I guess the owners think it’s worth risking and that Baffert’s KD rights and his horses’ points will be reinstated in court.
I believe Speedway has a couple of the “Avengers” among its number, Kumin among them.
Baffert has known for quite awhile that he has been banned by Churchill Downs. He’s taken no legal action. It will be difficult for him to argue in front of a judge that being banned will damage him and that an injunction is needed ASAP since he’s waited for so long. He still (as of now) has not taken the issue to court.
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Dont forget he also had Gamine dq’ed in the Kentucky Oaks the year before for a positive test betamethasone. He was fined, but I think the fact that he has had a medication positive in Churchill’s 2 most televised races has just about given Churchill all the heartburn they could possibly want with him. Excuses or not.
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I get what everyone is saying, I really do.
However, I just do not see BB going quietly into the night. I really tend to believe that he has been advised to work this in a certain order, and he does want/need to get back into Churchill sooner than later. He has some serious legal firepower in the attorneys who are repping him.
I guess we shall see!
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It will be interesting, that’s for sure.
I enjoy looking back on the Keeneland and Fasig Tipton sales, looking at favorites and seeing where they are now and with which trainers they ended up. Several went to Baffert to train.
I remembered this as a fun thread about the 2020 FT and Keeneland TB yearling sales, September Yearling Sales 2020 and it was fun until you posted several instances of incorrect information, were given a kindly explanation that you were incorrect, and you decided to go on the offensive and to accuse me and @LaurieB of being “hateful” “critical” “internet bullies”.
Anyone who reads the aforementioned thread will see that I was happy, welcoming, and kind, and that @LaurieB was as well.
The Baffert situation is of interest and concern for most people who enjoy racing. You are the only one here belittling other posters and name calling.
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Baffert’s attorney says that it’s the ointment. But does that really matter?
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To me, it doesn’t matter…
Betamethasone is a prohibited substance, full stop.
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Precisely.
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Sleight of hand: not an injection but rather an ointment. Just a distraction from the two positive tests for a prohibited substance. It might, however, make it easier for BB to shift blame onto some unsuspecting stable hand, even though, as trainer, he is the person responsible for the horse and all aspects of care and training and responsible for the people who work for him.
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No question that it’s illegal, or that MS had it in his system. I think that they are going to try and spin this to intent, and see how muddy they can make the legal waters.
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This is interesting, Baffert is getting his money worth from his attorney. So Baffert’s Lawyer is now arguing that the disqualification cannot stand because it was betamethasone valerate not betamethasone acetate and only the latter is used for IA injections. Isn’t this argument the first time they have raised this point? In effect, that the “ointment” betamethasone is legally useable on race day? (I have attached a description of betamethasone valerate below-- which does seem like it acts as a general anti-inflammatory…)
I have attached references for greater minds --but at first glance -
- Under the rules, betamethasone (does not designate which type) is a Class C drug-.
- The Kentucky regulations only refer to penalties for Class C drug violations.
- It seems Baffert’s lawyer is leaning heavily on the “withdraw” guidelines which seem to focus on the IA injection type only and does not specifically refer to the ointment version.
- Will they make a due process argument that the withdraw guidelines did not lay out any time lines for the ointment form? (But there are lots of general caveats in the guidelines. )
- Dumb question, I assume if something is classified as a class c-- just because it is not specifically mentioned as a prohibited substance per withdraw guideline does not make a positive test for it ok? That would make no sense, right,-- which seems to be the lawyer’s argument?
- Regardless the reason for these drug rules is to keep racing fair and protect the horse, if this stuff ends up in the blood stream at a higher than allowed level does it matter which type was used?
Some references for the curious:
https://khrc.ky.gov/Documents/Chapter%208-020-1-Drug%20and%20Medication%20Classification%20Schedule%20-%20Final.pdf
https://pubchem.ncbi.nlm.nih.gov/compound/Betamethasone-valerate
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The difference between “the spirit of the law” and “the letter of the law”.
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So, Bafferts cadre of attorneys will attempt to set forth a case where this was the best way to treat the horses condition, for his welfare. They did NOT attempt to cheat the rules.
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Next year every runner in the Derby will have Otomax slathered all over it. You know, just in case. 
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I am happy to see the responses on here understand that the route of administration is irrelevant. Judging from other media sources today we are the overwhelming minority. It’s freaking ridiculous the amount of people who think this means it’s ok and Baffert should sue for defamation.
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Well if topical doesn’t count let’s just mix up some Fentanyl and DMSO and see how far we can take this.
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I actually wondered if he did mix betamethasone w DMSO for a joint problem. I guess not based upon the lab results.
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Looks like the LA TImes at least tried to point it out.
"The case Baffert is making is that the Kentucky regulations specifically deal with betamethasone acetate, which is administered through injection, not betamethasone valerate.
However, Mary Scollay, executive director of the Racing Medication and Testing Consortium and former equine medical director for the Kentucky Horse Racing Commission, says it’s not so clear.“The rule prohibits the presence of betamethasone,” Scollay said. “It does not specify beyond that. Valerate or acetate — doesn’t matter.” "
The Scollay would seem to reading the rules----the regulations only address Class C drugs penalties and betamethasone (generally) is classified as a Class C drug under Kentucky racing rules and the only place it is specifically addressing the IA type is in the withdraw guidelines. Seems like there is a whole spin factory at work out there.
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You do have to wonder-- the amount in the blood sample (not the whole horse as MS points out) was consistent with the amount that would be present if injected in less than 14 days using the IA type. I have seen one person argue that the type at issue does not act the same way to cause performance enhancement/while possibly detrimentally masking issues, however, I did not see the scientific basis for that statement and the description of the ointment form would not lead, on its face, to that affirmative conclusion.
