Life at Ten Full Report

8/4/2019 Life at Ten Full Report

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INVESTIGATIONOFEVENTS

SURROUNDINGTHEBREEDERSCUPLADIESCL

NOVEMBER5,2010


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KENTUCKY HORSE RACING COMMISSION

INVESTIGATION OF EVENTS SURROUNDING THE BREEDCUP LADIES CLASSIC, NOVEMBER 5, 2010

TABLE OF CONTENTS

Summary and Recommendations

Appendix A - Statutes and Regulations

Appendix B - Investigative Report

B-1. Investigators Summary

B-2. Findings

B-3. Staff Timeline Report

B-4. Interview List

Appendix C - Report from Office of Inspector General of

Transportation Cabinet

Appendix D Wagering Analysis Reports

Appendix E Transcript of ESPN Broadcast

Appendix F - Stewards Report

Appendix G - Map of Track and Location of Veterinarians

Appendi H Summar of Veterinar Information


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SUMMARY AND RECOMMENDATIONS

TO: KENTUCKY HORSE RACING COMMISSION (KHRC)

FROM: STAFF OF KHRC

DATE: March 10, 2011

RE: 2010 BREEDERS CUP LADIES CLASSIC

I. BACKGROUND.

While this report is directed to the KHRC, it is hoped that the tr

reflected in the report and the recommendations presented will be r

other racing jurisdictions and industry stakeholders to foster a collabor

to make improvements regarding the safety and integrity of horse racing

This Executive Summary and accompanying documents are to be u

KHRC in making its initial determination of whether any violations connection with the 2010 Breeders Cup Ladies Classic (Ladies

Churchill Downs on November 5, 2010. Life At Ten (LAT) was the sec

in the Ladies Classic. She ran poorly, was never in contact with th

finished last.

In making this initial determination, the KHRC is being asked to determ

is probable cause to support charging an individual with a violation. determination does not include making any final findings or considering

The KHRC should consider all of the enclosed information. Should the K

to move forward with a charge against an individual, the KHRC will iss

of Violation and set the matter for a hearing. Any individual charged h

to an administrative hearing where he can present evidence and witn

individual charged may also waive the right to a hearing.

The KHRC should consider the statutes and regulations on point to d

there were any rules violations. A copy of the statutes and regulations

as Appendix A.

The first purpose of the in estigation as to determine hether the a


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report will also reveal that there were some errors in judgment; some p

have done some things better. This summary will address the foll

questions related to the first purpose:

1. Was there any evidence of intentional wrongdoing or n

fraudulent activity?

2. Should LAT have been scratched? What was the condition o

Was she unfit to race? Were there communication issues?

3. Should a post-race sample have been collected from LAT?

4. Were any regulations violated?

The second purpose of the investigation was to make recommendat

industry so that an event such as this does not happen in the future.

Last, this report will discuss recommendations being made as a re

investigation that are not directly tied to an analysis of whether ther

violations in the LAT situation.

II. SCOPE OF THE INVESTIGATION.

The mission from the beginning was to conduct a thorough and com

investigation. By interviewing 90 people, reviewing documentation an

consultants from around the country, we identified some errors that we

well as some opportunities for improvement. The thorough, in-deallowed the KHRC staff to: 1. identify some of the mistakes made;

opportunity to set the record straight on several misperceptions; 3.

transparency that is deserved in a matter of this significance; and

opportunity to thoughtfully reflect on recommendations.

Different witnesses had different perspectives based on their location o

their experience, their responsibilities, and their relationship to

participants (financial or otherwise).

The investigation of the events surrounding the Ladies Classic began i

after the race. To ensure impartiality, the investigation was transfe

KHRC and led by Patrick Adams (Adams), KHRC Director of Enforce

Report of In estigation is attached as Appendi B


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The pre-race blood taken from every horse trained by Todd Pletcher (P

well as the syringes collected for race day anti-bleeder medication admin

a Pletcher horse, would be tested.

Investigators were told to collect: 1. veterinarians treatment sheets for

horses for both days; 2. the pre-race examination cards used by the veter

LAT; 3. veterinary records maintained by the practicing veterinarians

daily training records for the prior 6 months; 5. track video feed for

Classic; 6. a wagering analysis by Thoroughbred Racing Protective Bure

Bet Fair and KHRC; and 7. copies of the videotapes of the broadcast from

Interviews were to be conducted of the following people directly invo

Ladies Classic: 1. Jockey Johnny Velazquez (Velazquez); 2. Pletche

assistant producer Amy Zimmerman (Zimmerman); 4. assistant start

Mike Edwards; 5. pony person for LAT Betty Harless; 6. Jefferson Cou

Deputies assigned to LATs barn; 7. private security personnel assign

barn; 8. American Association of Equine Practitioners (AAEP) On Call v

Dr. Larry Bramlage (Dr. Bramlage); 9. Chief State Steward John Veit10. Association Steward Butch Becraft (Becraft); 11. Association St

Leigh (Leigh); 12. all of the KHRC and Breeders Cup panel veterinaria

13. LATs private veterinarians involved in the Breeders Cup; and 14

agents with knowledge.

It was also decided early in the process that since the Stewards activiti

analyzed as part of the investigation it would be appropriate for independent party to conduct the portion of the investigation rela

Stewards. Several resources were contemplated and ultimately it was

that the Office of Inspector General of the Transportation Cabinet (

provide a valuable resource in this area and there would be no conf

involvement. A copy of the OIG report is attached as Appendix C.

KHRC also decided early in the process that a detailed report

recommendations, would be prepared and provided to the public.

KHRC Chairman Bob Beck and Executive Director Lisa Underwood (

met with Breeders Cup President and CEO Greg Avioli, Breeders Cu

CFO Matt Lutz and Breeders Cup attorney Bob Watt on November

discuss the scope of the in estigation The Breeders Cup e ecuti es a


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III. WAS THERE ANY EVIDENCE OF INTENTIONAL WRONGDNEFARIOUS OR FRAUDULENT ACTIVITY?

A. WHAT THE INVESTIGATION REVEALED REGAR

VARIOUS PARTICIPANTS ACTIONS.

The KHRC Director of Enforcement uncovered no evidence of w

Wagering analyses conducted by the TRPB, Bet Fair and bySupervisor of Pari-mutuel Wagering uncovered no evidence

wagering patterns. Summary of analyses attached as Appendi

The Office of Inspector General of the Transportation Cabineno evidence of wrongdoing.

The pre-race blood drawn for TCO2 testing on every Pleentered in the Breeders Cup was tested; no prohibited subs

detected. Because LAT was not sent to the test barn, uri

collected. Therefore, no analysis was performed to detect subcan only be detected in the urine.

The syringes collected from Pletcher horses were tested; nosubstances were detected.

IV. SHOULD LAT HAVE BEEN SCRATCHED? WHAT W

CONDITION OF THE HORSE? WERE THERE COMMUISSUES?

A. JOCKEY.

WHAT THE INVESTIGATION REVEALED REGARDING THE JO

See Appendix E for the ESPN transcript. The following dialogue occurred approximately 5 minutes

before LAT was loaded into the gate. When asked the followi

Bailey, Johnny, your filly has never run on this racetrack. C

anything by warming up if she likes it, doesnt like it, whats

Velazquez responded, Right now Im not sure, Jerry, to tell yo

Sh t i th h ll d J


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Velazquez, Is she getting any better? Johnny responded,

Jerry Bailey asked, could it be the lights or is mostly physica

Velazquez responded, I dont know, Jerry, just---Im not sure. Velazquez could not hear the ESPN commentary. The pony

the microphone and a speaker on her arm. The speaker was

on when a commentator asked Velazquez a question.

According to a statement provided by Dr. Bryce Peckham (Dafter the race, Dr. Peckham approached Velazquez as he was

the tack. Dr. Peckham asked, what have you got? Velazque

just wouldnt put out any effort. Dr. Peckham asked how sVelazquez said she felt OK.

On December 21, 2010, KHRC investigators conducted ainterview with Velazquez. During his interview, Velazquez s

not believe LAT would have been scratched even if he had bro

the KHRC veterinarians to be examined. How was (sic) th

scratch her? Shes not lame. I mean. Shes not limping. Wh

going to say, shes too quiet to run? He further stated, Ive ri

that warm up really bad and run really good. During the December 21, 2010 interview Velazquez stated

didnt run. I mean, she didnt run at all and she looks like she w

she just didnt show any interestShe showed no interest. Tha

In an interview with KHRC investigators, Michael McCarthtrainer to Pletcher) stated he went to the horse after the

Velazquez was unsaddling LAT. Velazquez said, I knew it. I

know. I shouldve scratched her. When asked about this stasubsequent interview on January 7, 2011, Velazquez stated,

every time the horse runs so bad.

McCarthy said, after the race, LAT walked back to the barn fnot appear to be lame. McCarthy said he believed LAT was s

just had a wide look in her eye, like kind of a look of fear, you

further stated, when they returned to the barn, I thought she

fairly normal turn in the shed row, and as time when on, she p

shortened strides. But, after LAT was given a bath she begsigns oftying up.

