Baffert lawyer: Justify positive test from contaminated food

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NEW YORK (AP/AP Sports Writer) – The New York Times says Justify won the 2018 Triple Crown after a failed postrace drug test at a California track that could have kept the horse out of the Kentucky Derby.

The newspaper reported Wednesday that Bob Baffert-trained Justify tested positive for the drug scopolamine after winning the Santa Anita Derby, one of the final prep races for the Kentucky Derby. Justify went on to win the Derby and took the Preakness and Belmont stakes to complete the Triple Crown.

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The Times said instead of a speedy disqualification, the California Horse Racing Board took more than a month to confirm the results. The newspaper also reported that instead of filing a public complaint, the board made decisions behind closed doors as it moved to drop the case and lighten the penalty for horses found to have scopolamine in their systems.

The newspaper said test results, emails and internal memorandums show how California regulators waited nearly three weeks, until the Kentucky Derby was only nine days away, to notify Baffert of the positive test. Then, two months after the Belmont victory, the board disposed of the inquiry altogether during a closed-door executive session.

A lawyer for Bob Baffert says the Hall of Fame trainer did not intentionally give 2018 Triple Crown winning horse Justify a banned substance that caused a positive test prior to last year’s Kentucky Derby.

Attorney W. Craig Robertson released a statement defending Baffert after the New York Times reported Wednesday that Justify tested positive for Scopolamine in spring 2018.

Robertson contends the substance came from contaminated food and that the California Horse Racing Board did the correct thing by not pursuing a lengthy investigation.

Robertson writes that Justify passed “any and all drug tests” in Kentucky, Maryland and New York while racing in those states on the way to becoming the 13th Triple Crown winner in history.

Justify did not run another race before being retired.

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Tom Kenny joined ABC 36 News in June of 2001 as a General Assignment Reporter. A native of Peoria, Illinois, he graduated cum laude with a Bachelor of Arts in Mass Communications from Western Illinois University. He currently anchors ABC 36 News at 5pm, 6pm and 11pm. Tom has more than three decades of experience in broadcast journalism. He is the only broadcast journalist in Lexington television history to be honored with a national Edward R. Murrow Award. Tom was recognized for reporting on a story that gave a rare glimpse inside the secretive world of the Federal Witness Protection Program. He has won an Emmy Award for anchoring and another for investigative reporting, exposing the deceit and potential danger of online diploma mills. Tom has ten other Emmy nominations to his credit for investigative and feature reporting. He has won Associated Press Awards for reporting and anchoring. He has won two Addy Awards for excellence in promotional writing. Tom was the first broadcast journalist in Lexington TV history to be awarded the Silver Circle Award by the National Academy of Television Arts and Sciences. It is one of the highest honors given by NATAS. It recognizes television professionals who have performed distinguished service within the television industry for 25-years or more. Tom was honored for more than his longevity, he was recognized for making an enduring contribution to the vitality of the television industry and for setting high standards of achievement. He was also recognized for giving back to the community as a mentor, educator and volunteer. Tom also has network broadcast experience in radio and television having worked as a sports reporter for ESPN, Sportschannel, NBC Sports and the Breeders’ Cup. He was also the studio host and halftime producer for CBS Radio Sports’ College Football Game of the Week and covered the NFL for One-On-One Radio Sports. Prior to joining WTVQ-TV, Tom was Vice-President of the Houston Astros Minor League baseball team in Lexington. He was part of the original management team that brought professional baseball back to the Bluegrass after a nearly 50-year absence. Tom has lived in Lexington since 1984. In that time, he has been heavily involved with dozens of charity and civic groups, with a special emphasis on helping Veterans. He can be reached at tkenny@wtvq.com. You can also follow Tom on Facebook www.facebook.com/TomKennyABC and Twitter @TomKennyNews. Just click on the links at the top of the page.