Justify & Jimson Weed - from the racetrack to the courtroom - positive test result for a banned substance on race day
By Peter J. Sacopulos
Justify’s victory in the 2018 Santa Anita Derby served as the springboard for trainer Bob Baffert’s second Triple Crown triumph. In the wake of a 2019 New York Times article revealing the colt had tested positive for a banned substance on race day, Ruis Racing has filed a lawsuit against the California Horse Racing Board. Ruis claims the CHRB failed to do its duty, and the 2018 victory and the $600,000 first-place purse rightfully belong to Bolt d’Oro.
Justify with trainer Bob Baffert.
A Duel at Santa Anita
As the starting bell sounded for the million-dollar Santa Anita Derby on April 7, 2018, folks who knew racing knew the contest was likely to come down to a duel between two horses: Bolt d’Oro and Justify. Both were big, beautiful and born to run. Bolt d’Oro, owned/trained by Mick Ruis and ridden by Javier Castellano, had experience on his side. Justify, trained by Bob Baffert, had only two races to his credit, but the handsome colt had won both and was already tagged as a rising star. A first- or second-place finish in Santa Anita would guarantee a spot in the Kentucky Derby, and Baffert, who had captured the Triple Crown with American Pharaoh only three years earlier, publicly hinted that his latest protégé could go all the way as well.
Baffert’s confidence seemed well placed when Justify, ridden by Mike E. Smith, took an early lead. Having firmly established themselves in second place, Castellano and Bolt D’Oro made their move in the final turn. With announcer Mike Worna describing the match as “prodigious talent versus established class,” Bolt d’Oro closed the gap and appeared ready to nose it out. But Justify sprang ahead in the final furlong, and prodigious talent won the day in an electrifying climax.
History in the Making
The rest, as they say, is history. Bob Baffert and Justify kept their string of victories going through a muddy Kentucky Derby, a foggy, rain-soaked Preakness, and a beautiful day at Belmont. Justify became the thirteenth horse to win the Triple Crown, and Baffert decked his already legendary status with fresh laurels. The trainer had chalked up an astonishing two Triple Crowns, five Kentucky Derbies, seven Preakness Stakes, three Belmont Stakes and three Kentucky Oaks.
Baffert had his eyes on The Grand Slam, but a problem with his superstar’s left front ankle led to the stallion’s retirement in late July 2018. Justify had earned $3,798,000 in six races. He followed Seattle Slew as the second winner in Triple Crown history to retire undefeated. Breeding rights were sold for a reported $60 million, plus a $25-million bonus for the Triple Crown triumph. Justify’s stud fee was reportedly set at $150,000.
A Stunning Revelation & Angry Allegations
Then, last fall, a dark cloud appeared above the green pastures of Justify’s retirement. On September 11, 2019, The New York Times ran an article headlined, “Justify Failed a Drug Test Before Winning the Triple Crown.” Racing journalist Joe Drape revealed what the California Horse Racing Board and the horse’s trainer and owners had managed to keep secret for over a year. Justify had tested over the acceptable limit for scopolamine on the day of his crucial victory at Santa Anita.
That would have been a bombshell in and of itself. But the article went on to detail a series of questionable actions by the California Horse Racing Board (CHRB) in the aftermath of the positive test. Actions that, in the eyes of many, defied logic, violated procedure, and made mockery of ethics and transparency. Some even claimed the governing body had violated California law.
Less than two weeks after the Times article appeared, California Governor Gavin Newsom publicly blasted the CHRB and the horse racing industry. “What happened last year was unacceptable, and all of the excuses be damned. We own that going into next season, and we’re going to have to do something about it,” Newsom told the Times. “I’ll tell you, talk about a sport whose time is up unless they reform. That’s horse racing,” the governor continued. He went on to excoriate the industry’s treatment of racehorses and warn that industries that don’t reform themselves get reformed by others.
A race becomes a case
Bolt d’Oro
In January 2020, Ruis Racing, which owned and trained Bolt d’Oro, filed a lawsuit in the California courts. The suit contends that, under the California rules for Thoroughbred racing, Justify must be disqualified from the 2018 Santa Anita Derby, Bolt d’Oro must be recognized as the race’s rightful winner, and Ruis Racing must be awarded the first-place prize money. ($600,000 vs. their $200,000 second-place purse.) The suit also claims that the CHRB knowingly violated statutes and procedures, and that Ruis Racing is entitled to compensatory damages and reimbursement for all legal costs incurred by the suit.
Trainer Bob Baffert is interviewed after winning the 2018 Santa Anita Derby.
In the wake of the first Times article, Bob Baffert released a statement declaring that neither he nor his staff administered scopolamine to Justify prior to the Santa Anita run, or to any of his horses, ever. The statement said the substance had undoubtedly entered the horse’s system due to ingesting jimson weed—a natural source of scopolamine that can turn up in hay, straw and cereal grains. Baffert further stated that the CHRB had found no wrongdoing, that he had no influence over the Board or its decisions, and that Justify had tested clean in all of his other races.
