Posts Tagged ‘rick arthur’

WHERE SHOULD WE PUT THE BLAME FOR CALIFORNIA’S INCREASED FATALITIES?

Wednesday, February 24th, 2010

In an article from The San Diego Union-Tribune, recently released data shows that the last two years of racing have produced the most fatalities of any two-year period in California racing history.

However, equine medical director Rick Arthur contends this is due to the increased number of starts at Golden Gate after the closing of Bay Meadows and contends the reduction in deaths per 1,000 races is proof things are better than they were before.

Read it at The San Diego Union-Tribune

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

- Bradford Cummings

GILL’S GANG OF MISFITS

Tuesday, February 2nd, 2010

By Ray Paulick
It was no dream team that Michael Gill assembled to run his racing operation in Pennsylvania over the past year, at both his farm in Oxford, Pa., and at Penn National race course near the state capital of Harrisburg. In fact, the cast of felons and rule breakers working for Gill has proven to be a regulatory nightmare for the Pennsylvania State Horse Racing Commission charged with policing the sport in the Keystone State.

In the wake of the highly publicized decision Jan. 23 by Penn National jockeys to boycott races with Gill-owned runners, track management has asked the moribund racing commission to investigate allegations by the jockeys that horses prepared by Gill’s two principal trainers present a safety risk and have suffered a high number of catastrophic racing injuries. But, by law, there’s only so much the racing commission can do, even if the commissioners and top executives took their jobs seriously.

The commission can conduct post-mortem examinations on the horses that died while racing at Penn National. It can search the barn and interview employees at the track where Gill’s horses were, until the Jan. 23 incident, trained by Darrel Delahoussaye. But it cannot conduct any kind of investigation at Gill’s Elk Creek Ranch, where as many as 140 racehorses have been stabled and trained since Gill, a New Hampshire-based mortgage executive, reemerged as a racehorse owner in the second half of 2008 after a two-year hiatus. The commission, a division of the state’s Department of Agriculture, has no jurisdiction over “private property.”

Elk Creek Ranch is centrally located in Chester County’s horse country in southeast Pennsylvania, roughly 90 minutes from Philadelphia Park, Penn National, Laurel and Charles Town racetracks. It was purchased by Gill out of necessity earlier this decade when an increasing number of tracks opted not to give stalls to Gill or his trainers because of his aggressive claiming tactics. Gill unsuccessfully tried selling the property when he got out of racing in 2006, the year he received an Eclipse Award as the outstanding North American owner. The award recognized the 2005 racing year, the third consecutive year Gill led all North American owners by races and money won. He added a fourth title in 2009, when his stable piled up $6,670,490 in earnings after his horses won 370 of 2,247 starts.

But the 54-year-old Gill has done more than accumulate wins and money from horse racing purses. To go along with his own checkered past in the sport, Gill has assembled a team of trainers, veterinarians and affiliated bloodstock agents that have shown an almost habitual disregard for the rules of racing.

Here are some examples, based on law enforcement records and rulings from the Association of Racing Commissioners International:

-Gill, in the 1980s, was suspended or ineligible for licensing in Massachusetts and New Hampshire on different occasions for financial obligations. He decided to train his own horses in 1995 and was nailed for having injectable drugs, syringes and needles during a barn raid at Rockingham Park. The New Hampshire Racing Commission suspended Gill for three years. When he returned, he left the training to others. Gill’s RCI rulings.

-Anthony (Tony) Adamo, Gill’s 38-year-old racing manager and one of his trainers, compiled 11 separate violations in 2009, with fines of $3,300—mostly for entering ineligible horses in various races. Adamo, however, has no suspensions or major medication violations on his record during or prior to his association with Gill. Adamo’s RCI rulings.

-Trainer Darrel Delahoussaye, a 47-year-old trainer fired by Gill after Laughing Moon’s breakdown on Jan. 23 became the catalyst for the jockeys’ revolt at Penn National, paid at least $1,500 in fines following eight separate rulings in 2009 against him by the Pennsylvania State Horse Racing Commission.

Delahoussaye had his license revoked by the Louisiana Racing Commission in 1984 following a felony conviction and did not become eligible for reinstatement until 1993. Since then, he has been suspended twice for possession of needles, syringes and injectable drugs—once in Ohio in 1998 and once in Michigan in 2000.

The Ohio Racing Commission also suspended Delahoussaye for one year in 1998 after he was ruled to have “mistreated, abused or engaged in an act of cruelty to a horse; used appliance other than whip for the purpose of stimulating speed.” The appliance was described in court documents as a “wooden stick with stripped electrical cords stuck to it.” A veterinarian and two assistants testified seeing a horse at Beulah Park “jump two or three feet in the air” and then witnessed Delahoussaye unplugging an electrical cord from the wall. Delahoussaye appealed the case but ultimately lost. Delahoussaye’s RCI rulings.

