“Justice is the great interest of man on earth. It is the ligament which holds civilized nations together. Wherever her temple stands, and so long as it is duly honored, there is a foundation for social security, general happiness, and the improvement and progress of our race.”
Daniel Webster
USEF Testing
For the last decade I have made it my goal to speak out against abuse in the horse business. During that time I have not confined my efforts to the horse world – it has been my mission to speak about the ethical treatment of all animals. Be it small or large, animals are often innocent victims of human endeavors and I hope to make a difference in their lives. But the conversation I want to have at this moment is about horses.
As most people involved with the Arabian breed know, I love horses, and I have loved horses all my life. No battle was too hard to fight if the dignity of an Arabian horse was at stake. No cost was too much to pay for this justice. No ribbon was worth winning if it came at the price of cheating.
Now, it seems, I have a new battle to wage. This battle is already taking me to places I have never been before. It is a battle that must be won because, if we want our horses treated with dignity, the people who love the breed and guard it must be treated justly as well. Otherwise, we will lose their interest and our breed will suffer as a result.
On October 14, 2004, my long-time friend and colleague, Robert Cass, handed me the lead line as I walked through the gate at the U.S. National Championship Show in Louisville to exhibit Crescendo AA in the Arabian Gelding class. Little did I realize winning the class would lead me into a battle that would provide me with an education about our system of justice for participants in horse shows that has given me grave concerns about our leadership and our future.
The United States Equestrian Federation (USEF) drug test after the class resulted in a positive finding for the drugs scopolamine and atropine. I was shocked. Robert and the owner of the horse, Diane Lapham, were also shocked. But more shocking was the way the case was handled from that point.
Naively believing the matter would be quickly resolved if we could find the source of the contamination, I began a mission like few I have begun before. I soon found out it didn’t matter that I have never been accused of wrongdoing after participating in horse shows for over thirty years. It also didn’t matter how many times my horses had been tested after they had been fortunate enough to win National Championships in Stallion or Mare halter classes (where, unlike a gelding halter class, the value of a horse could be materially impacted by the win) without so much as a single incident. It didn’t seem to matter few have risked more to vocally support changes in the industry to protect the horses than I have.. All that mattered was a test result.
Undaunted, I began efforts to figure out how this could have happened. I learned it is more and more common for horses to test positive because the tests are 1,000 times more sensitive now (measured in nanograms or picograms rather than micrograms or nanograms) than they were when the USEF rules were written. In other words, substances at very low levels now result in positive tests. More importantly, after speaking with Dr. Stephen Barker, a professor of toxicology at LSU, I learned low levels of scopolamine and atropine are commonly associated with “environmental contaminants”. Specifically, Dr. Barker wanted to know what we were feeding the horse.
The question led me to inquire of my hay supplier, in Hempstead, Texas, about where he purchased his alfalfa hay supplies. He advised me to contact the hay grower in of Artesia, New Mexico, and he supplied me with his phone number. Almost immediately after I got him on the phone, the hay grower said, “You are looking for Jimson Weed, and we had it all over our fields this past summer.” I had never heard of Jimson Weed. The grower explained it was almost certainly the cause of the positive test.
I hired a lawyer in Louisville, Kentucky named Joel Turner because I was advised I had no choice but to defend myself at a hearing. I was told Mr. Turner was experienced in such matters and would be able to guide me through my dealings with the USEF. After my initial discussion with Mr. Turner’s I came to the unsettling conclusion that the USEF system for dealing with these issues was fundamentally unfair. Unlike the racehorse business, there have been no adjustments to the USEF rules since the tests became sensitive enough to detect such extremely small levels of drugs that simply feeding hay can potentially cause positive results. The USEF doesn’t even care about (or seek reports on) the quantity of a drug found to be present in the blood or urine tests. Nor does it apparently matter to the USEF whether someone intentionally drugged a horse to gain an unfair advantage. And even though there are many good people sitting on the panels that hear the cases, there seems to be a clear consensus among those appearing before them that the panels do not try to differentiate between people who are abusing horses and the system, and those who are completely innocent of wrongdoing.
Nevertheless, feeling I had little choice in the matter, I retained Dr. Mark Renz, a Professor of plant biology at New Mexico State University, to visit the area around the hay grower's ranch and formally document the presence of Jimson Weed in the fields. He located large populations of the weed, photographed them, and submitted a report stating the weed is “common within the area.”