B. STEWARDS.

WHAT THE INVESTIGATION REVEALED REGARDING THE STE


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The OIG report reveals that the Stewards received information from Zim

producer at ESPN, that Velazquez was concerned LAT was not warmway she normally does approximately 5 minutes and 30 seconds p

entering the starting gate. The Stewards did not call the KHRC vete

inform them of the Velazquez conversation on ESPN. Becraft said h

something physically wrong with LAT. Leigh said he thought LAT loo

but he also said he did not see anything out of the ordinary with her. I

Becraft and Leigh believe they should have contacted the veterinaria

believed Velazquez should have taken LAT to Dr. Peckham.

Becraft said he mentioned to the other Stewards that the veterinarian

called about LAT. Becraft said that Veitch responded if we do that w

well scratch the horse. Veitch denies hearing these comments from

acknowledges Becraft might have said it. Veitch denies responding, if

we might as well scratch the horse. Leigh recalls Becraft saying the h

be looked at by a veterinarian, but thought this occurred about the tim

entering the starting gate. After the call from Zimmerman thdiscontinued watching the broadcast. So they did not hear: 1. LA

Pletcher, say LAT was not herself in the paddock; 2. a second inte

Velazquez who reported LAT had not improved; and 3. an upda

Bramlage who said none of the veterinarians on the ground had been ma

the situation.

According to statements given to the OIG, the Stewards do not likeESPN or other coverage of races because there is a time lag and the

confusion about the actual status of live racing at the event for whi

responsible. Broadcasts often show replays of other races. The St

concerned about either: 1. missing the start of the actual race and not

button to lock the betting windows; or 2. seeing tape of a prior race and

windows too early.

The OIG report indicated there is confusion among the Stewards rechain of command. There was no clear understanding regarding the

each individual Steward vis a vis the Chief State Steward.

The Stewards report is attached as Appendix F.


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C. VETERINARIANS.

WHAT THE INVESTIGATION REVEALED REGARDING THEVETERINARIANS.

1. ROLES AND RESPONSIBILITIES

There were multiple veterinarians with different roles and resduring the Breeders Cup.

The KHRC veterinarians are the official regulatory veterinariresponsible for making any recommendations to the Steward

the scratch of a horse.

The Breeders Cup panel veterinarians are hired by the Breedeare from different racing jurisdictions. Their role is to assist

regulatory veterinarians during Breeders Cup week and on

They report to the KHRC veterinarians.

The AAEP On Call veterinarians are on site to assist the mAAEP On Call veterinarians provide requested information t

in the event a horse is injured and on an as needed basis media representatives have questions regarding the health o

of a horse. One of the primary purposes of the AAEP On Call v

program is to allow KHRC veterinarians to care for injured

timely manner while providing the media with accurate inform

a horses condition as quickly as possible. There were two AA

veterinarians on duty during the Breeders Cupone on the fro

one on the backside. LAT has her own private veterinarians who provide regular a

veterinary care to her.

2. STANDARDS TO BE USED 810 KAR 1:012 Section 9(1) provides that a horse shall not be r

not in serviceable, sound racing condition. The Stewards may

cause a horse on association grounds to be examined by a quali

810 KAR 1:024 Section 4 provides that the KHRC veterinarianthe authority to determine if a horse is unfit to race anddetermination is made to recommend to the Stewards that t

excused.

The Breeders Cup manual provides that on race day, each hoexamined by a KHRC veterinarian for racing soundness an

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to start in a race and shall be declared by the Stewards if it is

to race, not properly identified, or improperly shod.

3. PRE-RACE EXAMINATIONS It is standard practice for KHRC veterinarians to perform

examination on the morning prior to a race on every horse ent

that day. The purpose of the pre-race exam is to determine if a

to race. The criteria for fitness to race include racing soundn

physical condition, and general health.

All Breeders Cup horses were observed on track and examibarns throughout the week. The KHRC veterinarians and Br

veterinarians met daily to discuss the results of their ex

Horses were re-inspected as warranted based on the groups

No reservations were expressed regarding the condition of LAT

The pre-race examination was performed on LAT by KHRC vDr. Brad Bentz (Dr. Bentz) and Breeders Cup panel veter

Kathy Picciano (Dr. Picciano). Dr. Picciano noted in h

statement that, I was with Dr. Bentz when he examined her t

of the race. I didnt examine her legs but I saw her jog in the shshe jogged fine.

Dr. Bentz noted and recorded a subtle abnormality in LATs gaFarmer (Dr. Farmer), a KHRC veterinarian, reported that

observation was discussed by the group after the initial round

exams was performed. The group determined it was not nece

examine LAT. Dr. Bentz did not update the record after the v

group discussed the morning rounds. KHRC veterinarian Dr. Michael Hardy (Dr. Hardy) observed

immediately prior to the race at the Race Day Assembly

Hardy stated in his report that, Life at Ten did not display an

significant findings while walking to the paddock.

During the pre-race examination and the time prior to the racame to the attention of the Breeders Cupveterinarians (oth

Jill Bailey (Dr. Bailey)) or the KHRC veterinarians to indicate

question regarding whether LAT was: 1. sound and healthy ffit; or 3. serviceable for racing.

4. LOCATION OF VETERINARIANS

A copy of the placement of the KHRC and Breedersveterinarians on the race track is attached as Appendix G.

Th KHRC B d C l t i i t t


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5. OBSERVATION OF PRE-RACE WARM-UP, RUNNING OF T

AND POST RACE

a. AAEP ON CALL VETERINARIANS: Dr. Bramlage served as the front-side AAEP On Call veteri

Bramlage is not a KHRC employee. In his written stat

Bramlage said Jeannine Edwards (Ms. Edwards) told him Ve

told Jerry Bailey on the air that the #1 horse, LAT, was not w

well. Dr. Bramlage called Dr. Peckham on the radio, but did

Dr. Peckham of the specific horse Ms. Edwards mentioned to h

Dr. Bramlage asked Dr. Peckham if any of the jockeys had sa

to him. Dr. Peckham said they had not. According to Dr. B

did not name the specific horse because when he made the

Peckham there were reporters and spectators standing around

of the veterinarians on the track, other than Dr. Bailey, knew

of the specific horse.

Prior to the race, Ms. Edwards reported, Well, guys, Im here Call vet, Dr. Larry Bramlage, who tells me hes been speakin

veterinarians on the track near the scene, and he says as ofJohnny Velazquez has not said anything to the vets yet abou

this horse. As they get closer to the gate, they may take a look

right now Dr. Bramlage has informed me that the vets on the g

not been made aware of the situation (emphasis adde

interviewed by the OIG investigators, Ms. Edwards stated s

the veterinarians on the ground had been made aware of the

Dr. Bramlage. She stated she was watching whats happeninmonitor and I did not see any vet or anybody on the ground wa

horse and look at that horse, or talk to John Velazquez, and

floored me. And when they put her in the gate, II m

stunned.

Dr. Foster Northrop (Dr. Northrop), the back-side AAEveterinarian on duty, and a member of the KHRC, was w

Churchill video feed, which did not include the ESPN

Approximately one minute to post, Dr. Northrop was called Russell (Dr. Russell), his assistant, who was watching the ES

site. Dr. Russell told Dr. Northrop that Velazquez was talkin

poorly his horse was doing on ESPN and then Dr. Russell said

tied up, watching her on television. Dr. Northrop tried t

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blowing. She wasnt sweaty. She wasnt, at all, uncomfortable

point.

b. BREEDERS CUP PANEL VETERINARIANS: California Horse Racing Board veterinarian, Dr. Bailey, was

the Breeders Cup veterinary panel and was located at the

horse ambulance. Dr. Bailey received a text message when

were on their way down to the gate in the stretch. Acc

statement prepared by Dr. Bailey the text message informed h

was making negative comments to TV; my reply was that it s

OK down on the track. Dr. Bailey did not tell any o

veterinarians on the track about the text message. Dr. Bailey

not notice any horses in that field appearing to have any probl

Dr. Bailey stated the horses were a long way from her and

gate when she received the text. She received the text after D

responded to Dr. Bramlage that everything seemed to be good

didnt feel that it was my position to step in.

Dr. Robin White (Dr. White) was stationed at the starting gatestart of the race. One of the KHRC veterinarians apprPeckham and a brief discussion took place about the rumor

not warming up well. In his written statement Dr. White n

categorically say with confidence that Dr. Peckham, nor indee

veterinarian, had been given any specific information about wh

was (if indeed it was any horse). In view of this lack of inform

also that no horse raised any veterinary concern at the gate, all

loaded and raced.

The written statements and interviews provided by the otheCup panel veterinarians indicated they did not observe an

suggested LAT was unfit to race.

c. KHRC VETERINARIANS:

The KHRC veterinarians were not notified by the StewardVelazquez, the AAEP On Call veterinarians, or theBreeders

veterinarians on site that Velazquez was concerned LAT

warming up the way she normally does. Nor were veterinarians informed about any of the commentary on ESPN

While horses are on the race track prior to a race, veterinarians are also on the race track directly observing

they are not watching television.

