Jack Van Berg when asked what it’s like to train horses today: “It’s chemical warfare out there?”
That is all for now….
Copyright ©2008, The Paulick Report
Tags: Alan Marzelli, alex waldrop, Allie Conrad, arthur hancock, Barbaro, CANTER, Cliff Stearns, Congressional Hearing, ed whitfield, Horse Racing, jack van berg, Jan Schakowsky, Lee Terry, Mary Scollay, randy moss, richard shapiro, rick dutrow, Roy Jackson, Wayne McIlwraith
Posted in Congressional Hearing | 52 Comments »
Sunday, June 1st, 2008
Will they or won’t they?
That’s the big question I have about a group of U.S. Congressmen who have nothing else to do (health care, foreclosure crisis, soaring gas prices, Iraq war?) but put the horse racing industry in the crosshairs during a hearing on Capitol Hill Thursday entitled “Breeding Drugs and Breakdowns: The State of Thoroughbred Horseracing and the Welfare of the Thoroughbred.”
The Paulick Report will attend the hearing and “live blog” the event, which begins at 10 a.m. EDT.
Will the U.S. House of Representatives’ subcommittee on commerce trade and consumer protection recommend federal intervention in the form of national oversight or national horse racing authority of some type? Led by Arizona senator and current presidential candidate John McCain, Congress took on boxing in 1996 and created the Professional Boxing Safety Act when it determined that the individual state commissions regulating the sport were not acting in the best interests of the fighters to protect their safety and financial well being. They amended that act four years later with the Muhammad Ali Boxing Reform Act.
Cleaning up boxing wasn’t easy, nor have the federal reforms been wholly effective. Additional hearings on the sport have been held by the same subcommittee that is looking into racing, but there continue to be problems with enforcement of the federal boxing laws.
There is a precedent and a similarity between the two sports. Boxing and horse racing in this country are both regulated by state commissions, many of them with distinct rules and regulations. Both sports can occasionally be brutal, tragic and scandalous. Both boxing and racing have participants who can be exploited and whose health and welfare have been called into question by a sizable percentage of the public.
The federal government does regulate gambling on horse racing with the Wire Act and Interstate Horse Racing Act, but it does not delve into issues of the health, welfare and safety of its human or equine participants — at least not yet.
This same subcommittee of the House’s committee on energy and commerce has called in racing participants to testify on previous occasions: first, when the Jockeys’ Guild was being run amok by its leaders, and riders had limited catastrophic injury insurance; and second, earlier this year, when the use of anabolic steroids in several sports were questioned.
Based on who is providing testimony on Thursday, you can be assured that racing will come off as a divided industry, and one that is not able to make across-the-board reforms because of the multitude of state regulatory bodies. Another recurring theme you can expect is that the National Thoroughbred Racing Association and its president, Alex Waldrop, cannot speak on behalf of the industry in the same fashion that the commissioners of the National Basketball Association, National Football League and other major league sports do. In fact, according to sources, the NTRA had to fight with the subcommittee’s ranking Republican, Ed Whitfield of Kentucky, to even get Waldrop onto the witness list. Apparently, Whitfield and others were not happy with some backtracking Waldrop did after testifying to Congress about medication rules in February when he made comments that a number of NTRA members privately told him later they would not support.
The hearings have been called because Whitfield, more than anyone else in Congress, has been convinced by his wife, Connie (a member of the Kentucky Horse Racing Authority), among others, that racing has a drug problem that may take federal intervention to resolve. Whitfield’s poster child is Eight Belles, who died a tragic death after running a gallant second in the Kentucky Derby. Eight Belles did not race on steroids and was trained by Larry Jones, someone with a squeaky-clean reputation on medication use.
This showdown at Gucci Gulch will be an interesting display. During the first and more lively panel, horsemen Arthur Hancock, Jess Jackson and Jack Van Berg can be expected to say that the industry is badly in need of reform and isn’t doing enough to protect horses and people from “drugs and thugs.” Others, like California Horse Racing Board chairman Richard Shapiro and Jockey Club president Allen Marzelli, will point to changes they are trying to enact. The Jockey Club made a preemptive strike Tuesday by announcing its recommendations to ban steroids and toe grabs on racing plates and regulate whips.
Congressmen will pointedly ask what authority the Jockey Club or the California board has to enact the recommended changes in all racing states. Rick Dutrow, who trained Big Brown with permitted steroids to win the Kentucky Derby and has a long list of medication violations, is scheduled to be the closing act to the first panel and is the wild card in that group. Dutrow might say anything, although he has been coached by a p.r. adviser to defer as many questions as possible to others (and to not call any of the Congressmen “babe,” as he is wont to do with most people).
During the second panel, a number of veterinarians will send House members scrambling for NoDoz pills with statistical analysis of racing injuries and tedious descriptions of new surgical procedures. The two-act play will come to a resounding crescendo if Waldrop is brought in last, allowing Whitfield and others to make him horse racing’s whipping boy.
Powerful Thoroughbred people are betting their bottom dollar that no significant action will follow in Congress, and that the industry will be able to hide under the skirts of its longtime ally in Washington, Republican Sen. Mitch McConnell.
Depending on what happens in November’s election, however, McConnell may not have enough control to derail federal action. Thursday’s hearing may be just the tip of the iceberg.
By Ray Paulick
Tags: alex waldrop, allen marzelli, arthur hancock, California Horse Racing Board, connie whitfield, drugs, ed whitfield, eight belles, gucci gulch, Horse Racing, interstate horseracing act, jack van berg, jess jackson, Jockey Club, larry jones, muhammad ali boxing reform act, National Thoroughbred Racing Association, NTRA, Paulick Report, professional boxing safety act, Ray Paulick, richard shapiro, rick dutrow, subcommittee on commerce trade and consumer protection, wire act, Www.paulickreport.com
Posted in Congressional Hearing, Curlin, Florida, Horse Welfare, Industry, Medication | 6 Comments »
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