Posts Tagged ‘salute the count’

DUTROW: OVERTURNED!

Friday, October 10th, 2008

The 15-day suspension against Kentucky Derby-winning trainer Rick Dutrow for an alleged Clenbuterol positive in Salute the Count, a horse that ran at Churchill Downs on May 2, should be overturned by the Kentucky Horse Racing Commission, hearing officer James Robke has ruled.

Clenbuterol has a permissible threshold level of 25 picograms per ml of serum, according to state guidelines. Iowa State Laboratory reported a finding of 41 picograms; the documentation packet was labeled: “Confirmation for Clenbuterol in Plasma.” But the hearing officer ruling said there was no evidence presented by Iowa State or a secondary, confirmatory lab at Louisiana State University that confirmed the presence of Clenbuterol in serum. “Neither was there any evidence to explain the difference between serum and plasma,” the hearing officer recommendation states. Because of this, the administrative officer said the commission had "not met its burden" to prove the allegations against Dutrow were true.

The recommendation (click here to read the complete ruling) said the commission “failed to prove that the amount of Clenbuterol was above the threshold of ‘25 picograms per ml of serum.’ The commission proved that the amount of Clenbuterol in Salute the Count was indeed 41 picograms per ml of plasma. No evidence was presented to explain the difference (between plasma and serum). When dealing with two amounts … it is imperative that there is specificity as to the amounts.”

Lisa Underwood, executive director of the Kentucky Horse Racing Commission, issued the following statement: “The staff of the KHRC has reviewed the hearing officer’s recommendations to the Kentucky Horse Racing Commission regarding the steward’s ruling against trainer Richard Dutrow Jr. We have concluded that we have a strong basis for filing exceptions to the recommended order, and we intend to do so promptly.”

Copyright © 2008, The Paulick Report

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FIRST-TIME OFFENDER?

Wednesday, June 25th, 2008

The wise guys are out in force: “Knock me over with a feather,” they are saying in response to the latest news about Rick “No Show” Dutrow, who will be handed a 15-day suspension from the Kentucky Horse Racing Authority, which also will redistribute the $20,000 second-place purse won by Salute the Count in the Aegon Turf Sprint Stakes at Churchill Downs May 2. The former claiming horse owned by Michael Dubb and Robert Joscelyn tested positive for an extremely high level of clenbuterol, a bronchial dilator that has come into vogue as a training aid among many horsemen over the last 10 years but is not permitted on raceday.

The violation came one day before Dutrow-trained Big Brown won the Kentucky Derby.

Why just 15 days for Dutrow, who according to the Association of Racing Commissioners International has at least 72 previous rulings against him for a variety of violations since 1976? The New York Times, which broke the story, quotes former trainer John Veitch, the chief state steward for the Kentucky Horse Racing Authority , as saying 15 days and forfeiture of the purse would be Dutrow’s penalty for a first offense, according to Kentucky rules. Veitch told the paper the level detected (and confirmed by an independent lab of Dutrow’s choosing) was two times that of the legal threshold and the highest he had seen in four years as Kentucky’s top racing official.

First offense?

If I get speeding tickets in 25 states and am then caught in Kentucky going 10 miles over the limit, I hope I can get the same kid-glove treatment and am looked upon as a first-time offender. Somehow, I doubt that will happen. Why, then, is Dutrow’s track record of rules violations in multiple states being ignored in Kentucky?

Larry Jones, the trainer of star-crossed Kentucky Derby runner-up Eight Belles, recently had a positive test for clenbuterol in Delaware on a horse owned by Jim Squires. By all accounts, if confirmed in a split sample, this would be Jones’ first medication violation in 25 years of training. According to Delaware Park stewards, the standard penalty for a first offense would be a $500 fine, forfeiture of purse and a seven-day suspension of the trainer. Not much different than the sanctions that will be imposed on Dutrow.

Considering the number of violations Dutrow has had during his career (including a 2004 case involving clenbuterol in New York), the Kentucky penalty given him would be the proverbial slap on the wrist.

This is the kind of problem that federal lawmakers looked into last week, when Dutrow was among a group of owners, trainers, veterinarians, regulators and racing officials asked to testify before a House of Representatives subcommittee hearing on Thoroughbred racing and breeding. The trainer was the only no show, however, claiming to be ill. During the hearing, House members zeroed in on racing’s inability to enforce national standardized rules and penalties due to the structure that has 38 different state racing commissions regulating the sport and the absence of a league office that other major league sports have.

If the Congressional inquiry made racing industry leaders look impotent then, how do they look now, in the wake of the wrist slap against Dutrow?

This case is only going to further motivate Congress to take action, unless someone in the Thoroughbred industry moves beyond forming committees, making recommendations and pontificating about “consensus building” and the “power of persuasion.”

It is clear the Thoroughbred industry, as presently structured, is incapable of policing itself adequately.

By Ray Paulick

Copyright ©2008, The Paulick Report