Racing Board Spurns Positive Cocaine Tests : Horse racing: Procedures are attacked by assemblyman after second set of specimens is thrown out.

Fifty to sixty race horse urine specimens that contained traces of cocaine will be ignored because they do not provide the standard of proof required by the California Horse Racing Board, legislators were told during a joint hearing of the Assembly and Senate Governmental Operations committees here Wednesday.

Earlier this year, the CHRB, on advice of the state attorney general’s office, dropped accusations against several prominent trainers whose horses had yielded similar positive tests.

Dr. Norman Hester, head of the board’s official tester, Truesdail Laboratories, confirmed the long-rumored additional positive tests in response to a question from Assemblyman Richard Floyd (D-Bellflower).

Hester added, however, that the data provided by tests did not conform to the new guidelines set up after accusations against Wayne Lukas, Laz Barrera and three other trainers were dropped last May.

Said Dr. Dennis Meagher, the racing board’s equine medical director: “There’s no point in going through the same trauma again. . . .

“There was a time these probably would have gone on to the accusation stage as well. But there’s no justification in going forward when we know they do not meet the (new) required standards of proof.

“All you can really say about those tests was that they were suspect and exhaustively tested,” Meagher added.

The two-hour hearing focused on a critical look at the operation of the CHRB staff and its executive secretary, Leonard Foote.

Floyd, who calls himself an advocate of the $2-bettor, painted a picture of disorganized staffing, questionable contract practices, inept handling of post-race urine samples and confused investigative priorities.

“There is a definite indication that management on the CHRB stinks,” Floyd said. “I see a lack of care, a lack of responsibility.”

Foote disagreed. “Naturally, I think some of the things he (Floyd) said were misinterpreted or incorrect. It would be inappropriate to respond now, however. Although I do hope to be able to do so in the proper setting.”

The criticisms aired by Floyd were either prompted by committee witnesses or made after the session. He saved his loudest salvos for what he saw as shoddy sealing and labeling of post-race urine samples.

According to Susan Grantham, senior CHRB investigator and the board’s custodial observer at Truesdail, her repeated memos to Foote’s office regarding cracked seals and peeling labels were ignored until late this year when she was finally allowed to take bids on better quality materials.

“As far as I’m concerned, there’s nothing worse than messing up potential evidence,” Floyd said. “How can we have a deterrent drug-testing program when defense lawyers can come in laughing at the evidence?”

Foote said that a special sealing tape was required to meet the specific needs of glass containers that are often handled in both frozen and unfrozen states.

“It wasn’t until recently that 3M Company actually invented a tape to our specifications,” Foote said. “Unfortunately, when we received it, the tape was improperly labeled, causing a further delay.”

Backed by testimony from Ingrid Fermin, CHRB medication steward, Floyd questioned what he called a preoccupation among CHRB investigators with financial complaints and keeping bookmakers away from the track.

“I don’t see how they can do their jobs sitting in the offices doing paper work, or chasing down bookmakers outside the race track,” Floyd said.

“They belong on the backstretch, maintaining a high profile. Deterrent does not just mean a testing lab. It means investigators out and about.”

Floyd pointed out that the racing board’s contract for the electric carts that serve as track transportation for staff personnel and investigators was awarded to a firm owned by Albert Foote, Len Foote’s brother.

Len Foote said he had had nothing to do with the cart contract.

“I have disqualified myself from the awarding of all such contracts,” Foote said. “That is handled strictly by the business office of administrative programs.”

Floyd vowed that there would be some changes made in the CHRB staff.

“What it looks like is that the members of the racing board have turned over a lot of power to Foote and his people,” he said. “He’s been there a long time, and he’s become some kind of czar, to the point where we hear things like, ‘Len Foote’s board.’ That’s not the way things should be run.”