Hearing on Bob Baffert's request for Medina Spirit's urine to test has begun. Hold tight.
Apparently the actual issue is that Baffert/Zedan want ALL of the urine, not just 2ml, which is what the Ky racing commission has offered. Judge Wingate says he doesn't think that's fair, wants to know why.
Atty Craig Robertson says there are 3 issues: 'That urine needs to remain intact & frozen until gets to lab' (can't be thawed). 2) 'Lab needs to have access to whatever amt needed for tests.' 3) Lab needs to be able to test 'full panoply' of tests (for all ingredients in Otomax)
"Whatever's left, they can have" (meaning send back to racing commission/lab)
Wingate suggest that (Racing Com executive director) Marc) Guilfoyle drive the sample from one lab to another to keep it safe. "This is not a typical case ... this hasn't happened since '68," Wingate says.
Or, Wingate says, they fly it up together, watch it.
Wingate says this is somewhat of a black eye on the industry.
Asks KHRC atty Jennifer Wolsing "do you really need all that urine?"
Wolsing says need to keep the chain of custody remains neutral in case other testing needs to be done.
Wingate asks, "Does it matter?" (If the substance was topical, not injection) points to Graham Motion case, in which Ky Supreme Court reversed Wingate, said it was irrelevant that it didn't really matter if it impacted result of race.
Baffert atty says "we believe he will be complete exonerated in this case" by the "mitigating circumstance"
"My client has been excoriated unfairly by the public ... has been accused of cheating, injecting the horse ... which is not true." "It's not fair."
"So there's 25ml of this stuff?" Wingate says.
KHRC attys says today they are not taking any position on the issue of "mitigating circumstances," and whether that matters.
"What's wrong with giving them half? ... or 15 and keep 10?" Wingate says. "Or if you say 2ml is all you need, give them all but 2ml?"
"Why do you want to keep the urine, for the Smithsonian or something?" Wingate asks.
"What does it matter to finding out if you're going to take his gold trophy away?"
KHRC atty: "If there's one thing this case has taught me is that these samples can break sometimes ... it could get over there and someone can drop it."
(Apparently the blood sample tube was broken in transit somehow)
Wingate is going to hear from witnesses who say need it all.
But first: Clark Brewster, Zedan's attorney, also arguing that the regs are designed to prevent injections. "It's critically important."
"I know the whole country is waiting around," Wingate says. "And I think the hearing officer is going to order the same thing I would: You go to New York, deliver the sample, have a nice dinner at Tavern on the Green, come back."
Wingate says he thinks some portion needs to be safe in the KHRC custody "but I am willing to give you some." Sounds like they will both send representatives to lab to watch the division, then take remainder back to Ky.
Baffert has joined in, now watching the proceedings.
Wingate says he will enter an order Wednesday. Asks them to work out an amount.
"This is a case of very high importance to the state of Kentucky and you each need to try to work it out if you care anything about horse racing in the state, which everybody does," Wingate says.
Here's the full story: kentucky.com/sports/horses/…
Footnote: In case you're wondering what happened to the Medina Spirit blood sample that was going to be tested. The blood tube apparently is on the right, the primary urine sample on the left. From Franklin Circuit Court documents.

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