Getting into the Weeds
Justify, ridden by Mike Smith, in the winners circle after winning the 2018 Santa Anita Derby.
Baffert’s statement correctly identified jimson weed as an environmental source of scopolamine. The chemical is a naturally occurring alkaloid found in noxious plants, including jimson weed. Invasive and aggressive, jimson weed is despised by farmers around the globe. Its defenses against nature’s plant-eaters include thorny seed pods, an unpleasant smell, and an extremely bitter flavor. Scopolamine not only contributes to the plant’s unappetizing taste, it adds toxicity. Though used in small amounts in human digestive remedies for centuries, modern medical experts consider jimson weed ineffective and unsafe, since ingesting the plant or its seeds can produce vomiting, seizures, muscle cramps and death. Its toxic effects extend to horses as well. …
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PHBA - Mick Ruis and his secret stallions
By Emily Shields
Long-time horseman Mick Ruis was not only born and raised in California, but he also has homes there. He originally planned on having his broodmares and stallions there, too, but the lure of the Pennsylvania breeding program was too strong.
“When I found out about the program, it was a no brainer,” Ruis said. “I had to make a decision, and the decision was that I wanted to be a Pennsylvania breeder.”
What makes the program so appealing?
“The incentives they give make it a clear choice, business-wise,” Ruis explained. “And there are three tracks in the state and another seven or eight nearby you can run at. It made sense to spend more time on the East Coast.”
One of Ruis’ first Pennsylvania experiences came with The Critical Way, a PA-bred by Tizway bred by Blackstone Farm. In 2017, The Critical Way won the $100,000 Danzig Stakes in just his second start, shipping in from Santa Anita to score. “That’s what started me on it,” Ruis said. “There’s a lot of good races where you can make good money for a Pennsylvania-bred. I’m excited about that.”
Blackstone Farm, an operation shared by partners Christian Black, Mark Weissman, and Douglas Black, recently had a banner runner with Pennsylvania-bred Tom’s Ready, a millionaire who retired after the 2017 season. Blackstone sold him for $145,000 as a yearling. The farm is going to be an important part of Ruis’ expansion into the Keystone State. Ruis shipped 18 mares into the Pine Grove outfit, as well as two young stallions. Eleven of the mares were bred in California and will foal in Pennsylvania this spring.
And with the two stallions, War Envoy and Saburo, Ruis has much to anticipate.
War Envoy, by War Front – La Conseillante, by Elusive Quality, is royally bred. His dam was a stakes winner in France; she went on to produce a $750,000 yearling in Falaise—now an unraced sophomore—a $300,000 broodmare in Beychevelle, and a $150,000 juvenile in Kate’s Winnie. War Envoy himself won twice in 26 starts but earned $494,781 racing against some of the best of his generation. He started his career in England and Ireland, placing in multiple graded stakes, then came to America for the 2014 Breeders’ Cup Juvenile Turf (Gr1) at Santa Anita. War Envoy actually went favored that day, but finished well back.
After returning to Europe, War Envoy won a handicap at Ascot before moving to the United States permanently in 2015. He contested the Sandy Lane Barbados Gold Cup (Gr1) in Barbados and finished third, then later was one of the runners in the inaugural Pegasus World Cup Invitational (Gr1). War Envoy was retired in 2017 with 10 top three finishes to his name.
Saburo, a $600,000 juvenile, is by Medaglia d’Oro and out of the stakes placed Lemon Drop Kid mare Kid Majic. She produced 2015 Sovereign Award Champion Older Mare and Champion Female Sprinter Miss Mischief, a graded stakes winner of over half a million dollars. Second dam Call Her Magic, by Caller I.D., won eight of 14 starts, including two stakes races. She is also the dam of J P’s Gusto, a lightning-fast juvenile who won the Del Mar Futurity (Gr1) and $811,760. He ultimately sired Puerto Rican Gr1 winner Remember Willy and dual stakes placed Epic Journey.
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Profile - Mick Ruis
Published in North American Trainer, Winter 2017 issue.
Trainers are nothing if not confident.
It’s rarely their fault when they lose a race.
It’s the track, the ride, the post position, the equipment, the weather.
Mick Ruis is a refreshingly standup guy in a game where the batter often receives a curve ball rather than a pitch right down the middle. He speaks with a child’s innocence, and he believes in the Golden Rule.
After he won three races at Santa Anita on opening day, September 29, he was humble, appreciative, and forthcoming when asked about the feat.
“Usually we’re lucky if we run one horse a day,” Ruis (pronounced ROO-is, as in Lewis) said, speaking of Ruis Racing, LLC, the ownership comprised of himself and his wife, Wendy.
“But we saved all the horses for that meet. I’m a believer that if someone helps you, like Santa Anita did by giving us stalls, you try to help them, so we wanted to save our horses for the short meet (19 days) since we were stabled there.”
Most magnanimous, but one would expect nothing less from a man whose philosophical foundation is based on curiosity and practicality. His esteemed business sense was developed through hands-on application, not surprising from a high school dropout who became a millionaire.
“I was penniless when I started, and to this day I work for everything I’ve got,” he said.