Despite the 147th Kentucky Derby being nearly three weeks past — and winner Medina Spirit having tested positive for betamethasone nearly two weeks ago — the results of the race continue to hang in the balance as a second blood sample drawn from the Thoroughbred has yet to be tested.
Given the high-profile nature of the race and the share of controversy surrounding Bob Baffert, Medina Spirit's trainer, one could conclude that the testing of a split sample — which is necessary to confirm the allegation of a positive test according to Kentucky Horse Racing Commission rules — would be expedited to appeal to public scrutiny, however a number of factors to the contrary have delayed the process beyond what logic may dictate.
Commission regulations in Kentucky require stewards to notify a horse's connections within five business days of learning of a positive test. The connections then have three business days to request the testing of a split sample — but, in this case, Baffert can effectively prolong the process indefinitely given the lack of a mandated time limit to select an accredited lab to test the second sample.
“He can drag his feet and all the stewards can do is exhort him to please select a laboratory so the split can go out,” Dr. Mary Scollay, executive director of the Racing Medication and Testing Consortium, recently told the Louisville Courier Journal. “But there’s no rule that says if you don’t select a lab within five business days you waive your right to the split or the commission can select from the approved laboratories. There’s no provision for that.”
If the potential to exploit that loophole weren't enough, the protection of anonymity in testing — while a safeguard for fairness in the process — is also a detriment to efficiency. The actual testing should not take more than a week, as Tim Sullivan reported in the Courier Journal piece, but fast-tracking a high-profile case to the front of the queue could compromise the appearance of impartiality and would surely disrupt laboratories' work for regular clientele. Additionally, a lab has to agree to conduct the test, in the first place.
“The split sample laboratory has to agree to accept the split sample,” said Dr. Scott Stanley, a professor at the University of Kentucky’s Gluck Equine Research Center. “And often times, in the spring and summer, the laboratories are busy. If they can’t provide the turnaround time or they don’t have the bandwidth to accept the sample, they can decline it.
“In some cases, if all the labs decline to do the split sample, the racing commission would have to contact one and see if they can work it into their schedule. Those things take a while to coordinate.”
(with files from the Louisville Courier Journal)