-Cole Norman, 41, hired by Gill to train horses stabled at Elk Creek Ranch last summer, served nine months in jail for negligent homicide, a felony, and was released in January 2009. On Feb. 5, 2007, near Hot Springs, Ark., Norman drove head-on into a car driven by 86-year-old Virginia Heath,killing the woman who was a cousin of former President Bill Clinton. Norman, six-time leading trainer at Oaklawn Park, was found to be under the influence of prescription drugs, to which his attorney said he was battling addiction. Prosecutors said seven different drugs were found in Norman’s system at the time of the crash. Later that year while out on bail, Norman was again arrested for DUI and drug possession after reportedly sideswiping a row of mailboxes in Louisiana.

But Norman has also compiled a prodigious number of medication violations as a horse trainer. Since 1996, the son of the late trainer Gene Norman, has been assessed fines or suspensions in at least 30 cases involving medication violations in Louisiana, Arkansas, Texas and Oklahoma. In a rare foray to California in 2005, Cole was accused of milkshaking the horse Top Commander in the Grade 1 Bing Crosby Handicap at Del Mar. According to the California Horse Racing Board’s equine medical director, Dr. Rick Arthur, the total carbon dioxide level (39 millimoles per liter) found in Top Commander was the highest recorded of any horse in the 10 months milkshake testing had been conducted. “At 37, there can be some question (of how the TCO2 reached that level),” said Arthur, “but at 39 no one will argue with you that the horse was milkshaked.” Norman also had two TCO2/milkshake violations in Louisiana in 2006. Other rulings on his RCI rapsheet include possession of unlabeled medication in his tackroom and providing Oaklawn Park’s official clocker with incorrect names of horses working out. Norman’s RCI rulings.

-Veterinarian Kevin L. Brophy, 55, bases his practice at Penn National, but according to Tony Adamo is also Elk Creek Ranch’s principal vet. Brophy has 13 rulings in the RCI database, most recently a $500 fine from the Pennsylvania State Horse Racing Commission for submitting “an inaccurate vet treatment report” for a Gill horse named Monsoor on Oct. 23, the night the son of Mt. Livermore won a $4,000 claiming race at Penn National. After his next race, a Nov. 11 victory carrying a $5,000 tag, Monsoor pulled up lame and has since been sold by Gill to trainer/bloodstock agent Mark Wedig for $1.

Brophy has been fined a number of times during his career for failure to file complete or accurate veterinarian treatment sheets, and on one occasion in 2004 for “submitting a fraudulent treatment slip.” Brophy’s RCI rulings.

-Veterinarian Louis A. Grasso, who recently started working on horses from Elk Creek Ranch, was the central figure in two criminal cases involving banned medication and has had to surrender his racing license or had it denied in New York and New Jersey. In 1991, the 53-year-old Grasso, primarily a Standardbred practitioner, was convicted of the federal crime of selling anabolic steroids to an undercover agent. Nine years later, on April 11, 2000, the New York-based Grasso was under surveillance in Delaware while visiting a private racing stable and agents with the office of Narcotics and Dangerous Drugs attempted to stop him. A high-speed chase ensued on Delaware’s Highway 13, with Newcastle County police eventually pulling him over. According to a source, a “treasure trove” of prohibited drugs, including blood-doping agents, was found. Grasso pleaded guilty to a misdemeanor charge of resisting arrest and put on probation with the threat that any violations may result in charges involving confiscated drugs.

On the matter of Grasso’s license being reinstated by the New York State Racing and Wagering Board in 2005, a hearing officer ruled against him, saying “undisputed evidence in the case discloses that Dr. Louis A. Grasso has been convicted of serious felony grade crimes and that he has violated the conditions upon which his license was based.” The refusal was based on Grasso’s “experience, character and general fitness” being “inconsistent with the public interest.” Grasso’s RCI rulings.

-Finally, Mark Wedig, a trainer from West Des Moines, Iowa, is listed on bills of sale as the purchaser of a number of Gill horses in December and January—at a cost of $1 each–that were described to the Paulick Report by a one-time Elk Creek Ranch employee as too lame or too slow to compete. Wedig, 54, had his license suspended for five years by the Iowa Racing Commission, from 2002-07, for “conduct detrimental to racing” for forging signatures on claiming slips and lying to stewards investigating the case. The commission said Wedig acted in a “premeditated, corrupt, deceitful and fraudulent” manner that reflected “negatively on the integrity or best interests” of racing. Wedig’s RCI rulings.