I also retained Dr. Barker to explain to the USEF panel that Jimson Weed in the alfalfa hay we were feeding the horses was the probable cause of the positive tests for atropine and scopolamine. Dr. Barker also stated in his finding that for atropine and scopolamine to be in a horses system through pharmacological means it must contain a third element which is Phenobarbital. The test on this horse did not contain the third element thus giving further credence to the belief that it was introduced through the hay.
To their credit, the USEF “prosecutor”, a lawyer from Maryland named Alan Foreman, and their own expert on toxicology, Dr. George Maylin, both agreed Jimson Weed in the hay fed to Crescendo AA was the likely cause of the positive results, and so stated at the hearing.
I even went so far as to pay for polygraph examinations of myself and Robert Cass to support our testimony that we had no knowledge of the any drug being administered to the horse. The polygraph examinations showed we were telling the truth.
Will any of this matter? I am told it won’t. I am told to expect the USEF to suspend me. Can the concept of justice thrive if we don’t insist on valuing the truth and developing a system of justice that would not damn the people who guard it when evidence of their innocence is clear and abundant?
I am bringing this story forward now to initiate a conversation and to try and effect change. I want this story out now before the result of the hearing is made public (neither my counsel nor I know the result) as I do not want to focus to be on the result of the hearing more than the process. We need threshold levels. We need to be able to render decisions based on the facts of how a substance got into a horses system rather than the mere fact of its’ presence. Can we, in reality expect to run diagnostics on our feed supplies prior to attending a show? Justice must be fair and affordable – in order for the person to sustain this kind of hearing and possible ramifications one must be well funded. The average horse trainer might not be – let’s make it fairer for the future. Let’s change the way the USEF conducts its drugs and medications/testing program.
I hope USEF handles this situation with expediency and intelligence. Like many horse folks, I'm renewing my USEF membership this month. I will include correspondence requesting a fair resolution of your case. Good luck. Elizabeth Knizley Paris, Texas
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There are so many polluting contaminants in our soil, water, our foods, animal fodder.....ie: hays, grasses, etc. and the air how can one not be surprized that this has happened. It has I'm sure has been happening now for years, but just didn't have the technology to detect to the degree that is stated in the weblog. Now we have techniques for detecting for a drug or contaminates is getting down to the nanogram. But there needs to be a set limit as to just how much of a level of drug is too much....ie: to affect an animal's performance. Studies need to be done to figure this out, so then if nanograms of a drug/contaminate is found there is a clear level that isn't acceptable. In toda's environment, nothing is contaminate free, everything is contaminated to some degree. In truth, I believe the USEF Drug screenings have become way too unrealistic, as you can see, at the level this was detected, nanogram level. And this event that Mr. Byatt is dealing with, I believe provides a hint of what is to come if something isn't done about it. USEF should be focusing on more phyiscal blantant abuses....ie: unreasonable shanking in halter, gingering in all the breeds, soring, those midnight whip sessions we all hear at the shows, etc. You all know what I am talking about. We see and hear many abuses at USEF sanctioned events. I am not condoning any kind of drugging of our show horses. Our world is full of envoiromental contaminates, you get right down to it..........we all are contaminated to some degree. Sonceerahray Miller Portland, Oregon
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This is a classic case of rules replacing thinking instead of facilitating it. I am sure they think they are ensuring the rules apply to everybody with no exceptions, but it is clear that there was no malicious or criminal intent. As usual the industry is doing itself no favours!! Menna Hornsby
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Please know that there are people standing behind you.
Having worked for several trainers and breeders in the past, I attended many shows as a groom. On quite a few occasions we were stalled next to or near Mr. Byatt and I had the opportunity to observe his operations first-hand.
AT NO TIME DID I EVER WITNESS ANYTHING EVEN RESEMBLING UNTOWARD OR ILLICIT ACTS BY MR. BYATT OR HIS STAFF. Not even a hint of any such thing. To hear that he has been accused of cheating absolutely floors me!
