R Adios Jersey led all the way in which within the Charles City Oaks
A listening to officer has upheld a stewards’ ruling in West Virginia disqualifying R Adios Jersey from her win within the Grade 3 Charles City Oaks final Aug. 27 at Charles City. The filly, skilled by Georgina Baxter for homeowners Averill Racing LLC and ATM Racing, was positioned final and stripped of her portion of the purse, whereas Baxter was fined $1,000 after the horse examined over the restrict for the non-steroidal anti-inflammatory flunixin meglumine (recognized commercially as Banamine).
A report from listening to examiner Jeffrey Blaydes summarizes the testimony introduced in Baxter’s enchantment case. The report indicated that the preliminary check from the horse revealed a Banamine stage of 1,121 nanograms/ml of blood. A cut up pattern check, carried out by the New York Drug Testing and Analysis Laboratory, got here again with a stage of 985 ng/ml. The permitted stage in West Virginia is 20 ng/ml. A DNA check on the blood pattern later confirmed that it got here from R Adios Jersey.
The listening to officer’s report signifies that Baxter tried to argue there are mitigating circumstances within the case as a result of she was not given a stall within the receiving barn at Charles City. Baxter shipped the filly in from her base in Florida, and stated she was instructed by assistant racing secretary Anna Hibbard that the receiving barn was closed and she or he must discover her personal stall elsewhere. When testing earlier than the listening to officer, Hibbard stated she didn’t recall discussing the standing of the receiving barn with Baxter and denies that she would have instructed Baxter to search out her personal stall.
Baxter ended up secure R Adios Jersey with John Carlisle. The report indicated the observe did set up cameras in Carlisle’s barn however “they produced no related views or data in regards to the multi-day stabling of R Adios Jersey.”
The filly ran within the Oaks after spending 5 days in Carlisle’s barn. Baxter and Bernie Hettel, who examined for her on the stewards’ listening to and enchantment listening to, asserted that it was potential Carlisle’s barn was not topic to the identical safety measures because the receiving barn, and it was potential the horse was extra more likely to encounter Banamine there.
Blaydes wrote that “at no time throughout the multi-day stabling of R Adios Jersey in Barn 18 did Baxter query the observe’s safety measures; query the situation or ongoing therapy of neighboring horses with Flunixin; or request for the horse to be moved to a different stall.”
Additional, the report indicated, whereas Baxter denied that she or her representatives handled R Adios Jersey with Banamine, they didn’t dispute that the horse had examined some 50 instances above the edge or that the pattern got here from the recognized horse. In such circumstances the place the drug constructive itself shouldn’t be disputed, Blaydes wrote that any mitigating circumstances are usually not utilized to a horse’s disqualification.
“If the fee have been to permit Baxter to maintain the winner’s share of the purse regardless of the undisputed drug violation it will be the primary and solely time such an motion can be taken by the fee,” the report learn.
“The quantity of Flunixin in R Adios Jersey was roughly fifty instances the permitted quantity. And, though neither the stewards nor the fee alleges that Baxter deliberately administered the drug to the horse to realize a bonus within the race, the actual fact stays that Flunixin can have such a outcome as a result of it masks ache. Additionally aggravating is the truth that, since 2018, Baxter has accrued six drug violations within the state of Florida, 5 of which concerned Flunixin.”
Baxter has filed a post-hearing reduction request with the West Virginia Racing Fee, in response to her legal professional, Karen Murphy.
“We discovered after the stewards had determined the case that, in actual fact, there was a receiving barn with a number of prime trainers stabled there, however no effort was made to inform Baxter to safe a spot for her filly,” stated Murphy. “If this was not a case to search out ‘mitigating circumstances’ to keep away from a penalty and DQ I do not know what case can be.”
In a post-hearing reduction submitting, Murphy requests the fee put aside the stewards’ penalties. In that submitting, Murphy acknowledged that two horses additionally stabled in Barn 18 have been being handled with Banamine on the similar time R Adios Jersey was there — one horse “close to the filly” who was handled the evening earlier than the race, and one other horse subsequent to her who was receiving the treatment as a part of a therapy for a fracture.