D P kh t t d i hi t th f KHRC


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his reported concerns about LAT to any of the KHRC veteri

would have recommended to the Stewards she be scratched from

Dr. Farmer said Dr. Bramlages call came over the Breedersapproximately two or three minutes prior to post. See AAveterinarians above. Dr. Farmer approached various veterina

track and told them there was rumor that one of the j

concerned about how his horse was warming up and asked if

brought a horse to the veterinarians. They each replied no.

provided the following in a written statement,As LAT was b

be walked off the track, I jumped out of the chase truck to

status and speak with asst. trainer Mr. Michael McCarthy (sic)

appeared to be walking ok, she did appear tired with her hea

erect. Her ears were up and she appeared to be aware of her su

In speaking with Mr. McCarthy (sic) he stated that LAT

Hollywood Park once before under the lights and performed ver

that point I walked with them until they made the turn at th

chute (sic) and headed towards their barn. At which point we

with Dr. Michael Hardy, Dr. Brent Cassady (sic), and a Brpanel veterinarian. At that point Dr. Hardy and Dr. Cassady

with the horse off the track.

Dr. Brent Cassady (Dr. Cassady) walked with LAT back to hedid not detect any signs of lameness or overt distress durin

post-race.

Dr. Michael Hardy (Dr. Hardy) said LAT was the first horse tto the barnyard after the finish. In Dr. Hardys written stnoted, LAT did show some mild signs of post-exertional

however, within normal limits as compared to other horse

evaluated after racing. At no point during my evaluation of

during and after racing were there any clinically significa

indicating the horse was under physiological distress.

Dr. Bentz was asked by Dr. Farmer prior to the race if he hearof a jockey concerned about how his horse was warming up.

was located at the pole. No one had brought Dr. Bentz aBentz watched each horse canter/gallop out from the post par

not detect any horse that exhibited a gait deficit of any kind.

not detect a gait problem in the return of the field from the club

during the warm up.

D Li S t hi (D S t hi) i th b l t th


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d. PRACTICING VETERINARIANS FOR LAT:

LAT has several private veterinarians hired by Pletcher ongoing and regular veterinary care and services. Among thveterinarians are Dr. Steve Allday (Dr. Allday) and Dr. Ken

Reed). They were interviewed by KHRC investigators. In hi

Dr. Allday noted that he was watching the ESPN coverage off

thought LAT was tying up before the race.

During his interview, Dr. Reed stated that he treated LATleading up to the race. She was a very sound filly so w

anything. Dr. Reed watched the ESPN coverage off site.

during the warm up, I certainly thought she was walking

Reed stated he went directly to LATs barn after the race. He

with fluids, a muscle relaxer and a tranquilizer becaus

obviously in great distress, and obviously dried out. I mea

obviously in muscle cramps. He stated that he took her tempe

night, which was normal. He also indicated that he took blo

day as well. Based on the results of the blood test, he state

was probably sick going into the race and we didnt realize itwhat I told Todd. She probably had a little something go

before, like I said a virus or a bacteria, and then we gave her th

we knocked her electrolyte count out and then it just snowba

the race, Dr. Reed stated that he continued to treat LAT for s

until she returned to normal. He stated that she was doing

time she shipped out of Churchill.

Dr. Mary Scollay (Dr. Scollay), KHRC Equine Medical Directoran analysis of LAT veterinary records. The Analysis is

Appendix H.

D. TRAINER.

WHAT THE INVESTIGATION REVEALED REGARDING THE TR

After the call from Zimmerman to the Stewards and befoPletcher said on ESPN, the filly was very quiet in the paddo

know, I told Johnny, make sure and warm her up good. Sh

littlea little unusual, you know, just really, really quiet. So I

what Johnnys feeling out there.

Aft th Pl t h id t J P i I t ld hi h


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not run, you know. And, its justits unfortunatebecause I d

you know, of all the horses we brought over today, nonewere

than herjust, you know and the lastlast minute, somewrong.

Pletcher was interviewed in person by KHRC investigators o10, 2010. During his interview, Pletcher stated that LAT ha

temperature the morning of the race. He also stated that he

LAT under the lights in the mornings to acclimate her to them

that LAT was being quiet in the paddock, and he told Velazqu

sure he loosened her up good and warmed her up and got her

However, he also stated that, she was walking soundly and sh

fine. He did not think there was any reason to go to the v

because, other than being quiet, he did not believe there wa

wrong with her. I would never send one out there that I didn

sound to run. So, you know, at that point, if something goes a

would assume that the veterinarians and Johnny are going

make that decision. He said he felt that once the horse

paddock, Its out of my hands.

During the interview, Pletcher watched the ESPN coverage

time. He stated that he did not agree with the pre-race analy

the commentators. He stated that at no point before or duri

was LAT unsound. Its not an unsoundness issue, she just cr

He said it was not apparent that she was cramping up, or tyi

after the race. He stated Velazquez did everything he could

the horse out. Based on the ESPN coverage, he stated, I ca

that I saw enough that suggested she needed to be scratched s

a moment there where she appeared tight and then she seemed

So, it would have been really hard to say that. .. You know

Johnny felt comfortable enough the way she was moving that

she deserved the opportunity to run. And Im sure hes ridden h

that he was concerned about the way they warmed up, and the

than he expected.

After the race, Pletcher said he went back to the barn and me

Pletcher stated LAT appeared to be tied up. She couldnt w

the stall. Pletcher indicated that they did not take LATs tem

d bl d til l th t i


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E. OWNER.

WHAT THE INVESTIGATION REVEALED REGARDING THE OW

810 KAR 1:016 Section 14 requires the stewards to take cognizmarked reversal of form of a horse and conduct inquiries of t

owner, licensed trainer and all other persons connected with th

The owner of the horse was Candy DeBartolo. Several days after the race, the racing manager for the DeBart

Vance (Vance), complained to Underwood that the hor

scratched. If LAT had been scratched by the Stewar

recommendation of the KHRC veterinarians the DeBartolos

received a refund in the amount of $60,000 from the Bre

Vance noted that he was upset with comments Veitch mad

included in a Courier-Journal article.

In addition to the communications between Vance and Underwwas interviewed several times by KHRC investigators. The fir

was conducted on November 22, 2010, and the last was coJanuary 20, 2011. Vance has worked for the DeBartolo fam

capacity for over twenty years. He was told by the DeBartol

were interested in purchasing a race horse, and Vance contact

to identify a horse to purchase. Pletcher learned of LAT and

would be a good choice. She was purchased in a private sale af

race. She has been owned by the DeBartolos ever since.

Vance stated, two days before the race Todd said that she had

better. On the morning of the race, no one in Pletchers stable

that LAT seemed more quiet than usual or might be reacting

weather. Vance was present in the paddock before the race a

that LAT looked calm, but attributed her calmness to her

He said she appeared calm to him the other times he had se

live.

After the race, Vance spoke briefly with Pletcher. Pletcher sai

know what happened to LAT, but theorized that she may

reaction to Lasix.

V did t t Pl t h b ft th b t did


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that he and Pletcher never discussed whether or not LAT s

been scratched.

Vance acknowledged during his interview that he was fa

racing from the business side. He also acknowledged he is not

determine whether a horse was lame.

Mrs. DeBartolo was interviewed on December 28, 2010. SheLAT is the first race horse she has owned. She stated that sh

seen LAT race live prior to the Breeders Cup due to pe

business matters. She stated that Vance managed all asp

horses training and care, and she never received any written

LAT. She stated she was very excited that LAT was run

Breeders Cup and brought several friends to Churchill to wat

Based on her past performances, Mrs. DeBartolo expected

well. At no time before the race did anyone tell her anythin

condition of LAT.

She watched the race from near the winners circle and was

LATs performance. She stated her primary concern was for th

LAT, but that no one has ever told her what the veterinary fin

or what was wrong with LAT. From reading blogs, she wond

should have been scratched. She expressed great concern th

not tested after the race.

F. MEDIA.

WHAT THE INVESTIGATION REVEALED REGARDING THE ME

1. THE ESPN COMMENTATORS REPORTED SOME IN

INFORMATION.

ESPN commentator, Randy Moss (Moss) reported, we now that the Stewards are now asking the vets to actually take a loo

Ten when she gets to the starting gate. However, the Stewa

ask the veterinarians to look at LAT. After hearing t

commentary, Zimmerman, stated that she contacted the Stew

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Jerry Bailey reported, And it it isit is partly Johnnys resp

bring it to the attention of the vet, but the attending vete

supposed to come over thereandand, say, is this horse okay? Moss then stated I mean thats what the veterinarian is at

gate for, to protect the public, to protect the horses, to protect t

situations like that.

Jerry Bailey then stated He is hired by the state for that exact he needed to at least pose a question to Johnny, is she all right?

Moss then noted Do youdo youshould should we run heshould she go into the gate, but

This dialogue implied that the veterinarians have the duty to approach a jockey prior to the horse loading to inquire if he

with the condition of his mount, even if the veterinarians have

a problem with the horse. However, the state veterinarians h

duty.

Had the ESPN commentators understood the role of veterinarians, they could have accurately reported on the ve

duties.

G. OTHER INFORMATION GATHERED DURING

INVESTIGATION.

During the interview with jockey Garret Gomez, he stated heLAT in November 2009 at Hollywood Park under the lights.

she did not warm up well and was sweating and washed out

race. However, she went on to finish third.

McCarthy, an assistant trainer for Pletcher, also mentioned tha hard time under the lights at Hollywood Park.