DRILLING HORSES INTO THE GROUND
According to an individual at one time employed at Elk Creek Ranch who spoke on the condition of anonymity, Gill’s horses have been “drilled into the ground” since the arrival of Cole Norman as the farm’s trainer last summer. “Cole is set in his ways,” this person said. “He trains the crap out of them. They breeze every seven days (track condition permitting). They tap the joints of the horses, sometimes right after a race, and they tap ‘em every week, again and again and again if they don’t get sound. They are going to the well too many times. You are not supposed to tap a lame horse.”

The Paulick Report checked the references of this Elk Creek Ranch whistleblower, confirming as many of the details provided as possible. We feel confident the information provided is accurate.

Adamo, this individual said, is often the one who does the injections of hyaluronic acid and/or cortisone—a contention Adamo disputes. “Tony only does the upper and lower knee joints and the ankle,” the whistleblower said. “He doesn’t do anything behind. He probably would if he had more experience.”

“That’s why we have vets there,” Adamo said in response to questions about whether he injects horses on the farm. “We’ve given pre-race shots, or if a horse is sick we’ve given Banamine, but that’s as far as I’m going to go.

“I’m at Penn National one day at Philly Park one day,” he continued. “Between me and Cole we’ll go over the horses and give a list to the doc. Hopefully he does everything on that list. But it’s tough to get him there ( to Oxford) every day.”

Adamo defended his record as a trainer as it relates to breakdowns. "I had five breakdowns on all my starts there," Adamo said of Penn National. "I run just as many horses at Philly Park and had one there. I’m not blaming the racetrack, and I’m not justifying it. One is too many."

‘I’M NOT DISCUSSING ANYTHING’
According to the Practice Act of Pennsylvania governing veterinary medicine, animal owners or their employees are exempted from the rules requiring that only licensed veterinarians treat an animal, at least on private property. However, racing regulations strictly prohibit a trainer from injecting a horse or to simply be in possession of needles and syringes on racetrack property.

Norman isn’t currently licensed as a trainer because of his felony conviction and it isn’t clear when he can be reinstated. For the time being, while he is on parole, he is able to train on the farm and send the horses to the track, where they race under Tony Adamo’s name as the trainer listed in the program. The racing commission, because it does not have jurisdiction over the farm, isn’t able to determine whether or not Norman is the one actually training the horses.

The veterinary supplies are said to have been purchased through Kevin Brophy, who declined to comment to the Paulick Report on any aspect of his relationship to Gill’s operation. “I’m not discussing anything,” Brophy said.

Grasso, reached in New York, said he only recently started working on Gill’s horses, adding that it doesn’t bother him that he can’t take his veterinary practice to the racetrack. “I don’t even go for it (his license),” Grasso said. “I’ve got my farm, got a clinic (in Orange County, New York). That’s all I need.”

The horses at Gill’s farm are well-cared for, the Paulick Report informant said. “If you walk in the barns, you wouldn’t say the horses are underfed or neglected. It’s more the medical treatments, the tapping or the training of sore horses. It’s a shame, because it’s a really good group of grooms that take care of the horses.”

That observation was backed up by Gail Emerson, a humane police officer sent in by the Large Animal Protection Society Jan. 29 for a surprise inspection of the Elk Creek Ranch horses after the organization received an anonymous complaint last week. “Everything was perfect,” she told the Paulick Report. “The horses were well fed, with plenty of water. Every horse I went by came to the front of the stall with their ears pricked.”

Yet there have been dozens of horses vanned off the farm to parts unknown in recent months, some of them described by the Elk Creek Ranch whistleblower as “three-legged lame” or with terrible skin or joint infections. “They joke about how these horses are going to the Girl Scouts in Nebraska or to the zoo,” the individual said, the latter a possible reference to the nearby Bravo Packing company in Carney’s Point, N.J., a company that makes food for zoo animals out of horse meat. When another employee complained about the jokes, the employee was told, “At least we’re not selling them at the (killer) sales; they’re going right to the factory.” The Paulick Report has not been presented with any evidence that a large number of Gill’s horses have ended up at a Canadian slaughterhouse or at Bravo Packing.

Mark Wedig, the Iowa trainer who described himself as a “small fry,” was listed as the buyer of a number of horses Gill sold for $1 each in December and January, including Monsoor, Shes a Cure, Cotton King, Sir Ray, Devil’s Squeeze, My Dance Partner, Phantom Regiment, Taxability, Hector the Connector and Rushing Stag.

Wedig told the Paulick Report he sold Cotton King, said to have a badly infected leg, along with “two mares” to a breeder he knew only as “Charles,” a man Wedig said plans to send the horses to Belize in Central America. Someone whose name he couldn’t remember said he wanted to breed Sir Ray to some mares in Iowa. A barrel racer in southwest Iowa got two of the Gill horses from Wedig, who said he didn’t have a name or phone number for her. Wedig said he plans to rehab the rest at the In Front training center near Mountaineer Park in West Virginia, then bring them back to the races.

