Lukas, Barrera Charges Likely to Be Dropped : Once Strong Cases Against Them, 2 Others, for Horse Drugging Now Weak

Wayne Lukas, Laz Barrera and two other thoroughbred trainers accused of running horses that allegedly tested positive for cocaine are likely to have those charges dismissed by the California Horse Racing Board.

The cases against Lukas, Barrera, Anthony Hemmerick and Bryan Webb have been pending since last February, when Truesdail Laboratories, the board’s official lab, revealed their results after retesting frozen urine samples from races as far back as August of 1988.

Although the accused trainers vehemently denied the charges from the outset, racing board representatives maintained that the cases against them were strong.

“When you bring in names like Lukas and Barrera, you’d better be pretty damned sure you’re right,” said Leonard Foote, CHRB executive secretary, at a press conference last March.

Reached Tuesday in his Sacramento office, Foote implied for the first time that the board has considered dropping the complaints against the trainers, although he stopped short of confirming that any definitive decision had been made.

Asked to characterize the chances that the complaints would be dropped altogether, Foote replied: “I’d characterize that as having some foundation, because of the discussions I’ve been having with the (state) attorney general’s office. But there has certainly been no determination.”

Foote has tentatively called for a press conference in Los Angeles Thursday, ostensibly to announce that the Lukas and Barrera administrative law hearings, originally set for next month, will be postponed because of a scheduling conflict in a case being handled by the trainers’ lawyer, Donald Calabria.

However, speculation is strong in the racing industry as to when the charges against the trainers will be dropped, and for what reason.

A source in the horse drug-testing community familiar with the California cases, who told The Times that the CHRB has all but decided to drop the charges, said that any remaining debate within the racing board is over the justification for such an action.

“I don’t think there’s any doubt they’re going to walk,” the source said.

One possible justification for dropping the complaints would be the application of guidelines to horses that the National Institute of Drug Abuse applies to humans. The NIDA levels generally are used in the hiring and screening of federal employees, and are estimated to be about twice as high as the ratios (nanograms to millileters) found in the horses and called positives by the CHRB. Based on the NIDA guidelines, none of the tests in question registered high enough to be called a positive.

“The fact is, there are no industry standards on what one needs to confirm a positive,” said Foote, who originally broached the subject of minimum levels at a press conference in March. “That’s certainly been discussed. But it’s still an open case and there’s been no determination at this point.”

Such a justification for dismissing the complaints would have far-reaching effects. It would, in effect, give a go-ahead to trainers to use cocaine as long as they stay below a certain threshold.

Neither Lukas, Barrera nor Webb had received any official word Tuesday regarding the current status of their cases. The Times was unable to contact Hemmerick.

Reached at his Hollywood Park barn Tuesday morning, Lukas continued to express confidence that he would be exonerated. Lukas’ Alydar colt, Crown Collection, allegedly tested positive for metabolites of cocaine in urine samples taken after two different races at Del Mar last summer.

“When you’re innocent, you always feel better about proving it,” Lukas said. “Our lawyers developed a tremendous case. All along, I’ve felt that this would work its way through, whatever it took, because you’ve always got to believe.

“But no matter what they do, I’m a loser already. A big loser, because of the financial (attorneys’) costs. And in terms of reputation, too. Are they going to put it (a dismissal) on the front page of every paper in the world?”

Barrera said: “I have heard nothing official yet, but another trainer told me yesterday he heard they were dropping the case. There are too many rumors around the racetrack anyway, so I’ll wait until it’s official. But when I hear it, I’ll be the happiest man alive.”

Barrera’s Endow, winner of the California Derby in April and an entry in Saturday’s Illinois Derby at Sportsman’s Park in suburban Chicago, was the horse that allegedly tested positive for Barrera.

Racing commissioners Ben Felton, Rosemary Ferraro and board chairman Les Liscom all declined comment on the likely dropping of the complaints, although Ferraro did confirm the scheduling of a press conference this week.