After the race, Dr. Picciano asked McCarthy if the horse was replied, maybe the lights bothered her.

In her statement, Dr. Picciano stated that after the race, LATto be walking normally and wasnt in any apparent distress a

She was led off the track with no problem. The pony person for LAT, Betty Harless (Harless) stated,

distressed, like she had tied up. She was tying up. She was di

some reason. Harless also stated she assumed Velazquez di

the horse was in danger because he didnt take the

i i Sh did f l i h Sh h lf B


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She was bound up when when she came out of the paddock an

loosened up.

The other pony people on the track for the Ladies Classic didanything out of the ordinary with LAT. Patty Krotenko (Krotenko), an exercise rider for LAT, said sh

LAT during the race and said she did not believe LAT tied

regard to tying up, Krotenko stated in her interiew, Its som

noticeable, whether youre sitting on them or watching them.

According to Horatio Depaz (Depaz), the foreman and an exercLAT, LAT had a normal temperature on the morning of Novem

had a temperature of 102 or 103 that evening. Depaz thoug

race she went to tying up, kind of nervous reaction to what h

Herbasically, her muscles were just tightening up on her ju

being able to relax and then (sic) the stress.

H. OBSERVATIONS REGARDING WHETHER LAT SHOU

BEEN SCRATCHED.

There are conflicting opinions on whether LAT should scratched.

Velazquez did not present LAT to the KHRC veterinarians forHad he done so, according to Dr. Peckham, Dr. Scollay and

KHRC veterinarians would have recommended to the Steward

be scratched. This policy had been established prior to the Bre

LAT would have been scratched if either: (a) Velazquez had bto the veterinarians; or (b) the KHRC veterinarians determine

was not fit to race.

The KHRC veterinarians did not observe anything, nor did any information, that caused them to question LATs fitness to

In his December 21st interview, Velazquez indicated he did LAT would have been scratched had he brought her to

veterinarians to be examined and said he had ridden horses th

badly, but run well. Immediately after the race Velazquez told McCarthy, th

trainer, she should have been scratched. Velazquez later sta

always makes these kinds of comments when a horse runs bad

After watching the ESPN coverage, Pletcher stated he saw nh h h


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I. OBSERVATIONS REGARDING THE CONDITION OF L

WHETHER SHE WAS UNFIT TO RACE.

There are conflicting opinions onwhether LAT was in distressrace. Persons on the scene and watching television form

opinions based on their locations and expertise.

There was, however, consensus that immediately after theseemed fine until sometime after she returned to the barn.

J. OBSERVATIONS REGARDING COMMUNICATION ISSUES

Many of the participants seemed to be waiting for someone action.

The Stewards did not call Dr. Peckham, and inform him thahad said LAT was not warming up the way she normally doe

not instruct Dr. Peckham to contact the jockey.

The Stewards did not individually or collectively make a whether to contact Dr. Peckham after receiving the call from Z

Velazquez did not present LAT to the KHRC veterinarians for Pletcher did not voice his concerns regarding the condition of

Stewards.

Dr. Bramlage did not identify to Dr. Peckham the jockey question.

Dr. Bailey, Breeders Cup panel veterinarian, did not notify Dor any of the other KHRC veterinarians of the text message sh

ESPN commentators made some incorrect on-air statements. Regarding communication, there were several pre-event me

among personnel from Breeders' Cup, KHRC and Churchill

logistics. KHRC also met with TRPB to discuss roles and resp

KHRC veterinarians and Breeders' Cup panel veterinaria

together the week prior to the Breeders' Cup to review the

conducted a daily meeting after morning rounds. ESPN cond

production meeting but did not invite Veitch or Underwmember of the KHRC staff. There was not an "all hands" meet

K. RECOMMENDATIONS.

Th l ibili i d h i f h Chi f S


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KHRC Equine Medical Director and Chief Veterinarian sh

roles and responsibilities of veterinarians assisting the KHRC

event. KHRC Equine Medical Director and Chief Veterinarian sh

distribution of veterinary staff on-track during races.

On Call veterinarian, provided by the AAEP to assist the meobligation to promptly inform the KHRC Chief Veterinar

information relevant to the health or safety of horses in a race.

Industry groups such as RCI, Jockeys Guild, The Jockey CHBPA and AAEP may consider discussing the following:

Formulation of a jockey responsibility rule. Weighing benefits of post parade jockey interview versus

the KHRC to protect the safety and integrity of the sport.

Consider a recommendation that the Jockeys Guild protraining to its members.

Consider the impact of post parade jockey interviews ointegrity.

Consider the role of owners and trainers in deciding allow their jockeys to grant a pre-race interview. If recommendation is made that jockeys should not be p

speak to the media after they leave the jockeys room

1:009 Section 11(2) will need to be amended. See Appen

KHRC to improve existing KHRC radio system. Radio comshould have central command post from which all transm

monitored. All agencies providing support to the KHRC shou

KHRC radios and assigned designated frequencies.

Improve organization between KHRC and outside groupsupport. Coordinate an all-hands pre-event meeting.

Educate owners, trainers, the media, and the public on the respof the regulatory veterinarians. Consider a request to th

expand its media guide to include the different roles

veterinarians at the racetrack.

Consider improved technology for locking betting windows at trace.

V. SHOULD A POST-RACE SAMPLE HAVE BEEN COLLECT

LAT?


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They (all 3) believed TOBA protocol required them to test

finishers.

They (Veitch) did not believe the test barn could accommhorses.

They (Becraft) were concerned the horse might require vete Communication came over the radio after the race that LAT wa The Stewards did not contact the test barn to determine if th

full.

Dr. Peckham said that there is occasionally a crowded test bthere are multiple graded stakes, one after another, on the sam

four horses from each race are sampled. In that instance, botpersonnel issues come into play which are addressed by simpl

horse or horses in the shed row until there is sufficient

personnel to collect the necessary samples. In such cases, th

are notified of what is going on. Dr. Scollay also stated that

never decline to sample a horse due to overcrowding in the test

All three Stewards regretted their lack of action in this matterB. OBSERVATIONS.

LAT should have been tested post-race. Arrangements could have been made in the test barn for LAT t The Graded Stakes Committee and TOBA do not require t

finishers to be tested. Nonetheless, this has been the custom i

for at least the last seven years.

The Breeders Cup, however, does require that the first four tested. The Breeders Cup also authorizes the Stewards to tes

horses.

C. RECOMMENDATIONS.

In early 2010, the KHRC began revising the post-racprocedure. The revised procedure addresses the above issueregulation (810 KAR 1:130) was filed in September 2010 an

effect on February 4, 2011. Under this new regulation, in gr

races, the top three finishers will be sampled along with o

additional horses selected for sampling based on guidelines

th l ti U d th li it i LAT


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VI. WERE ANY REGULATIONS VIOLATED?

After reviewing the investigative material, the Commission wany violations occurred. The following relevant regulations

identified. For text of relevant statutes and regulations cited

Appendix A.

A. JOCKEY.

810 KAR 1:025 Section 14 (1)(q).B. STEWARDS.

810 KAR 1:004 Section 3. 810 KAR 1:012 Section 9. 810 KAR 1:016 Section 14. 810 KAR 1:018 Section 11.

C. TRAINER.

810 KAR 1:008 Section 3. 810 KAR 1:018 Section 15.

D. DISCIPLINARY MEASURES.

810 KAR 1:028 Section 10.

VII. OTHER RECOMMENDATIONS.

The investigation raised other areas where improvement is reco

as follows:

Improved backside security, including documentation of personthe barn area.

Racetrack veterinarians record keeping should be upgraded standards of the Kentucky Board of Veterinary Examiners.

A d KAR (S d ) h S d


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APPENDIX A

KENTUCKY STATUTES AND REGULATIONS

I. JOCKEY

A. 810 KAR 1:009 Section 10. Duty to Fulfill Engagements.

shall fulfill his duly scheduled riding engagements, unless excused by th

due to circumstances under which a jockey could not reasonably be exp

physically present at the required time. A rider shall not be required to

he believes to be unsound, nor over a racing strip he believes to be unsafstewards find a rider's refusal to fulfill a riding engagement is based on

belief unwarranted by the facts and circumstances, the rider may be

disciplinary action.

B. 810 KAR 1:009 Section 11(2). Presence in Jockey Room.

reporting to the jockey room shall remain in the jockey room until he h

all his riding engagements for the day, except to ride in a race, or exceptrunning of a race from a location approved by the stewards. While a rid

of the jockey room, a rider shall not have contact or communication with

other than an owner or trainer for whom he is riding, a racing o

representative of the regular news media, until the rider has fulfilled a

engagements for the day.

C. 810 KAR 1:016 Section 14. Horses to be Ridden Out. Eve

every race shall be ridden so as to win or finish as near as possible

demonstrate the best and fastest performance of which it is capable at

horse shall not be eased up without adequate cause, even if it has n

chance to earn a portion of the purse money.

D. 810 KAR 1:025 Section 14(1)(Q). License Denial, Revo

Suspension. The commission, executive director, chief racing steward

of licensing may deny a license application, and the commission or steward may suspend or revoke a license, or otherwise penalize in acco

KRS 230.320(1) a licensee, or other person participating in horse racing

the following reasons . . . (q) The licensee or applicant has engaged in c

is against the best interest of horse racing . . ..