When asked if he ever drove horses to slaughter plants in Canada, Wedig said: “Never.”

In an interview with the Paulick Report last week, Gill said “all of the horses go to retirement programs” when their racing careers end, though he didn’t specify which programs or where they are located.

“I don’t know if he is naïve, just doesn’t care, or thinks the horses are going to retirement and turns a blind eye,” the Elk Creek Ranch whistleblower said of Gill. “He may be a good businessman with mortgages, but he’s not with horses.”

Copyright © 2010, The Paulick Report

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PRIORITY NO. 1: HORSES OR HORSEPLAYERS?

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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THE WILD WEST

Tuesday, October 13th, 2009

By Ray Paulick
The California racing and breeding industry appears to have the stability of a bowl of Jello. Two tracks, Santa Anita Park and Golden Gate Fields, are owned by bankrupt Magna Entertainment and their future is cloudy. Hollywood Park is in the hands of a land developer that already bulldozed Bay Meadows and has similar plans for the Inglewood facility, though when he gets the money to develop the property is anyone’s guess. Del Mar is run by a non-profit association whose contract will soon expire. Training centers are being shut down, farms are closing and the foal crop is sinking. The former head of the California Horse Racing Board pleaded guilty to a crime most often committed by juvenile delinquents. The Thoroughbred Owners of California has been without an executive director for the last several months. And now the state’s Thoroughbred trainers are forming a circle, pulling out their weapons and getting ready to fire.

In a word, it’s a mess.

It’s been more than 15 years since the late Ed Friendly—the Emmy-winning television producer of such shows as “Laugh In” and “Little House on the Prairie”–led a revolt that ejected the Horsemen’s Benevolent and Protective Association from its traditional role representing the state’s owners and trainers and created the Thoroughbred Owners of California. TOC would be responsible for negotiating purse and simulcast contracts with racetracks and represent owners in front of the CHRB and state lawmakers. At the same time, a new group called California Thoroughbred Trainers was formed and certified, and their role was to deal with track management and the CHRB on issues related to backstretch conditions, track safety and benevolence.

Owners in other states have tried similar maneuvers but failed, in part because they lacked a leader with the tenacity and commitment of Ed Friendly and also because they didn’t have a focal point to rally around. For Friendly and his fellow owners, that focal point was a trainer-led boycott of Friday night racing at Hollywood Park in 1992. The trainers didn’t want to race at night, and Friendly said it wasn’t up to them to decide when to race his and his fellow owners’ horses. Friendly persevered and won the fight, getting legislation passed that created TOC and neutered the HBPA.

The two groups have pretty much stuck to the script since then, with TOC representing owners not only in California but on national organizations like the National Thoroughbred Racing Association. CTT has focused mainly on backstretch issues. How well has the arrangement worked? It depends on who you ask.

A group of prominent trainers have become increasingly unhappy with the situation and with the representation they were getting from the CTT. When an general election was held in June for three of the CTT’s board seats, trainer Jim Cassidy, who had served as president for the previous year, was voted off  the board. The following month, when the newly seated board met (John Shirreffs, Clifford Sise and Ed Moger were elected in June, joining incumbents Dan Hendricks, Jack Carava, Bill Anton, Gloria Haley and Tim Bellasis), their first order of business was to appoint a replacement for Eoin Harty, who had resigned from the board with one year left on his term. Harty said he was spending an increasing amount of time out of state.

The board voted to replace Harty with Cassidy, who had the fourth-highest number of votes for the three board positions in the June election. After being put back on the board, Cassidy was then re-elected president on the second ballot (three individuals nominated on the first ballot each received three votes, and one of the candidates withdrew his name from consideration prior to the second ballot).

That sequence of events didn’t sit well with the trainers who voted to keep Cassidy off the board in June. Much like the Friday night boycotts motivated owners to form the TOC, the appointment of Cassidy and his subsequent reelection as president galvanized CTT’s critics. They formed an ad hoc group called California Horsemen for Change, and began laying the groundwork in an effort to replace CTT as the organization representing trainers. Members of the California Horsemen for Change and others met with the CTT last Friday (click here for a press release from the California Horsemen for Change), and urged the CTT’s board to vote for a new election to fill all nine board seats. The CTT board agreed, by a 5-4 vote according to a source, but additional changes in the bylaws will be required before they can wipe the slate clean and elect a new board of directors. According to a published report, one CTT member has challenged the legality of the board’s decision to hold a new election.