It was always an honor to be set up next to or near him. Horses used to be called the sport of kings and gentlemen and Mr. Byatt, from my observations, always epitomized the latter. Sitting here sorting through old memories, I recall him as being one to accept victory or defeat with equal grace. If one were to ask me if, from my experiences with him, I thought Mr. Byatt would deliberately cheat - my answer would be a resounding "NO", delivered without hesitation or reservation. His reputation as an top ranked trainer within the industry has been well earned by his countless years of hard work and much sweat. I would send any one of my horses to him - again, without hesitation or reservation. I will be sending a letter to USEF on Mr. Byatt's behalf and continue to pray that facts, logic and reason guide their decision in this matter. Hang in there my friend and know that there are people out here who have faith in you and your ethics. We'll be praying for you. Marie AuBuchon Sakinah Arabians - Athens, Texas
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Dear Michael and the Arabian Horse Community:
I knew Michael Byatt before he "was" "THE Michael Byatt" and in my heart I know that he would NEVER do anything that would be against both the principals of integrity or good horsemanship. Michael, you KNOW you have "arrived" when they're gunning for you, buddy!
You, the USEF, the AHA and the Arabian horse community will be in our continued prayers - also that there be a speedy and fair resolution to this unfortunate incident. It is a shame that you had to go to such lengths to protect your good name, but you have always been a smart man, and I commend you for your pro-active and timely approach. God bless and take care, Cheryl Showah Washington Depot, Connecticut
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There is some interesting reading on the ivis website (it is a veterinary reference site that is free to people in "the trade".)
Here is one link on Jimson Weed and similar substances which have resulted in positive drug tests:
Having observed Michael in the ring for a number of years, he always exhibited the demeanor of a first class gentleman and most importantly the most positive image of the Arabian horse industry.
If the USEF suspends Michael with the evidence and investigation set forth in his letter, it will be a huge loss to the Arabian industry. And more importantly a great injustice to an individual who personifies integrity and a genuine love of the wonderful Arabian Horse!
Michael we are pulling for you in our thoughts.
Mike Bennett
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Hang in there Michael, we are all pulling for you! Keep in mind your reputation stands for the best so no matter which way the USEF rules, you will always be one of the class acts of the Arabian ring.
Angelique & Russian Roulett+
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Mr. Byatt,
We have received your message all the way to Ontario, Canada, we sincerely,hope that you give it to these people, we need people of your qualifications standing up for the innocent less fortunate owner, trainer. I could only begin to imagine how devestated I would be to have made it all the way to the Nationals only to have to defend myself against a board that has no ability to reason, but goes by what is put on paper. Please know we will pass this on to all our arabian horse friends here in Canada, and we are sending out prayers, that God will help these people realize there are ways to administer rules and regulations which most often we find in life is just good plain common sense.
Good Luck Wanda Burrows Canada
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How unfair to Michael.
Yes, this could happen to anyone.
We are praying for you Michael.
Karen Henwood and Ron Shimer
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Michael,
So sorry to read this news and hear that you are going through the wringer over this... Really makes me mad since you have always been very supportive of all my efforts.
USEF has never been good at implementing fair and just rules or processes. I myself know of a woman who was suspended for a legitimate reason (bouncing her show fees), and yet she continues to show to this day simply by using a different name then her name that she was suspended under. So where is the justice in that!
Anyway - whether you are suspended or not - you will still have the support of your customers from all over the world.
Keep smiling and don't let this get you down.
Carol Maginn Austin, Texas
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Good Luck Michael. I hope you do get exonerated from this mess. Barb Port Hope, Ontario
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If Mr. Byatt, or Robert, or any of his fine staff are to be questioned regarding this issue, then we are all subject to question. For those of us who love our Arabians, hope for their preservation, and dedicate our lives for their happiness and well-being, we can only hope to be aligned with Michael and his staff in the same manner in which he, and, they, are dedicated. It's incomprehensible to think that he would do anything to harm one of his treasured Arabians, nor jeopardize the trust of his clients, which by his own actions he was independently willing to document.
I am sorry to learn of this. It adds a dimension to the care of our horses of which I was not aware. You do the best you can on behalf of your beloved four legged friends, providing the best grain and alfalfa, only to find that Jimson weed showed up in your hay suppliers field, unbeknownst to you, and showed up in competition as a violation? Then we are all guilty. But guilty of doing the right thing... without manevolence, without the intention of changing a score card, but in the intention of providing the best care for the animals entrusted to us.