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B. 810 KAR 1:004 Section 4(1) and (8). Duties and Respons

Stewards. In addition to the duties and responsibilities necessary and

general supervision, control, and regulation of race meetings, and withthe authority of the stewards to perform these and other duties enumera

administrative regulations, the stewards shall have the following specifi

responsibilities:

(1) To take appropriate action on all misconduct or adm

regulation infractions, to cause investigations to be made of all instance

infractions, and to take appropriate action to prevent an administrativ

infraction.

(8) To supervise the taking of entries and receive all decla

scratches and determine all questions arising and pertaining to decla

scratches. The stewards in their discretion may refuse the entry of a

any person, refuse to permit a declaration or scratch, or may limit entrie

C. 810 KAR 1:012 Section 9(1). Serviceable for Racing. A horbe entered or raced that:

(1) Is not in serviceable, sound racing condition. The stewards

time cause a horse on association grounds to be examined by a qualified

D. 810 KAR 1:016 Section 14. Horses to be Ridden Out. Ste

take cognizance of any marked reversal of form of a horse and sh

inquiries of the licensed owner, licensed trainer, and all other personwith the horse. If the stewards find that the horse was deliberately r

impeded in any way or by any means so as not to win or finish as near a

first, any person found to have contributed to that circumstance may b

at the discretion of the stewards.

E. 810 KAR 1:018 Section 11. Sample Collection, Testing, and

Sample collection shall be done in accordance with the instructions provcommission veterinarian. The commission veterinarian shall take a sam

horse that finished first in a race and a horse or horses designated by th

to determine if there has been a violation of this administrative regulatio

F 810 KAR 1:027 Entries Section 15(1) and (5) Scratches


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stewards and pari-mutuel manager, and shall cause public announcem

scratch to be made.

(b) If a list of also-eligibles has been drawn, scratches shall beregular scratch time as posted by the racing secretary. Thereafter, a hor

be scratched unless:

1. A valid physical reason exists; or

2. The scratch is related to adverse track conditions or chang

surface.

(5) A horse that has been scratched or excused from start

stewards because of a physical disability or sickness shall be placommissions veterinarian list for six (6) calendar days beginning the d

horse was scratched or excused.

III. TRAINER

A. 810 KAR 1:008 Sections 3(4) and (9). Duties and Respons

licensed trainer shall bear primary responsibility for the proper catraining condition, safety, and protection against the administration o

drugs or medication of horses in his charge. A licensed trainer:

(4) Shall bear primary responsibility for horses he enters as t

weight allowance claimed; physical fitness to perform creditably at t

entered; absence of prohibited drugs or medications; proper shoes, ban

equipment; and timely arrival in the saddling paddock. A licensed trai

jointly responsible with the licensed owner for horses he enters apayments and jockey fees due.

(9) Shall promptly report to the [commission] veterinarian

identifier any sickness or death of any horse in his charge.

B. 810 KAR 1:018 Medication; testing; prohibited practices. Se

and (5). Trainer Responsibility. (1) A trainer shall be responsicondition of a horse in his or her care.

(5) A trainer shall be responsible for:

(c) The proper identity, custody, care, health, condition, and safe

in his or her care;


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IV. OTHER

A. 810 KAR 1:028 Section 10. Disciplinary measures by the cUpon finding a violation or an attempted violation of the provisions of K

230 relating to thoroughbred racing or Title 810 KAR, if not otherwise p

in this administrative regulation, the commission may impose one (1) or

following penalties:

(a) If the violation or attempted violation may affect the health

the horse or a participant in a race or may affect the outcome of a rac

horse or a licensee ineligible to race or disqualify a horse or licensee in a

(b) Suspend or revoke a person's licensing privileges for a perionot more than five (5) years as may be deemed appropriate by the com

keeping with the seriousness of the violation; or

(c) Eject or exclude persons from association grounds for a len

the commission deems necessary.

(2) The licensee whose licensing privileges may be suspended

and the commission may enter into an agreement to mitigate the su

revocation by agreeing to payment of a fine in an amount not to exceedmay be deemed appropriate by the commission in keeping with the se

the violation and the facts of the case.

B. GENERAL AUTHORITY OF COMMISSION

1. KRS 230.215(2). It is hereby declared the purpose and intent of t

in the interest of the public health, safety, and welfare, to vest in

commission forceful control of horse racing in the Commonwealth wpower to promulgate administrative regulations prescribing conditions u

all legitimate horse racing and wagering thereon is conduct

Commonwealth so as to encourage the improvement of the breeds of h

Commonwealth, to regulate and maintain horse racing at horse race

the Commonwealth of the highest quality and free of any corrupt, in

dishonest, or unprincipled horse racing practices, and to regulate an

horse racing at race meetings in the Commonwealth so as to dissipate aassociation with the undesirable and maintain the appearance as well a

complete honesty and integrity of horse racing in the Commonwealth. In

the general powers and duties vested in the racing commission by this c

the intent hereby to vest in the racing commission the power to eject

from association grounds or an part thereof an person licensed or


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2. KRS 230.225(7)(a). The Commission is responsible for developing

and procedures for oversight and regulation of horse racing matters, incl

not limited to race day medication.

V. VETERINARIANS

A. 810 KAR 1:024 Section 4. Commission Veterinarian. The

shall employ a graduate veterinarian licensed in Kentucky and experience

medicine and practice.

(1) The commission veterinarian shall:(a) Advise the commission and the stewards on all equine veterin

(b) Supervise and control the detention area;

(c) Collect samples for the testing of horses for prohibited me

outlined in 810 KAR 1:018;

(d) Inspect and report all horses entered for racing soundness;

(h) Be attendant on the stewards and the racing secretary at seach day;

(i) Examine horses as racing officials may request;

(j) Make prompt reports to the racing officials;

(k) Be present in the paddock for saddling;

(l) Inspect the horses for:

1. Physical fitness;

2. General conditions; and

3. Any unsoundness;(m) Accompany each field to the starting gate;

(n) Observe all horses after the finish of each field.

(2) The commission veterinarian shall have the authority to deter

(a) A horse has suffered an injury:

1. While in the paddock;

2. During the post parade; or3. At the starting gate; and

(b) A horse is unfit to race and shall recommend to the stewar

horse be excused and placed on the veterinary list.

(3) All horses requested to be scratched for physical reasons a

time shall be inspected b a commission eterinarian ho shall report th


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APPENDIX B -1

Investigators Summary

To: Kentucky Horse Racing Commission

From: Patrick Adams, Director of Enforcement

Date: March 10, 2011

Prior to the running of the BC Ladies Classic at Churchill Downs on N

2010, ESPN reporters interviewed jockey John Velazquez while he was

Life At Ten (LAT). The ESPN commentary and LATs performance

race led to an investigation by the KHRC. The results of the inves

outlined in this summary.

LAT is owned by Candy DeBartolo and trained by Todd Pletcher.

reporter who interviewed Velazquez during the warm up was Jerry B

this interview, commentary was made by ESPN reporters JeanninRandy Moss, Joe Tessitore, Kenny Mayne, Hank Goldberg and Jay Priv

statements made by Todd Pletcher added to the controversy. There wer

made by the ESPN reporters about the KHRC veterinary staff that were

The first group of people covered in this summary will be the KHRC

staff. KHRC veterinarians were positioned around the track to observe

during the warm up and running of the race. While it was r

veterinarians were advised of the ESPN commentary, no KHRC veter

given any specific information. Dr. Larry Bramlage asked if a jockey ha

a horse for inspection; however he did not provide the name of a hors

Dr. Bramlage was the front side AAEP On-Call veterinarian for the ev

the KHRC veterinarians were interviewed and provided written state

their respective locations and observations before, during, and after the

the race. None of the KHRC veterinarians observed signs of lameness o

any of the horses in the BC Ladies Classic prior to the race. Velazq

present LAT for inspection to any KHRC veterinarian. During the runrace, LAT trailed the rest of the field but was not pulled up by Velaz

finishing the race many yards behind the field, Velazquez pulled up LA

finish line. KHRC Chief Veterinarian, Dr. Bryce Peckham, inquired

horse, and Velazquez replied that the horse was fine.


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to the attention of the KHRC staff because she assumed the situatio

addressed due to the radio conversation between Dr. Bramlage and Dr. P

KHRC investigators interviewed all of the other trainers and jockeys in

determine if they saw or heard anything concerning LAT. These

garnered no information as all of the individuals were focused on the ra

respective horses.

The pony riders for this race were also interviewed, with much the sam

the trainer and jockey interviews. However one pony rider, Jerry Meal

LAT looked stiff and appeared to be reluctant during the warm up. Berode the pony for LAT and stated she was concerned about the horse,

not think Velazquez felt he was in danger because he did not present t

examination to the veterinary staff. Deputies from the Jefferson Coun

Office provided twenty-four hour security the week of the Breeders

deputies were assigned to each barn. According to the deputies, nothin

ordinary or illicit occurred during the week. The Thoroughbred Racin

Bureau also provided seventeen agents during the week for enhanced sechief TRPB agent, Pete Lang, stated none of the TRPB agents re

irregularities or suspected rule violations.