Interestingly, the trainer said to be behind this new organization is Darrell Vienna, one of the leaders of the Friday night boycott at Hollywood Park in 1992 that led to the HBPA being ousted and the trainers losing much of their clout. According to a source, Vienna, who is one of a number of trainers unhappy with the CHRB’s synthetic surface mandate at California racetracks, spoke up against the synthetic tracks at a CTT meeting earlier this year where the CHRB’s equine medical director, Dr. Rick Arthur, presented statistics comparing equine fatalities on dirt versus synthetics. Vienna “got into it” with Arthur, the source said, demanding to see the data of the study. At that point, Gloria Haley, a CTT board member from Northern California, was said to have reprimanded Vienna, reminding him that he was “guest” at the meeting. The comment apparently infuriated Vienna.

“When we had the vote three months ago I asked Vienna personally to run for the board,” Cassidy told the Paulick Report. “He refused. He said ‘I’m not getting involved.’” It looks as though he’s changed his mind.

Vienna didn’t answer questions when contacted by the Paulick Report, instead deferring them to Chris Knight, a recent law school graduate and son of trainers Chay and Mary Knight who has been brought on as interim executive director of the California Horsemen for Change. Knight downplayed any discord between any individuals within the two organizations or anger with the recent election, instead saying the “CTT and California trainers in general are dissatisfied with California racing. We’ve capitalized on the momentum and will be holding a new general election, having everyone involved.”

Knight said there are a number of critical issues, including:
- the pending closing of Fairplex Park to stabling and training due to revenue shortfalls;
- the poor economic state of the racetracks and the uncertainty over the future of Hollywood Park, Santa Anita Park, Golden Gate Fields and Del Mar;
- questions about the safety of the synthetic tracks;
- a desire to be more closely engaged with TOC (according to sources, there have been recent talks between CTT and TOC to bring the groups closer together).

Cassidy said the individuals within the two groups share common ground in many areas, including a desire for higher purses and greater stability in track ownership. “A lot of them have their own agendas including a change in surfaces, and I understand all that,” he said. ”I tell them we work on what we can. I’m at so many of these meetings that my head spins. I hate to see what’s happening, because people are desperate and angry, but those are the times we are in right now. I feel like the Lone Ranger.

Copyright © 2009, The Paulick Report

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CHRB: DRUG TESTING DOESN’T DISCRIMINATE

Tuesday, July 28th, 2009
By Ray Paulick
There seems to be a belief among more than a few people in horse racing, including some trainers, that a state racing commission’s drug testing protocol goes something like this: Stewards call the testing lab and say, “The guy that won this race is a known cheater, and we don’t like him. Make sure you test his horse’s urine for everything under the sun.”

The sample subsequently arrives at the test laboratory with a big “cheater” sticker on it, and the lab technicians spend all of their waking hours testing it. Meanwhile, these same conspiracy theorists are convinced that some trainers never have their horses tested for drugs no matter how many races they win because they wear white hats and are given preferential treatment by stewards, racing commissions and chemists.

It reminds me of the old Smothers Brothers routine, “Mom Always Liked You Best.”

A number of trainers at Del Mar expressed the belief that former California Horse Racing Board executive director Ingrid Fermin has a bias against them and should not be allowed to judge races they are involved in from the steward’s stand. Others have said Fermin has a conflict of interest because her sister is married to trainer Bruce Headley.

We decided to ask a few questions about the protocol for drug testing in California to see just how easy it is to discriminate in the testing of post-race samples. Turns out these folks actually have a system to protect the integrity of the process.

Veterinarian Rick Arthur, equine medical director for the CHRB, told the Paulick Report: “We never alter the standard protocol for any test associated with a race sample. All samples are treated the same per the lab’s SOP. This is one of the advantages of having an accredited lab; all samples are treated the same and every step is documented to confirm that is the case. In rare instances we will go back on a sample if we have seen something suspicious in the lab or we have some intelligence, but that sample, once it has passed the SOP protocol, is considered cleared.

“Any special testing is done to improve the lab and testing protocol going forward,” Arthur said. “We have never filed a complaint on the rare sample that has received special attention after the sample has cleared. I doubt we ever would unless there were exceptional circumstances, i.e., the drug was something especially egregious–cobra or snail venom would be examples. Regardless, due to the documentation process required in accredited labs, any special attention to a sample is recorded and would be open to scrutiny if any regulatory action was taken.

“A few trainers who have had repeated problems with drug positives claim they have been targeted,” Arthur continued. “That is pure fantasy to deflect their personal responsibility for their drug violation records. Samples go into the lab as numbered samples and they are reported out by sample numbers. The sample custodian at CHRB headquarters in Sacramento has the paperwork that decodes the sample numbers to the horse and trainer. Only then does anyone know what sample is tied to what horse and trainer.

“Any trainer who thinks the system is corrupt overvalues their importance,” said Arthur. “Who is going to bother with a vast conspiracy involving multiple people at the CHRB and the University of California? Get real; no one cares. If someone is breaking the rules they will trip up sooner or later. We don’t need to go looking.”

