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Contaminated blood sample not refrigerated, lab utensils unkept may mitigate Baffert conundrum outcome.
Can't determine ointment was unintentionally administrated.
And, IMHO Churchill wants this outcome.
Add 2 parts attorney for Baffert ala due process. Inconclusive.
Whether the evidence is mishandled or never submitted, that evidence is then lost and inadmissible to courts for further testing. Once the evidence is contaminated or kept hidden, there is no bringing it back to be used.
"My Old Kentucky Moan"
About Derby Trophy presentations - 3
My Old Kentucky Moan....
Kentucky Horse Commission has now lost control of authoritative input into the Derby adjudication matter as 2nd split sample for Due Process got soured. Some how?
External Kentucky court will have to null the evidence.
If the sample spoiled.. the ointment
You must acquit
Oh the sun shines bright on my Old Kentucky Moan...
Why would they acquit? The sample was in the custody of Baffert’s people.
The jurisdiction of post racing drug testing is in the perview of the Kentucky Racing Commission. The KRC is a function of administration racing laws under the Commonwealth; not the race track/Churchill Dwns.
It perhaps is the same in most states; as it is in New York - NYRA circuit. NY is at a cost of about $5 million annually. Testing.
The purpose of the split sample/due process had become contaminated. To protect both parties and stake holders at large racing for purse share.
Accordingly this contamination now rest on the Kentucky Racing Commission. They oversee the lab and pay the lab as a vendor.
Insubmissable evidence now.
Second sample could not provide due process. The reason there is a split sample to begin with.
The plaintiff / Kentucky Race Commission has caused/an action to the defense's due process (2nd sample testing voided) evidence to be inadmissible.
Don’t you wonder just a little bit how much the head of the NY lab got for destroying the rest of the sample lol?
Probably enough to make it happen. Suspect 200k or brtter.
When I tutored under a local bookie and great friend in cases like this, and when there is gambling/bets: Steve would say-
'When there's a lot of money on the table; strange things happen.
Evidence not secured legally-no search warrant or probable cause, tampered intentially/unintentionally a judge usually dismisses on lack of , no or illgained evidence.