Trainer Todd Pletcher was in the Horsemens Lounge prior to the runnin

Ladies Classic. ESPN was not being shown, but Pletcher overhear

technician state that LAT was being taken to the veterinarians for e

After he heard this statement, Pletcher went down to the track to l

Comments Pletcher later made to ESPN reporter Jay Privman were bashe overheard from the ESPN technician. Later Pletcher acknowled

KHRC investigator that Velazquez had not asked for LAT to be exa

veterinarian.

Pletcher watched the ESPN coverage for the first time during his int

KHRC investigators. Based on what he observed, he stated he saw n

the horse to be scratched. While the horse was calmer than usual in tPletcher felt the horse would race well.

Velazquez also expected LAT to run well. During his pre-race interview

Bailey, Velazquez said the horse was not warming up like she norm

When inter ie ed b KHRC in estigators Vela que obser ed that


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conducted with the following Pletcher employees: Michael McCarth

trainer; Patty Krotenko, exercise rider; Miguel Rivera, groom; and, Hor

barn foreman. These employees noticed LAT was unusually calm on th

race, but expected LAT to run well. During their respective interview

employees voiced different opinions regarding LATs calm demeano

performance, including a reaction to the cold weather and the lights. Fo

race, they agreed LAT showed no outward signs of lameness and di

distressed. However, they added the horse seemed to be tying up afte

to the barn and receiving a bath. LAT was treated that night for this c

Dr. Ken Reed.

The owner, Candy DeBartolo, explained that due to other personal an

obligations, DeBartolo had not been involved in the management of LA

never seen her run before. The DeBartolos hired a racing manager, Dav

oversee all aspects of LATs training. Vance was interviewed sever

KHRC investigators.

LAT was treated by Dr. Steven Allday, Dr. Robert Landry and Dr. Ken Rthe week leading up to and after the Breeders Cup.

Dr. Allday injected LATs joints on November 1, 2010. Dr. Allday watch

on ESPN and stated that he thought LAT was tying up during the w

believed LAT should have been scratched.

Dr. Landry administered the race day medications of Lasix a

approximately four hours prior to the post time. Dr. Landry did notreating LAT before or after these administrations and was not pres

Reeds treatments.

Dr. Reed was interviewed and stated he had treated LAT with Phen

during the week leading up to the race. Dr. Reed watched the ESPN c

felt that LAT appeared to be tying up during the warm up. After wat

poor performance, Dr. Reed went to Pletchers barn and treated LAT forace for tying up. Dr. Reed did not recall LAT having an elevated t

that evening, but said she did have an elevated white blood cell count

believed LAT may have had an undiagnosed virus or infection which m

the poor performance.


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Edwards informed Dr. Bramlage of the ESPN commentary and believ

Bramlage would forward the information to the KRHC veterinarians.

Bramlage was aware of the specific jockey and horse number in question

forward that information to Dr. Peckham because he felt that rep

spectators might overhear him.

Prior to the running of the race, Dr. Northrop was on the back side and

call from his assistant, Dr. Ross Russell, advising him of the ESPN co

Dr. Northrop attempted to call Dr. Bramlage, but did not reach him bef

started. Dr. Northrop met LAT on the track after the race and walke

her to the barn. He noticed no outward signs of lameness or distress. Dwas advised by McCarthy that he believed LAT reacted to the lights.

Churchill Downs starter, Scott Jordan, was unable to see LAT prior to b

in the gate. As he loaded LAT into the gate, assistant starter Mike Edw

nothing out of the ordinary with her. Edwards also stated that Velazq

say anything to him regarding LATs condition. Edwards noticed LAT b

from the gate. Other assistant starters, as well as the tractor driver fwere interviewed but provided no additional information.

Outrider Greg Blasi heard Velazquez portion of the ESPN comm

believed the horse appeared to be travelling wide in the front. On retro

said he felt he should have said something, but expected Velazquez to

horse for examination if he was concerned about LATs condition.

The ESPN reporters were interviewed. They believed they were givingpublic important information regarding the race. ESPN producer Amy

telephoned the stewards about the ESPN commentary. While the exact

call is unknown, it is believed to have been approximately five minutes

seconds before LAT was loaded into the starting gate. Wagering an

conducted by the following three entities: the KHRC; TRPB; and, B

irregularities or integrity concerns were raised in the respective analyse

While LAT was not sampled following the race, blood samples were take

TCO2. These samples were sent to the KHRC laboratory for testing. N

substances were detected in the blood samples. The KHRC also su

syringes used to administer Lasix and Amicar to LAT to the KHRC la

testing No prohibited substances ere detected in the s ringes T


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Conclusion:

It is clear a communication breakdown contributed to this controvers

Bramlage given the jockeys name or horse number to Dr. Peckham t

could have been resolved before the running of the race. If Dr. Bailey

the information she received in a text message to the KHRC veterinar

incident could have been resolved before the running of the race. If t

had notified the veterinary staff after Zimmerman contacting them t

could have been resolved before the running of the race. Pletcher, hi

Velazquez all noticed LAT was unusually quiet during the day and in t

Velazquez also noticed LAT was not warming up like she normally dithe best position to feel a potential problem and have the horse

Velazquez obviously did not present LAT to the KHRC veterina

examination. Had Pletcher or Velazquez communicated any conce

veterinarian this situation could have been resolved.


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APPENDIX B -2

FINDINGS

To: Kentucky Horse Racing Commission

From: Patrick Adams, Director of Enforcement

Date: March 10, 2011

1) LAT arrived at Churchill Downs on October 26, 2010 and was stab#34. Groom Miguel Rivera arrived with LAT.

2) LAT had a published work at Churchill Downs on October 30, Krotenko was the exercise rider. Later Miss Krotenko was inter

stated the horse worked well and experienced no problems durin

leading up to the BC BC Ladies Classic.

3) On November 1, 2010, Dr. Steven Allday checked LAT for laminjected two joints.

4) During an interview with Dr. Reed, he stated he had treatedPhenylbutazone (bute) on Thursday November 4, 2010. Dr. Lan

LAT with Lasix and Amicar on race day. The syringes

administration were collected and tested. No prohibited subst

detected.

5) LAT received new hind shoes on the morning of the race by farrier Sr. Amato was not licensed by the KHRC at the time.

6) On November 5, 2010, KHRC veterinarian Dr. Bentz and Breedersveterinarian Dr. Picciano performed the pre-race examination on L

written statement, Dr. Picciano said LAT jogged fine. Dr. Bentz

LATs right front leg, but after discussion believed the uneven gr

barn caused him to question the movement.

7) Pletcher barn foreman Horatio De Paz took LATs temperature thethe race and noted her temperature was normal.

8) On race day, Rivera noticed that LAT was more quiet than usuconcerned that she was reacting to the colder air temperature.

9) Prior to the race blood was drawn for TCO2 testing by Jenna Hardy


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and ESPN analyst Randy Moss made comments regarding their o

of LAT.

12) After hearing the ESPN commentary, ESPN producer Amy telephoned the stewards. Zimmerman spoke to Chief State SteVeitch and told him that Velazquez was complaining about his hors

took place approximately five minutes and thirty seconds prior to

loaded into the gate.

13) As the horses were loading, Bailey asked Velazquez if LAT was anyhe responded, no, not really.

14) After hearing the ESPN commentary, ESPN reporter Jeannine EDr. Larry Bramlage about the commentary. Because Ms. Edwar

Dr. Bramlage would ask the KHRC veterinarians to examine

reported that Dr. Bramlage was in contact with his veterinarians on

15) Dr. Bramlage contacted Dr. Peckham, but did not advise Dr. Peckspecific horse and jockey of concern.

16) At no time did Velazquez present LAT to the KHRC veterexamination.17) Todd Pletcher was watching the race from the Horsemens Lounge

hear the ESPN commentary. He overheard an ESPN technician

number one horse was being taken to the veterinarians to be exami

18) While the horses were approaching the gate, Breeders Cup panel vDr. Jill Bailey received a text message regarding the ESPN comm

Bailey did not notify any KHRC veterinarians of the text. Dr. Bail

the situation had been handled because of the radio traffic b

Bramlage and Dr. Peckham.

19) Dr. Bailey observed LAT as she approached the gate and noticed signs of lameness on LAT.

20) After hearing the ESPN commentary, Dr. Ross Russell telephonedNorthrop. Dr. Russell believed the horse was tying up.

21) After receiving Dr. Russells telephone call, Dr. Northrop attempteBramlage, but was unable to reach him.

22) After the race, Velazquez told assistant trainer Michael McCarshould have scratched LAT due to her poor race performance Ve


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25) After the race, Dr. Northrop walked with LAT back to the barn. no signs of lameness or distress. Dr. Northrop heard McCarthy say

LAT reacted to the lights.26) According to Rivera and De Paz, LAT showed signs of tyin

returning to the barn and receiving a bath.

27) After returning to the barn, De Paz took LATs temperature and nelevated at 102 degrees.

28) Dr. Ken Reed treated LAT after the race for tying up withmedication. Dr. Reed does not recall LAT showing an elevated tem

29) Two different video feeds were being shown during the event aDowns: one from ESPN and one in house.

30) The remaining TCO2 blood was sent to the KHRC laboratory for prohibited substances were detected.