Dr. Scott Stanley heads the Ken Maddy Equine Analytical Chemistry Laboratory at the University of California-Davis, the official lab for the CHRB. Stanley made a couple of additional points about California’s testing protocol.

“First, California also maintains a small portion of the original sample which can be used for retrospective testing,” said Stanley. “The retrospective samples are maintained for two years; while the lab still does not have the information on the horse or the trainer the CHRB can use these samples to identify new drugs or patterns for previously undetected drugs. Second, the testing scheme at UC Davis includes an extensive drug panel equal to or greater than most laboratory’s TOBA testing panel. All samples, from claiming races to graded stakes, receive the same test so there isn’t any one individual trainer or horse singled out or held to a different standard.”

Arthur said out-of-competition testing is somewhat different than post-race tests. “We will alter protocol depending on the circumstances, but again, all samples are treated the same. For example, we had intelligence of an andrenergic drug being used in Quarter horses. Besides testing for EPO in our out-of-competition samples we did additional testing for the rumored drug and other anabolic drugs. Usually we just concentrate on blood doping agents in our out-of-competition testing; the additional tests were a modification of protocol. FYI…the additional drugs we tested in the out-of-competition testing are covered in our standard race testing protocol.”

So, according to those most closely involved in California’s drug-testing procedures, there really isn’t the opportunity to discriminate. Not that the facts are ever going to change anyone’s mind.

By the way, I heard that the Smothers brothers’ mother didn’t play favorites, either.

Copyright © 2009, The Paulick Report

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LAST CALL FOR ALCOHOL … REGULATORS HOPE

Thursday, April 16th, 2009
By Ray Paulick
Some Thoroughbred trainers and veterinarians are giving new meaning to the term “happy hour.” This isn’t the typical late-afternoon or early evening sessions when drinks are discounted at local watering holes but the time, usually two or three hours before a horse race, when an injection (normally 60 cc’s) or oral dose of alcohol—often vodka—may be administered to a Thoroughbred to calm him down.

This alleged practice, which is prohibited as a Class 2 violation in the classifications of the Association of Racing Commissioners International, made headlines a couple of years ago when a racetrack veterinarian in Nebraska was charged in a criminal case with injecting alcohol in horses with the purpose of affecting the outcome of a race. Those charges were eventually dropped when witnesses couldn’t be located for the trial.

Things got quiet on the alcohol in horses front until last fall, when three trainers at Turf Paradise had horses test positive for ethyl glucuronide, a metabolite of ethanol. Ethanol is the alcohol in beer, wine and hard liquor.

One of the horsemen was Keith Bennett, a former leading trainer at the Phoenix, Ariz., track, who is currently second in the standings with 64 wins from 198 starts, a healthy win percentage of 32%. A second is Justin Evans, who is third in the current standings with 37 wins from 113 starts, a 33% win percentage. The third is E. Mark Welch, with nine wins in 82, an 11% win percentage.

Evans had three horses test positive for ethyl glucuronide positives in a 12-day period between Oct. 31-Nov. 11, 2008. The chief veterinarian for the Arizona Department of Racing ordered tests for the substance in late October 2008. A search of Evans’ barn uncovered six or seven 7.5-liter bottles of vodka in a file cabinet. Evans said in a hearing that he used the vodka as an “old trainer’s remedy,” soaking a pad in the alcohol and using under leg wraps on all of his horses.

The testing was conducted by Industrial Laboratories. Tests for ethyl glucuronide had only been developed a few years earlier by the University of Pennsylvania and had not been widely available until recently, an employee of Industrial Laboratories told the Arizona Department of Racing.

As a result of the multiple positives, stewards ruled that Evans should be suspended a total of 18 months. He was also fined $3,150 and the owners were stripped of purse winnings. Evans appealed, and an administrative law judge reduced the suspension to 120 days. Click here to read the adminstrative judge’s ruling.

According to sources, Turf Paradise officials exercised their right to exclude trainer Evans from the premises, though he was told he could apply for stall space in the future. He is currently stabled at Lone Star Park in Texas, where he won with one of his first four starters of the recently opened meeting, with two third-place finishes.

Another trainer, speaking on the condition of anonymity, told the Paulick Report alcohol is also being used in connection with so-called milkshakes, which contain baking soda and electrolytes and are designed to reduce the lactic acid buildup that causes fatigue. The concoction is mixed together as a paste, the trainer said, and can be administered through a dose syringe, though it is more effective when given through a tube into the horse’s stomach.

“You’re getting them carbohydrates at the top of the lane where some horses are running out of gas,” the trainer said. “I tried it, and believe me, it works. But I quit doing it because I couldn’t afford to get caught.”

