Big Earl Must Forfeit Super Derby Second Place Finish, $200,000 Purse

Big Earl must forfeit his second-place finish in last September’s $1-million Super Derby X and its owner’s $200,000 purse must be redistributed, a sharply divided Louisiana State Racing Commission ruled.

Big Earl, who finished second behind Kentucky Derby and Preakness winner Sunday Silence, was disqualified after a post-race blood test revealed 9.8 micro grams per milliliter of phenylbutazone in the horse’s system.

Louisiana law allows a maximum of 5 micrograms per milliliter of phenylbutazone, commonly known as bute, an anti-inflammatory drug used to reduce swelling in race horses.

On Thursday, the state racing commission voted 4-3 to uphold a steward’s disqualification ruling that also took away a $200,000 purse from Big Earl’s owner and trainer, Jerry D. Cart of Plain Dealing. It voted by the same margin to fine Cart $200.

Cart indicated that he would appeal the commission’s ruling to state district court.

“I don’t think it’s the size of the purse or legal technicalities that should determine our ruling,” said Dr. Ronald J. French, a commission member from New Orleans. “If a horse runs with an unfair advantage, we should take the purse from him and give it to the other owners. It belongs to them.”

The commission’s ruling moves Awe Inspiring from third to second in the official order of finish and moved Dispersal from fourth to third.

Parimutuel payoffs were not affected by the redistribution.

Cart’s attorney, Joel B. Turner of Louisville, Ky., argued that the stewards improperly applied the Louisiana Rules of Racing when determining the sanctions against Cart.

Turner contended that since Big Earl was found to have an excess of a legal drug in his system, penalties should be applied from Chapter 15 of the Rules of Racing, which prescribes fines, suspension or a revocation of license but does not include redistribution of purses.

The stewards maintained that since bute is not legal in amounts over 5 micrograms per milliliter, penalties should be applied under Chapter 17 of the Rules of Racing. The chapter states purses can be redistributed should a horse be disqualified for a violation of the rule prohibiting the use of a non-permitted substance.

Cart maintained his innocence.

“I don’t feel like I did anything wrong,” Cart told the commission. “I’ve lost two clients over this, and it’s been embarrassing.”

Cart purportedly gave bute to Big Earl on Sept. 23, the day before the Super Derby. The horse had also been given bute an average of once a week in the three weeks before the Super Derby.

“I treated my horse like I did for any other race,” said Cart. “I considered him (Big Earl) 100% sound, but I gave him the drugs as a precautionary measure.”