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Old 06-08-2021, 01:22 PM   #736
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Originally Posted by dilanesp View Post
Baffert is suing now. He says the second sample was mishandled, and that KHRC should have the burden of showing he injected the drug.

Both arguments are complete BS, and KHRC decisions are not reviewable anyway. Plus his suit is premature (that fact alone should get him sanctioned for a frivolous suit, but won't- he sued before he was even suspended, which means he has no legal standing because his claim isn't ripe).

Look for a fairly quick dismissal. Hopefully the suit angers the KHRC and they impose a harsher punishment.
He's digging his own professional grave.
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Old 06-08-2021, 01:26 PM   #737
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He's digging his own professional grave.
That's his big friggin ego for you. He's been bailed out of situations like this his whole life and believes he's bigger than the game.
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Old 06-08-2021, 01:29 PM   #738
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He's digging his own professional grave.
if your already in the hole you probably are going to grasp at any rope you can find to try and climb out.

He knows like a 10 year ban is coming.
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Old 06-08-2021, 01:32 PM   #739
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if your already in the hole you probably are going to grasp at any rope you can find to try and climb out.

He knows like a 10 year ban is coming.
Yeah, I imagine he realizes he has nothing to lose at this point. We're a very forgiving country for people that admit wrongdoing. I think he made a big mistake not owning it right away and instead going on his ridiculous PR tour. He probably gets 6 months, maybe a year tops if he owns it.
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Old 06-08-2021, 02:17 PM   #740
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I don't have a problem with him trying to force a urine test to see if the other compounds in Otomax were present in the horse's urine. If they are, the horse is almost certainly going to get DQ'd anyway, but I think it would help his reputation and possibly lower his suspension relative to a presumed injection. The reputation of the horse would probably be salvaged better also. I'm certain I read that kind of testing was already being done, but apparently not. If it comes back positive for the other Otomax compounds he'd probably be better off just owning up to "reckless" management of his barn and accepting the punishment for that. That's got to be better than the assumption that he injected the horse and gambled it would be out of his system by Derby day.
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Old 06-08-2021, 02:28 PM   #741
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I don't have a problem with him trying to force a urine test to see if the other compounds in Otomax were present in the horse's urine. If they are, the horse is almost certainly going to get DQ'd anyway, but I think it would help his reputation and possibly lower his suspension relative to a presumed injection.
I don't think so. If that were the case, the KHRC wouldn't be fighting him on it. They would say "go ahead, test for everything, let's get all the information out there".

The KHRC fighting him indicates that they are quite committed to imposing the same punishment (whatever that might be) no matter what else a test shows, unless a test were to show he was innocent (and we already know that it won't).

The most likely explanation for filing this suit now (and not even waiting for the suspension) is that the KHRC has told his lawyers that the die is cast and that the Commission isn't interested in negotiating with them. So the legal strategy becomes trying to head the Commission off at the pass before they issue the suspension.
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Old 06-08-2021, 02:33 PM   #742
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Even if the testing detects the other components of Otomax, that would not prove that the horse was not also administered betamethasone by another route concurrently.
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Old 06-08-2021, 02:48 PM   #743
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He's digging his own professional grave.
You've got that completely correct CJ!! Live by the sword die by the sword. Often, when people have such giant egos it seems they find it damned near impossible to simply get out of their own way.
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Old 06-08-2021, 03:17 PM   #744
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He poked the bear, horse racing is too big and important to Kentucky’s economy for an out of state trainer to come in a few times a year and make a fool of it
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Old 06-08-2021, 04:54 PM   #745
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My understanding is that the problem wasn't with the split test, the result of 25 picogram overage on those is good. The problem was with a test that KHRC were prepared to allow for the testing as to whether it was the Otomax or an injection. Many people think it was probably both. At any rate, something went awry with that 3rd party test and KHRC is saying there's been enough delay and aren't prepared to authorize another one.
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Old 06-08-2021, 05:08 PM   #746
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The most likely explanation for filing this suit now (and not even waiting for the suspension) is that the KHRC has told his lawyers that the die is cast and that the Commission isn't interested in negotiating with them. So the legal strategy becomes trying to head the Commission off at the pass before they issue the suspension.
I realize that this audience pretty much hates him and already has him marked down as a high level performance enhancing cheater, but suspension or not if he shows it was Otomax, imo that does less to damage his reputation, the accomplishments of the horse's he has trained, and maybe even the sport than an injection positive would. If I was him and I knew it was an Otomax positive I'd be doing everything in my power to prove that no matter what else was going to happen.
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Old 06-08-2021, 05:18 PM   #747
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Even if the testing detects the other components of Otomax, that would not prove that the horse was not also administered betamethasone by another route concurrently.
I agree.

I made a note of that earlier in the thread. It could be a case of 3D chess where he only used the Otomax to treat the skin condition because it was a good cover for an injection. He knew "if" by some crazy chance the horse came up positive he could always say it was the Otomax and mitigate the problem. But the positive really blew up in his face this time. Of course he could just be telling the truth this time but is running a slipshod barn.
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Old 06-08-2021, 05:31 PM   #748
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I realize that this audience pretty much hates him and already has him marked down as a high level performance enhancing cheater, but suspension or not if he shows it was Otomax, imo that does less to damage his reputation, the accomplishments of the horse's he has trained, and maybe even the sport than an injection positive would. If I was him and I knew it was an Otomax positive I'd be doing everything in my power to prove that no matter what else was going to happen.
I think his reputation is dead when they take Medina Spirit's number down in the Derby, and that's true whatever they end up doing with his trainer's license. The vast majority of horse racing's stakeholders aren't going to care about the specifics- they are going to care that he tarnished the sport's centerpiece event. (Peter Fuller and Alex Harthill managed to survive their cheating scheme in the 1968 Derby, but that was at a time where the sport's popular face consisted of a lot more than the Triple Crown. Nowadays, it doesn't.)

What he was obviously hoping for was to argue for leniency from the KHRC based on the Otomax argument, and there's no way he would be suing right now (as opposed to suing after a penalty came down) unless it was made clear to him that whatever Otomax excuse he wishes to offer is not going to be considered in determining his punishment.
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Old 06-08-2021, 06:30 PM   #749
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I think his reputation is dead when they take Medina Spirit's number down in the Derby, and that's true whatever they end up doing with his trainer's license.
I thought they were going to take it down after the second test?
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Old 06-08-2021, 06:31 PM   #750
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I thought they were going to take it down after the second test?
The official second test hasn't been released- though we know what it is going to show.
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