Scot Waterman, executive director of the Racing Medication and Testing Consortium, said he is skeptical about the effectiveness of alcohol in milkshakes. It’s his understanding the substance is given to calm horses, not to increase carbohydrates. But he said the use of alcohol in horses has “always been in the rumor mill,” and is something the RMTC takes very seriously. The organization funded a study several years ago to develop the most effective detection methods for ethanol using blood and urine tests and even experimenting with a breathalyzer. “It’s easier to detect when given orally (than intravenously),” Waterman said. “The absorption is slower.”

Turf Paradise steward Ismael Trejo said backstretch security has been employed as an adjunct to testing in hopes of acting as a deterrent to trainer who might otherwise consider giving alcohol or other banned substances to their horses. “We put state investigators on trainers’ barns and have had investigators shadow private veterinary practitioners,” he said. “Maybe we won’t catch them, but we hope we can stop them. The fear of getting caught can be the best deterrent.”

“We do catch cheaters,” said Eugene Joyce, general manager of Turf Paradise. “It might be painful to read the headlines, but we do catch them. We want trainers and $2 bettors to have confidence in the game and to make people believe it’s being contested on a level playing field.”

There are concerns in Arizona and other racing jurisdictions that budget cuts by state government will lead to fewer post-race tests and reduced personnel for backstretch security and investigations. And security is a key to deterrence, said Dr. Rick Arthur, equine medical director for the California Horse Racing Board.

“Our security has been specifically alerted to watch for this type of thing (administration of alcohol),” he said. “Investigators know to watch for it, and this is one of the reasons we are adamant about our ‘water only’ rules on raceday. If it’s not water, the investigators can tell the difference.”

Arthur said some “old-time trainers” will say they used to dose horses with alcohol “somewhere in the neighborhood of four ounces. It is something we are concerned with, something we watch for.”

The CHRB regularly confiscates and tests syringes used by veterinarians to ensure raceday injections are Lasix only, Arthur said. “When we confiscate one syringe, everyone on the racetrack knows about it an hour later," the former racetrack practitioner and surgeon said. "If somebody wants to bend the rules, I don’t want them to be comfortable doing it. That’s why we do barn inspections, vet vehicle inspections, to make people say, ‘Hey, this isn’t worth it.’

“We have no problem prosecuting people we catch, but the goal of our program is to stop people from anything illegally.”

Copyright © 2009, The Paulick Report

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AN ‘HONEST MISTAKE’ BY MULLINS?

Wednesday, April 8th, 2009

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, 

Mullins, who trains likely Kentucky Derby favorite I Want Revenge, was quoted in published reports saying it was a treatment that he routinely gives to his horses before a race. He called it an “honest mistake” (has anyone ever heard of a “dishonest mistake”?), and some apologists are buying his act, saying it wasn’t that big of a deal and the media is blowing it out of proportion.

Mullins has previous rules violations. Click here for a list of rulings against him.

If it’s true that he routinely gives Air Power to his horses on raceday in California, where he is based, then Mullins is routinely violating the rules of the California Horse Racing Board. The raceday rule was specifically communicated to all licensed California trainers in 2007. Presumably, Mullins was one of those trainers who read the memo.

On Sept. 7, 2007, just after the conclusion of the Del Mar meeting, veterinarian Rick Arthur, the Equine Medical Director for the CHRB, sent a memorandum to all trainers reminding them of what can and can’t be given on raceday. The memo’s subject line, which seems relatively easy to understand, read: “WATER ONLY ON RACE DAY.”

The memo was written, widely posted and distributed to trainers after three horses had to be scratched during the Del Mar meeting because several trainers apparently were unclear on what can and can’t be given to a horse on raceday. One of those trainers was Hall of Famer Jack Van Berg, who administered a substance described as a peppermint mouthwash to the filly The Golden Noodle shortly before the Del Mar Debutante. It was something Van Berg said he had been doing for years. The Golden Noodle was scratched after security observed the filly being given the substance.

“This suggests there is considerable misunderstanding as to what is permitted under the rules and what is not,” Arthur wrote in the memo.

“To be clear, this rule prohibits the administration of any drugs or other substances except as provided in the rule. There are few exceptions. Only water may be administered on race day to wash a horse’s mouth. Throat flushes, no matter how innocuous their ingredients, are not excepted. This includes old-time remedies containing menthol, oil of wintergreen, oil of eucalyptus, camphor or any similar products, ‘natural’ or otherwise including peppermint.

“The rule is simple: WATER ONLY. Mixing prohibited products with water does not make them permitted. If this is observed the horse will be scratched.”

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.”

California trainers should have a pretty clear understanding of the rule.

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.”

It looks like not that much has changed since 2005.

Honest mistake? I don’t think so.

