Live updates: Kentucky hearing on Baffert's appeal, day 2

The Kentucky Horse Racing Commission hearing on trainer Bob Baffert's request to have his 90-day suspension for Medina Spirit's betamethasone overage in the 2021 Kentucky Derby continues Tuesday in Frankfort Ky.

The hearing began on Monday, when attorneys for Baffert and for the commission made opening statements and Baffert took the stand to defend actions he took with the colt. Read a full report here.

Horse Racing Nation's Ron Flatter is in Frankfort to follow the proceedings, with chief steward Barbara Borden taking the stand Tuesday morning.

Baffert's team argues that the use of betamethasone did not violate regulations because it was administered as an ointment, rather than injected. The KHRC contends that any presence of betamethasone on race day is prohibited.

On Tuesday, Borden was asked whether any level of betamethasone was permissible in a racehorse in 2021. She said no. She also said this is the case no matter how betamethasone is administered.

Jennifer Wolsing, general counsel for the KHRC, asked Borden, "What does it mean if a medication has no listed threshold?"

She replied, “that it’s not permitted at any level.”

Borden said there were nine betamethasone positives from 2016 to 2018. Before a threshold change on Aug. 25, 2020, there were two betamethasone positives. When the threshold level was reduced to zero, Borden said, there were two positives between September 2020 and May 2021, and both were in Baffert horses.

Wolsing then questioned Borden about Baffert's complaint that word of the positive finding in Medina Spirit was leaked to the media before he could adequately investigate how betamethasone got into the colt’s system.

Borden said she did not try to find out the name of the horse who tested positive, because "It was improper."

Wolsing asked Borden what she did when she learned Medina Spirit was confirmed to have tested positive. “We contacted our investigators to organize a barn search.” Borden said she did not tell the media, any KHRC commissioners, friends or family.

Borden said that to her knowledge, no other KHRC stewards or anyone in the inner circle who was aware of the positive test would have leaked it. "It's very improper to do that."

Asked by Wolsing whether there was any "high-fiving" among the KHRC inner circle when the Medina Spirit positive was confirmed, Boden repliied, "No. ... We knew it would be bad for racing in general and possibly be drawn out like it has been."

Wolsing then moved on to details of the search of Baffert's barn 33 at Churchill Downs. Borden was not there.

According to what Borden was told by the KHRC personnel who searched, "I think there were nine samples submitted to Industrial (Labs), ... the various medications and substances we found in the barn." Nothing connected with betamethasone was found.

Borden said her May 8, 2021, telephone conversation with Baffert was recorded without Baffert's knowledge. She said it is KHRC routine. "We're conducting an investigation. We just want to hear what they have to say so we can remember what we told them."

Later, Borden recounted the stewards hearing that resulted in the February 2022 disqualification of Medina Spirit.

She said the stewards made the DQ ruling a week after the hearing and that the stewards met "several times" to discuss the case. She reiterated that it was 3-0 decision for the DQ, to suspend Baffert 90 days and fine him $7,500. Said she was not influenced by the media or Churchill Downs, which suspended Baffert from its tracks for two years.

Over an objection by Baffert attorney Clark Brewster, Wolsing introduced a 2016 case regarding a betamethasone positive that involved trainer Tom Amoss. It was under old rules and Wolsing's intent was to demonstrate that KHRC does not parse ointment from injections.

Borden testified that Amoss said he believed the betamethasone positive in 2016 came from ointment application. She said it was irrelevant then and that Amoss was sanctioned and his horse was disqualified. Wolsing drew that as a parallel to the Baffert case.

Wolsing introduced two other cases of corticosteroids being used by means other than injection – a spray, in one case – and how the KHRC did not draw a distinction between them when handing out penalties. Borden confirmed that trainers were sanctioned regardless of how the horses received the medication.

Borden also reviewed how the stewards arrived at the penalty imposed on Baffert.

Wolsing completed her questioning, and Brewster began to question her after a break.

Brewster started by pointing out a letter from Churchill Downs Inc. CEO Bill Carstanjen in January to CDI employees. In the letter, Carstanjen outlined CDI's intent to hold Baffert accountable for violations. 

Brewster then pursued the fact that associate state steward Tyler Picklesimer is an employee of Turfway Park, which is owned by CDI. He asked whether Picklesimer should have been able to pass judgement on the case given that he likely saw the letter. 

Borden maintained what her endorsement of Picklesimer's integrity made earlier and noted there was no proof he saw the letter. 

Brewster went on to ask whether any other trainer in the last five years had been suspended because of betamethasone. Borden said no. 

When Brewster asked whether betamethasone is a therapeutic, Borden answered, "The medication is a therapeutic medication for horses. ... However it is prohibited in post-race samples."

Brewster then moved on to the "14-day stand-down" rule that was added in August 2020. He asked, "Is 'stand-down' defined in the rule?"

"If there is, I don't know where to find it," Borden answered.

Brewster tried to pin down Borden on whether the 14-day stand-down rule is a recommendation or a requirement. Borden said it depends on race-day test results. 

Brewster noted the 14-day stand-down rule does not even indicate when the 14 days start. Borden concurred that it was not clear.

Borden went on to tell Brewster that the sanctions against Medina Spirit and Baffert were not based on whether Otomax/betamethasone would "help the horse's performance."

Borden was excused at 2:17 p.m. EDT after four hours and 15 minutes of testimony.

Next on the stand was Dr. Bruce Howard, Kentucky's equine medical director. He said betamethasone "has to be withdrawn ahead of racing, because we don't want that to mask any effects in a horse that culd show a lameness...It's for the safety of the horse (and betterment of the industry). We're at a very critical time in racing."

Howard added all 2020 Kentucky Derby horses were tested before the race as were others who could have drawn in. 

Of Medina Spirit's positive, Howard said, "I hate it...It leads to a lot of problems. We all strive. We want clean racing. My wish every is year is a good, safe race and good, clean race."

In cross-examination, Brewster pressed Howard on he absence of betamethasone from the list of medications with detection thresholds. 

"It is a limited detection drug. I don't know why we didn't add it," Howard said. "It's a common-sense thing."

Brewster also questioned if trainers were adequately notified that there was a new zero tolerance of betamethasone. Brewster says there was not. Howard replied the new policy was based on guidance from national and international bodies that study medication in racing.

Check back throughout the day for updates on the hearing or follow on Twitter, @HR_Nation.