31) On November 6, 2010, Dr. Reed performed blood tests on LAT, thwhich indicated to him that she suffered from an undiagnose

infection.32) While watching the ESPN commentary for the first time during

interview, Pletcher stated he saw nothing wrong with LAT and no

her to be scratched.

33) During their respective interviews, Dr. Allday and Dr. Reed believtying up during the pre-race warm up.


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APPENDIX B-3

Kentucky Horse Racing CommissionReport of Investigation

Life At Ten

Staff Timeline Report:

On November 5, 2010 prior to the running of the Breeders Cup Ladies C

Ladies Classic) at Churchill Downs reporters from ESPN interviewed

Velazquez (Velazquez) while he was warming his horse up. The horswas riding, in the tenth race of the Breeders Cup, was Life At Ten (

comments made by Velazquez, and those of the reporters from ESPN,

the performance of the horse during the race led to an investigat

Kentucky Horse Racing Commission (KHRC). The following is a tim

investigation. The timeline represents an overview of the activities ta

the investigation. It does not go into detail about daily conversations an

November 5, 2010

KHRC Executive Director Lisa Underwood (Underwood) was present

BC Ladies Classic. Underwood continued to watch LAT after the race

ambulance picked her up or what happened. After the race, a KHRC v

said she is OK; shes walking fine; she is not lame.

Underwood stopped Chief State Steward John Veitch (Veitch) wh

walking through the paddock to leave for the day and called KHRC EquDirector, Dr. Mary Scollay (Dr. Scollay) to check on the health of LAT.

said the veterinarians were going to go to the barn to look at LAT.

November 6, 2010

Dr. Scollay contacted Dr. Sally Baker (Dr. Baker), American Associa

Practitioners (AAEP), for contact info for ESPN assistant pro

Zimmerman (Zimmerman).

Prior to arriving at Churchill Downs, Underwood talked to Commis

Travis about the LAT situation. At that point Underwood knew LA

discussed on television.


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Underwood went to stewards stand with Dick Brown (Brown). Under

steward Rick Leigh something like, did you hear ESPN coverage on

said, yeah we heard it. Brown and Underwood stood with Veitch on

and asked him if ESPN had called. He said yes. Underwood did not d

into timing because it was apparent that there needed to be in-depth que

an investigator.

Underwood told Veitch to interview LAT trainer Todd Pletcher (Ple

Velazquez. Veitch already knew to do this because it was part of his dut

as a reminder she said it.

Underwood told Dr. Scollay to get statements from all of the veterinar

track (Breeders Cup veterinarians, Dr. Larry Bramlage (Dr. Bram

KHRC veterinarians) while their memories were fresh.

Dr. Scollay arrived at ESPN trailer for meeting with Zimmerman, Moss

Director of Enforcement Pat Adams (Adams) spoke to Underwood wh

that outrider Greg Blasi (Blasi) be interviewed about the statemen

Velazquez prior to the running of the BC Ladies Classic. Und

requested that Adams interview the pony person and assistant starter

LAT into the gate.

November 7, 2010

Adams spoke to Blasi at the race office. Adams asked if he had heard th

made by Velazquez and Blasi stated he had. Blasi said Velazquez neveKHRC veterinarian or any veterinarian to look at LAT. The only perso

spoke to about the horse was Bailey. Blasi added he did not advise

veterinarians of what he had heard, nor did he request a veterinarian

LAT. Blasi said the horses were led to the gate and LAT was loaded

with the rest of the field. Blasi stated he felt Velazquez should hav

horse to be examined if he truly believed the horse was not fit to race.

he believed LAT was travelling wide in the front during the warm up.

November 8, 2010

Underwood asked Churchill Downs President Kevin Flanery (Flaner

video of the stewards room, any tapes of the paddock and the race and f

Do ns to request a agering anal sis from the Thoroughbred Racin


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documents to be collected. Underwood also had asked for a wagering in

to be conducted. Drug testing was requested to be conducted on all the

KHRC has for Pletcher trained horses. All syringes collected from t

Pletcher trained horses were also sent for testing.

Dr. Scollay asked ESPN for their tape of the BC Ladies Classic

veterinarians to provide the KHRC their respective locations on the track

Underwood asked KHRC Supervisor of Pari-mutuel wagering, Greg Lam

to look into wagering integrity aspects of the race.

Dr. Scollay contacted Dr. Bryce Peckham (Dr. Peckham) to request

information of the pre-race blood samples.

Dr. Scollay received Dr. Peckhams response to pre-race blood informatio

November 10, 2010

A meeting was held at Churchill Downs. Present for this meetin

following KHRC staff: Underwood, Adams, and Lamb. Via telephon

Executive Director Marc Guilfoil (Guilfoil), and Dr. Scollay.

Underwood met with the stewards and instructed them that media conta

coordinated through the KHRC offices.

Underwood advised Adams to obtain statements from the veterinarians

and all KHRC veterinarians located around the course. Adams was alsspeak to Zimmerman from ESPN regarding her conversation with th

prior to the running of the BC Ladies Classic.

Adams spoke to Dr. Brent Cassady (Dr. Cassady) and Dr. Peckham an

statements as to their positions around the course and any observa

during or prior to the race. Dr. Peckham stated he had already s

statement and would forward a copy to Adams. Dr. Cassady e-mailed

at approximately 1:00 p.m.

Adams obtained a copy of LATs treatment sheet from KHRC test bar

Greg Berry (Berry). This sheet showed that the horse was tr

Furosemide (Lasi ) and Amicar at 3:25p m on No ember 5 2010 b eit


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Lamb called Andy Cunningham (Cunningham) of Betfair in London.

sent an e-mail to Cunningham asking whether there were any large wag

to lose.

On either November 10th or November 11th, Underwood emailed Cu

(Linnell) requesting TRPB conduct a wagering analysis.

Underwood began compiling a list of recommendations.

November 11, 2010Betfair reported they did an analysis of exchange wagers

www.betfair.com (and therefore placed by non-US residents) on the

Classic. Betfair did not find anything unusual or anything that rais

concerns.

In response to requests from Underwood made earlier in the week, Flane

to Underwood that Churchill Downs does not have a camera or tapes o

room activity. The camera was ESPNs and he was going to ask ESPN

a tape. Churchill Downs was going to talk to TRPB that afternoon ab

wagering analysis. Flanery agreed to give Adams whatever tapes Chur

had.

Underwood talked to DeBartolo Racing Manager David Vance (Van

phone. Vance was upset with comments made by Veitch that were in

Journal article. Vance stated what is right is to acknowledge in hinhorse should have been scratched and tested. Vance said he felt c

respond publicly to Veitch. Vance said they were trying to decide on th

and could not stand by and allow insult and denial.

November 12, 2010

Adams e-mailed Dr. Robin White (Dr. White) requesting him to call. A

later Dr. White telephoned and Adams asked if he had seen LAT warm

White stated he did not see the horse warming up and had not heard th

of the jockey. Dr. White said he was at the starting gate close to Dr. P

overheard someone on the radio ask if a jockey had brought a ho

veterinarians to check. White added there was no mention of a speci

jocke and he had assumed the radio traffic as from the ste ards W


42/161

Pletcher was apologetic about the statements he had made on ESPN a

Ladies Classic in which he erroneously stated that Velazquez had asked

vets to look at LAT. He now realized Velazquez had not made that requ

Adams asked Veitch if he had radioed the veterinarians at the gate

advised that he had not. Adams asked if he had heard any radio traffic

jockey had presented a horse at the gate for examination and Veitch sta

heard nothing on the stewards radio about the horse. Veitch added tha

the steward monitoring the radio on November 5, 2010.

A telephonic interview was conducted with Zimmerman. During thZimmerman said she heard the first part of the interview with Velazque

the stewards via the ring down telephone. Zimmerman stated she talke

Veitch. During this conversation Zimmerman said she notified the stew

interview and believed the stewards were watching the telecast. Zimm

there was ample time to do something before the horses were loaded in

the race. Zimmerman had the opinion there was a "colossal com

problem" that prevented the horse from being seen by the ve

Zimmerman said when the horses turned to go to the gate she though

was going to be examined.

Adams then spoke to steward Brooks Butch Becraft (Becraft) to as

radioed Dr. Peckham. Becraft said he did not radio the vets at the gate

Becraft stated he was the steward monitoring the radio and he did n

such transmission to Dr. Peckham about LAT.

Adams called for Dr. Bramlage and was advised he was out until No

2010.

Adams received an e-mail from Cunningham advising that Betfair ha

an analysis and did not find anything unusual or anything that rais

concerns.

November 13, 2010

Adams telephoned Dr. Debbie Lamparter (Dr. Lamparter), Dr. Dana

Stead), and Dr. Liz Santschi (Dr. Santschi) with a request to call A

LAT.