Susan Taylor Houston, Texas
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Michael, As part of your discussion, I offer the following observations. After a brief review of the USEF Rules and your blog, it would appear that the Hearing process fails to provide any meaningful consideration of the facts to which the Rules are being applied. Undoubtedly, "doping" should be against the Rules. Period. However, I define "doping" as the intentional administration of banned substances. The presence of the substance should start the case and, absent exceptional circumstances, be sufficient to warrant punishment. The hearing should exist to present facts to assist those presiding to apply the Rules. On those presiding should fall the duty to not only enforce the Rules, but also, the DUTY to NOT enforce the Rules if the facts so warrant. The purpose of any fair hearing is to determine whether the application of the rule in question is proper and to provide the appropriate remedy. Hearings, as such, add the human element into the black letters of rules and provide for the exceptional circumstances which inevitably occur when any set of rules, laws or other principles are set forth to govern any group, organization or community of people. In this instance, you garnered substantial evidence and expert testimony explaining the probable reason for presence of the substances. Additionally, you provided evidence of a missing substance which would be necessary had you been "doping". You provided exculpatory polygraphs, which are routinely used by criminal prosecutors to rule out persons when a questionable case exists. Even the "prosecutor" in this case found your proof to be the probable reason for the presence of the substances. Yet, the case exists. (In most civil cases in law, meeting the burden of proof of "more likely than not" is sufficient to win.) It appears that either the prosecutor/USEF is too weak to fairly apply exculpatory facts to the Rules or they do not care to do so. In either case, we have no need for Hearings at all. You should not have to incur the costs you have and the USEF should not waste its member's fees. A simple computer program could resolve the issues or, even simpler still, a clerk with a pencil to write out the punishment after a violation is alleged. I would much prefer no hearings in the USEF system to the abhorrent practice of conducting hearings which purport to offer a just and fair process and fail to do so. Good luck and Godspeed. Robert G. Taylor, III (Trey) Terry, MS
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So sorry to hear that the "rules" haven't caught up with the realities of our environment and an industry leader such as Michael Byatt is being "put through the wringer" to defend himself, as someone so aptly put it. Michael, we who know and appreciate all you've done with and for the Arabian breed know that you are completely innocent and support you completely. May God help you find the equanimity to go through this trial with your head up and your spirit strong. Tzviah Idan
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It is hard to believe that the industry has come to this. To potentially punish someone who has tried so hard to do what is right, for so long. I am appalled at the unjust things that are done to our horses in the name of a win or so that someone who does not even care, truly, about the horses, but only cares about the win, can have their ribbon. What have we come to. Now, we have to test our feed, every time we get a new supply on top of all the other expenses we endure. There are so many others that more justly deserve a punishment for what they do to our beautiful horses, than Mr. Byatt. I have never had a horse in training with him and I have never purchased a horse from him, but I have watched him at shows for more than 25 years and highly respect him as a trainer and owner. I would not hesitate to send a horse to him for training and showing and would be proud to do so.
While I am at it. I just purchased a great horse on contract. As an amateur I have just been told, by AHA, that because his papers are not in my name I can not show him in AOTR/AOTH classes. The AHA will not even consider any other plan, other than, the seller put the horse in my name, the buyer, and then the seller hold the papers, which are basically of no value to the seller. This is an extremely unfair practice by AHA. The Amateur rider/handler, who probably has to buy a horse on contract in order to afford a quality horse is being told that they are not good enough to own or show that horse. AHA should be looking for a way to make it possible for us, the small breeder and Amateur to show and breed out horses to a higher standard, instead of forcing us to into that Black Hole that seems to loam over us at every turn. Sorry I got off the subject at hand.
Michael I wish you the very best and if the horse that I just bought was not a full brother to one you already have, I would send him to you to train and show for me. My prayers are with you.
Kathleen English, Grand Junction, Colorado
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Although I have never had the pleasure of meeting Mr. Byatt, his reputation preceeds him. If I read correctly, Mr. Byatt should've been exhonorated after the prosecutor's analasyst came to the same conclusion that it was the hay.
I am all for keeping our horses natural but if every little minute detail must be examined, for possible drugs, then a small owner/shower like myself could certainly find themselves in Mr Byatt's predicament as my horses are boarded at an open boarding facility.
I do remember once, someone so tied to the USEF. And, I too, am curious. They rarely focus on our breed or the others that are included. They seem more interested in supporting the Hunter, Jumper, Dressage world. It would be nice if we could find a way to break from them.
I wish you the best Mr. Byatt. It is these types of erronious oversights that can be the demise of so many innocents.
