Dr. George Maylin, a New York scientific expert who tested post-race urine from Medina Spirit after the 2021 Kentucky Derby Presented by Woodford Reserve (G1) at Churchill Downs and reported he found elements of the anti-fungal ointment Otomax, said during a June 10 deposition it was folly to allow the horse to run in the Derby after treatment with the cream.
After the Derby, split blood samples from Zedan Racing Stables' Medina Spirit shipped to Industrial Laboratories and the University of California, Davis, indicated the presence of 21 and 25 picograms of betamethasone per milliliter of blood, respectively. Betamethasone, a corticosteroid with anti-inflammatory properties, can be used as a therapeutic medication but is not permitted in a horse's system on race day in Kentucky.
Trainer Bob Baffert initially insisted betamethasone could not have been administered by anyone in his stable, but after a couple of days, the trainer announced it may have come from a topical application of Otomax, a skin rash salve, to the colt's hindquarters. According to Baffert's testimony in a New York disciplinary hearing, Southern California veterinarian Dr. Vince Baker prescribed Otomax for treatment after a couple of shampoos did not solve the colt's skin condition.
According to Baffert, Baker did not suggest to him that Otomax could be the source of the betamethasone until the day after he held a May 9, 2021, press conference outside his Churchill Downs stable.
Horses also receive betamethasone via joint injections, and through withdrawal guidelines, trainers are discouraged from having their horses injected with the medication within 14 days of a race.
Maylin is the director of the New York Equine Drug Testing and Research Laboratory, a lab that under contract with the state of New York routinely tests racehorses. Under questioning by Jennifer Wolsing, general counsel for the Kentucky Horse Racing Commission, Maylin said after the Derby positive came to light he became concerned about the prospect of Medina Spirit running in the Belmont Stakes Presented by NYRA Bets (G1).
The 2021 Belmont was five weeks after last year's Kentucky Derby, and approximately four weeks after the initial positive was announced by Baffert.
Two weeks after the Derby, Medina Spirit ran in the Preakness Stakes (G1) at Pimlico Race Course, finishing third. As a condition for his participation, Medina Spirit and other Baffert-trained horses needed to clear pre-race drug tests under protocols announced by The Stronach Group, which operates the track.
Maylin said that soon after the Derby positive was announced he was contacted by veterinarian Dr. Clara Fenger as to whether he would test samples from Medina Spirit to determine if he could detect ingredients found in Otomax called betamethasone valerate, clotrimazole, and gentamicin. An injection of betamethasone is associated with betamethasone acetate. He agreed to Fenger's request and said he has worked independently on the project, receiving no pay from Medina Spirit's connections.
Maylin's deposition, a copy of which was obtained by BloodHorse, was taken to prepare for a hearing of an appeal to the KHRC of a stewards' ruling disqualifying Medina Spirit that was filed by a corporation owned by Amr Zedan, who was named as the owner in the program, and Baffert. Attorney Craig Robertson sat in on Maylin's deposition for Baffert. Both he and Wolsing appeared via Zoom. Clark Brewster, who has represented Zedan since the dispute erupted, did not announce an appearance.
Well into her direct examination, Wolsing asked who was paying for the laboratory's work. Maylin said the lab's drug-testing program has a research component funded by the New York State Racing and Wagering Board.
Maylin said, "They were aware of the study because of implications of this horse running in the Belmont Stakes and what we would do to try to preclude the folly that you folks are dealing with."
"What folly are you referring to there, doctor?" Wolsing asked.
"The horse was treated with Otomax and allowed to run," Maylin replied.
"And you're saying it was folly to allow the horse to run after it had been treated with Otomax?"
"The answer is yes."
"Why?"
"Well, the horse was allowed to run, and the horse had a positive test. That—in New York, my goal was in the Gaming Commission was to, if...a horse was treated with Otomax prior to the Belmont, the horse would have been tested, pre-out-of-competition testing. The horse would not have been allowed to run."
"If it had tested positive for betamethasone in the out-of-competition testing?"
"Yes. And betamethasone valerate and clotrimazole."
"So...if Medina Spirit had run in the Belmont and tested positive for betamethasone and betamethasone valerate in post-race testing, would that have been a violation?"
"It would have been depending on the concentration of the drugs. Okay?"
"Okay. Do you guys have a threshold level for betamethasone in New York?"
"No. At that time, no."
"Okay. So would it or would it not have been a violation if Medina Spirit had tested positive for betamethasone and betamethasone valerate following a race in New York?"
"I would not offer an opinion on that. It was beyond the scope of what we intended to do. And so be it."
"Yeah. You were the one who said it was folly. And I'm just asking you why that is folly in your opinion."
"If the horse had not been allowed to run, we would not be here today debating the merits of Baffert or whoever. Okay?"
Later in the deposition, Wolsing returned to the topic.
"And if Medina Spirit had somehow tested positive for betamethasone on race day, would he have been disqualified in New York?" she asked.
Maylin responded, "Depending on the concentration, yes."
"Okay. And you said, 'depending on the concentration.' What concentration would it take for Medina Spirit to have been disqualified in New York?"
"We would have reported concentrations greater than 10 picograms per ml."
Robertson did not question Maylin about these comments.
A KHRC appeal hearing of the stewards' ruling set for June 28 was postponed last week until August. Besides Medina Spirit's disqualification, Baffert also received a 90-day suspension and a $7,500 fine as part of the stewards' ruling.