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hear if there was any radio traffic on the KHRC radio. From her pos

track Dr. Lamparter was unable to see LAT warming up prior to the rac

Dr. Santschi telephoned and stated she was located in the door ofambulance positioned near the 1/4 pole. Dr. Santschi said Dr. Jill

Bailey) was out on the track and Dr. Bentz was located near the center

while the horses were warming up. Dr. Santschi said she did not see a

signs of lameness on any of the horses running in the BC Ladies Classic

Adams received a telephone call from Dr. Stead. Dr. Stead stated he wa

the chase truck which was located approximately 100 yards behind tgate. Dr. Stead said he was with Dr. Farmer when he was asked by Dr.

any horses were presented for examination. Dr. Stead stated he was u

the horses warming up from his position and only saw the horses wal

starting gate. Dr. Stead said he saw no outward sign of lameness of

horses. Dr. Stead added he believed there was a "communication meltdo

this incident.

Adams proceeded to the test barn to speak with Dr. Peckham. Adams re

report and Dr. Peckham forwarded the report via e-mail. During this c

Dr. Peckham stated KHRC Commissioners Ned Bonnie (Bonnie) and

Northrop (Dr. Northrup) had been on the backside on Saturday No

2010 speaking to outrider Blasi.

Adams met with Blasi outside the test barn (detention barn) after spea

Peckham. Blasi stated he had spoken to the Commissioners and relateinformation to them as he had during the earlier interview with Adams.

Adams met with Dr. Northrop in the barn area at Churchill Dow

explained he would like to ask what information he had been given from

Northrop related the information and the information was the same. D

added he had been made aware of the LAT ESPN broadcast by his as

Ross Russell (Dr. Russell), via telephone. Dr. Northrop stated he w

the Churchill Downs feed, of the pre-race warm up, from an office in

trainer Neil Howard. The Churchill Downs feed did not contain th

between Velazquez and Bailey. Dr. Northrop explained he was the AA

veterinarian for the backside during the Breeders Cup and attempted to

Bramlage ia radio but decided against transmitting the informat


44/161

November 14, 2010

Underwood and KHRC Chairman Bob Beck discussed the need for an i

investigator to conduct the portion of the investigation relating to th

Various potential investigators were discussed. There was a desire to fiat no cost to the KHRC and who did not have a conflict of interest.

November 15, 2010

Underwood talked to Vance again. He said LAT was back to normal a

to Florida for 30 days and then go back into training. He thought th

temperature every 2-3 hours before a race and there was nothing

elevated anything. After the race, the blood count and enzymes were ofHis explanation was that LAT wasnt drinking as much water and

become dehydrated.

Underwood talked to Dr. Northrop and he said he walked back with LA

race and she didnt look tied up. He wanted to see the pre race video t

was tying up. She was not lame.

November 16, 2010

Underwood told KHRC General Counsel Susan Speckert (Speckert)

that she would like to have the Daily Training Logs for LAT for the last

all veterinarian records for LAT for the last six months and racing reco

for the last six months by the end of the week.

November 17, 2010

Adams telephoned Velazquez and spoke to a female who stated Velazquhome. Adams requested a return call and provided a cellular telephone

Adams telephoned the number provided for Pletcher and received

advising the number was no longer in service.

Adams received a return call from Velazquez. Adams requested his ap

the KHRC offices in Lexington, Kentucky. Velazquez stated he would

needed to contact his attorney and asked if he would need an attorney.

Velazquez he could not advise him if he needed an attorney as that w

decision.

Adams re ie ed a cop of the telecast pro ided b ESPN Present


45/161

added he was not looking to assess blame, and was only trying to e

events were not repeated. Meyocks shared his opinion the jockeys are

fairly in Kentucky and he was calling to see what the scope of the investi

Upon Adams arrival at Churchill Downs he telephoned Pete Lang (L

TRPB. Adams asked if any TRPB agent reported any irregularities

Breeders Cup in Pletcher's barn, Barn # 34. Lang stated he had not r

reports from any TRPB agents about any suspected problems or v

Pletcher's barn.

November 18, 2010Underwood and Beck met with Breeders Cup representatives Greg Avio

Matt Lutz (Lutz) and Bob Watt to discuss strategy. Breeders Cup m

was supportive of the KHRC conducting a thorough investigation a

recommendations. The group decided that the focus should be on:

participants act in the best interest of racing? 2. What could KHRC

Underwood went through the list of people to be interviewed, ana

conducted, etc. As a result of the meeting the scope of the interviews wa

to include people such as all of the trainers and jockeys in the Ladies

assistant starters, Mike McQuade (McQuade), Flanery, Churchill Dow

of Racing Donnie Richardson (Richardson), Churchill Dow

Superintendent Butch Lehr (Lehr), Churchill Downs Parimutuel M

Churchill Downs tractor driver. It was mentioned Arquana had a

France and the Breeders Cup could obtain the tapes for KHRC. Also

Breeders Cup could obtain the TVG tape for KHRC.

Adams telephoned Dr. Bailey, Breeders Cup veterinarian panel, and

saw LAT. Dr. Bailey stated she saw the horse but observed no outw

lameness from any of the horses in the field. Dr. Bailey said she saw

talk to Dr. Bentz but did not hear the conversation.

Adams telephoned Kathy Picciano DVM (Dr. Picciano), Br

veterinarian panel, and left a message requesting an interview.

Adams collected the Breeders Cup horse inspection cards from th

Adams only retained the cards for the BC Ladies Classic. The rema

horse inspection cards were returned to the test barn.


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the start of the race. While the horse was well behind the rest of th

Picciano stated she did not see any outward signs of lameness. Dr. Pic

the jockey continued to ride the horse around the race course. Dr. Pic

she was present at the gap when the horse was walking back to the barace and heard assistant trainer Michael McCarthy (McCarthy) say th

been bothered by the lights.

Adams telephoned Pletcher and requested an interview. Pletcher stat

have his attorney contact Speckert for a date and time. Adams reques

records, veterinarian records and race records for last six months for LAT

Adams telephoned assistant trainer McCarthy in an attempt to

interview. McCarthy stated his wife had just had a baby and would call

Clark was requested by Speckert to assist in this investigation by

interviews on multiple trainers and jockeys that were in the paddock

BC Ladies Classic. Clark was requested to interview the following indiv

Jockeys:

Kent Desormeaux (Desormeaux), Joel Rosario (Rosario), Jeremy Ro

Julian Leparoux (Leparoux), Robby Albarado (Albarado), Jo

(Lezcano), Alan Garcia (Garcia), Rafael Bejarano (Bejarano), C

(Borel), Garret Gomez (Gomez)

Trainers:

Bill Mott (Mott), Jerry Hollendorfer (Hollendorfer), Tony Dutrow (TRick Dutrow (R. Dutrow), Rusty Arnold (Arnold), David Carroll (Car

McGaughey (McGaughey), Scott Fairlie (Fairlie), Dallas Stewart (St

November 19, 2010

Underwood had a conversation with Vance. He told her LAT ow

DeBartolo (DeBartolo) wanted a copy of the blood test that was

Underwood said, the jockey should have taken the horse to o

veterinarians. Vance responded, well thats true. Underwood told hi

stewards were implicated as well, it was no longer in the stewards hand

the commission level. Vance mentioned people were whispering in DeB

about suing. He stated that he wants to attend the KHRC meeting w

front of the KHRC


47/161

assistant trainer McCarthy if the horse was OK. McCarthy replied he

horse was bothered by the lights.

An interview was conducted with assistant starter Mike Edwards (Mr.Mr. Edwards stated he loaded LAT into the starting gate for the BC Lad

Mr. Edwards said the horse loaded into the gate fine and stood with n

Mr. Edwards said Velazquez did not say anything while waiting on the

Edwards said Velazquez never asked the veterinarian to look at the

Edwards added LAT had to walk right by the KHRC veterinarian and

had every opportunity to talk to the veterinarian.

An interview was conducted with ESPN analyst Bailey via telephone.

interview Bailey explained the microphone was wired for the pony pe

next to the jockey. Bailey said he chose which jockeys he would inter

three days prior to the race date. Bailey said there was no commun

Velazquez prior to the interview.

An interview was conducted with Dr. Bramlage, on call AAEP veterina

to the race Dr. Bramlage was standing in the winners circle. Dr. Bram

did not hear the interview Velazquez had with Bailey and Moss. Dr. Br

he was contacted by ESPN analyst Jeannine Edwards (Ms. Edwards) a

LAT had been examined by the veterinarian staff on the track. Dr. Bram

he contacted Dr. Peckham, via radio, and asked if any jockey had presen

for examination. Dr. Peckham replied none of the horses in the fiel

presented for examination. Dr. Bramlage said he did not feel

mentioning the name or number of the horse on the radio from his locati

Adams received a telephone call from Sgt. Mike Littlefield (Littlef

Jefferson County Sheriff's Office (the JCSO) advising he would forward

of the assigned deputies via e-mail.

Adams spoke to Dr. Bentz, KHRC, and requested a written statement

stated he would provide a statement and talked briefly about

surrounding LAT. Dr. Bentz said he had positioned himself near the m

track and had been approached by Dr. Farmer and asked if any

presented a horse for examination. Dr. Bentz replied there had bee

presented.


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An interview was conducted with the Horse Identifier, Barbara Borden

Borden stated she had identified LAT and in doing so did not notice any

the ordinary with the horse. Borden said she was watching the Churvideo feed, with sound muted, in the claims office after identifying the ho

BC Ladies Classic. Borden said she did not know of the interview u

time, either later that evening or the next morning.

An interview was conducted with pony rider Betty H

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