Copyright © 2009, The Paulick Report 

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PAULICK’S ‘ASTOUNDING LACK OF UNDERSTANDING’

Monday, February 23rd, 2009
I didn’t expect to be roundly applauded by the leadership at the American Association of Equine Practitioners when I suggested last week that their white paper, entitled “Putting the Horse First: Veterinary Recommendations for the Safety and Welfare of the Thoroughbred Racehorse,” while well-intentioned was a bit naïve in its call for uniformity in an industry that has a track record of staking out uncommon ground.

Among those who took exception to what I wrote about the “AAEP’s Kumbaya Paper” was Dr. Rick Arthur, a former AAEP president and currently medical director for the California Horse Racing Board. Arthur was one of 35  veterinarians who developed the white paper over a period of months.

Arthur gave up a well-established private practice at Southern California racetracks to take the CHRB position in 2006, and he has been a prominent and outspoken advocate for horse health issues in his role as medical director.

The views he presents are his own personal opinions and do necessarily represent those of the AAEP. – Ray Paulick

By Rick M. Arthur, DVM
Sure, there is some Kumbaya in the AAEP’s white paper, just like the recommendations from every other group that has looked at the issues. But to say the AAEP’s white paper doesn’t address what we know best shows an astounding lack of understanding of how horse care at the race track works. Horse racing’s veterinarians are the people who clean up the messes horse racing leaves behind. Just as physicians see parts of the human experience that are not pretty and so do veterinarians in horse racing.

How do the AAEP White paper recommendations relate to what we know best, “the care of horses?” Let’s look at a few examples:

* A period of rest for all horses to provide an opportunity to refresh and diminish the volume of persistent cyclic loading that occurs in the absence of rest.

* No horse shall be permitted to race within 10 days of its last start.

These are really the same issue. Over 90% of all racing fatalities show evidence of pre-existing pathology at the site of their catastrophic injury. These are repetitive stress injuries. Veterinarians are saying give the body time to heal. Where is this outside of what veterinarians know best?

* Every horse entered to race shall be on association grounds in sufficient time to have a pre-race veterinary inspection for racing soundness by the regulatory veterinarian.

*Standardization and enhancement of pre-race and post-race veterinary examinations with mandatory cross-jurisdictional sharing of information.

These are the same issue. Horses should have proper pre-race veterinary inspections; not all do. Is it possible veterinarians see horses racing that shouldn’t be on the track?

* In those jurisdictions that practice it, racetrack management must discontinue the coercion of trainers to enter horses according to stall allotment.

Could it be veterinarians are seeing unfit and sore horses entered to simply fill racing cards? If you think this is out of our area of expertise, you are mistaken.

* Uniform participation by all jurisdictions in injury reporting for both racing and training injuries.

Veterinarians have been driving this issue for years. The numbers are worse than horse racing wants to face. To solve a problem, you have to understand the scope of the problem. Is there a question whether this is a veterinarian issue?

* Development of continuing education and accreditation programs for owners, trainers, stewards, jockeys, grooms, starters, farriers, veterinarians and security personnel.

There is no entity in horse racing which understands or does CE better than the AAEP. In fact there are few professional organizations anywhere that do.

* Claiming (all of it)

Is there a veterinarian at the track who hasn’t seen first-hand how claiming negatively impacts horse welfare? If you have any doubt, spend any entry day with any race track veterinarian.

* Medication

The AAEP white paper endorses a number of fundamental changes in horse racing medication. Encouraging collaboration between the RMTC and IHFA is an enormous step as are many of the other medication recommendations.

As for joint injections: this issue was discussed. What is the right answer without adequate research? Just Say No would have been Kumbaya. The RMTC has announced a major research effort towards glucocorticoid drug testing research which should lead to profound changes on how intra-articular injections are regulated.The AAEP supports the RMTC. The veterinarians on the Racing Task Force know this issue well; well enough to know it is complicated and complex.

* The key to successful implementation of these medication recommendations is increased racetrack security to promote enforcement and achieve uniform compliance.

Horse racing veterinarians are calling for increased security. Hey, you’re right, what do veterinarians know about the need for better backside security? When did they go to the police academy? Or maybe everyone should sit up and ask what are horse racing veterinarians seeing as they spend all day on the backside to cause them to recommend more backside security?

One last point: Sorry, banning the dying practice of pin-firing will never save one horse. I can’t remember if it was ever discussed.

Thirty-five veterinarians worked on the AAEP White paper and all contributed. This is a pretty good first step even with the Kumbaya.

The AAEP understands the issues facing horse racing and is ready, willing and able to work with the industry to help move equine welfare and racing integrity forward.

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SATURDAYS WITH SADLER

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.

Copyright © 2008, The Paulick Report

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ROID RAGE

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.

Copyright © 2008, The Paulick Report


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