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.