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KHRC charges N.Y. drug lab, Baffert team with tainting split sample

Marty McGee|Jul 21, 2021
Bob Baffert, Medina Spirit day after Derby 5-2-2021
Barbara D. Livingston Trainer Bob Baffert walks Sunday with Medina Spirit, who will now point to the Preakness Stakes on May 15.

In yet another twist to the Medina Spirit case, the post-race urine sample from the 2021 Kentucky Derby winner has apparently been tainted and seriously depleted, leading the Kentucky Horse Racing Commission to file a motion for order in Franklin Circuit Court in Kentucky.

The Louisville Courier-Journal reported that the KHRC is alleging a “lack of candor and contemptuous conduct” by the New York Equine Drug Testing and Research Laboratory and its director, Dr. George Maylin, in the handling of a split sample delivered to the New York lab July 14.

The KHRC alleged in its Monday filing that what remains of the sample has been tainted by Maylin and asks Judge Thomas Wingate to compel the lab “to disclose what testing was performed on a urine sample that was purportedly contaminated during shipment."

Medina Spirit, trained by Bob Baffert for Zedan Racing Stables, tested positive for the banned raceday medication betamethasone following the May 1 Kentucky Derby at Churchill Downs, with a mandatory second test subsequently confirming the positive. Neither the Churchill stewards nor the KHRC have yet to release a ruling on the matter, and Medina Spirit remains Baffert’s record seventh Derby winner, for the time being. Standard protocol would ultimately mandate disqualification.

Baffert’s representation in the case, attorney W. Craig Robertson of Lexington, has maintained he will not try the case through the media and that all formal responses will be through legal means. Robertson sought further clarification from the New York lab following the original findings of a positive.

The Courier-Journal reported KHRC executive director Marc Guilfoil and equine medical director Dr. Bruce Howard were accompanied by Zedan representatives Dr. Clara Fenger and Tom Huckeby when transporting the urine sample to the New York lab last week. In signed affidavits to the Franklin Circuit Court, Guilfoil and Howard said Maylin initially insisted on retaining remnants of the original sample, and subsequently said he had not read the court order requiring the return of those remnants despite a June 21 email in which he had pledged to abide by that order.

“My word is honest and without compromise by either side in this case,” Maylin wrote.

According to Guilfoil and Howard, Maylin explained that most of the urine sample had been used up in testing, but did not provide a clear answer when asked twice what testing had been conducted.

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