I will pray for you & I am grateful you had the wherewithall to fight the USEF.
Lisa Nelson Pewaukee, WI
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Dear Michael,
I personally can say that I know exactly what you have been through in this situation.
A similar thing happened to me at the Scottsdale 2005 show. I took a young purebred hunter, BF Vittorio (I went on my own, so I was the trainer, owner and rider). It was his second show ever. We ended up winning the Purebred Hunter Pleasure AATR 36-54 class. My horse was tested by the drug team. I didn't think anything of it. (Over the past 20 years of showing, I have been selected for drug testing countless times with never before a positive result) In April 2005, I received a letter from USEF stating that my horse had tested positive for Caffeine. My first thought was that this had to be a mistake. I contacted USEF to find out what I needed to do about this situation. I never expected in a million years what was to come. I wanted to have DNA testing on the blood and have the other sample tested at my expense by an independent lab. I proceeded to hire an attorney, Mr. Joel Turner and an expert witness, Dr. Stephen Barker (ironically the same as you Michael). We were shut down on every request and were railroaded into using USEF's same lab for the additional testing. By the way, the amount of caffeine was miniscule that was detected in my horse. Dr. Barker told me that any horse would never have known that it was in it.
I have been showing Arabians for the last 20 years. It is my passion. I have never given any of my horses anything that is prohibited. There are so many things that have caffeine in them (caffeine has been found in some public water sources, and was suspected in horse feed in Canada after a positive result). I was stalled on the backside of the show grounds and my horse, like so many others, had his head hanging out of the stall the entire show. Spectators come through all the time with their children and more than likely one gave him either a cookie or part of a soft drink. One race horse owner, after being notified of his horses positive result for caffeine was asked if he had given him any treats, he incredulously answered only M&M's, it couldn't have been that! See how easily it can happen.
It makes no logical sense that anyone would intentionally give caffeine to a hunter pleasure horse. But alas, USEF doesn't care about hearing what anyone has to say. In their eyes, you are guilty no matter what. I had no way of proving how the caffeine got in my horse. I think it's obvoius that it was either from an innocent spectator or from a contaminant source. You are correct about the expense of representation. It was a very costly experience with a very negative outcome. I only hope that if everyone sees how unfair these two situations are that we may one day see change.
I was disqualified from the class that we won at Scottsdale. We returned the prizes and paid the fines to the show and to USEF. I was suspended for the month of February 2007.
This entire situation left a very bitter taste in my mouth. The sad thing is, this entire senario could happen again; to me, to you, to anyone. We do need to make a change. Like yours, the substance found in my horse, was not a drug that one would purchase and physically administer to a horse. It very innocently got into your horse without your knowledge or participation. Just like mine.
I did go onto U.S. Nationals in October 2005. We had a great show and we were judged U.S. National Reserve Champion Hunter Pleasure AAOTR 36-54. (At that time all of this was still pending. My case was heard in February 2006) I still want to continue showing, but the thought is always in the back of my mind that I could be forced to go through this nightmare all over again at any given time. It's a scary fact that we need to address.
Let me know what the outcome of your case is.
Becky Bond Houston, TX
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This issue needs much more publicity. Articles in the major magazines? This needs much more publicity to help effect change. I for one will be writing USEF regarding this issue.
Heidi Richert
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Dear Michael,
I am so sorry for your situation, as I have always had great respect and admiration for you.
I recently experienced the same treatment from USEF. I am an amateur who has shown off and on over the years and was excited to purchase a new horse with a lot of potential.
This horse was shown on a limited basis and my trainer and I had decided to wait until after Nationals this year to start campaigning him. We did decide to show him at a class A show in our area to "see what we had" and to access the areas that we had to work on. My horse, through a lot of work over the course of the show, ended up winning the Championship that weekend. Well within the legal time frame before the next class, my trainer informed me that she would be giving him Bute, because they had worked him so hard the past 2 days.
After my horse won the Championship, he was drug tested. We were accused of not only having Bute in his system, but Bantamine. He was never given Bantamine nor was there any reason to give it to him. He had not had any trace of colic. We were dumbfounded. There was no motivation to give my horse the drug.
After forwarding the documentation showing the time when the Bute was administered and a statment denying the use of Bantamine, my trainer informed me that she thought that it was hopeless once you have been accused of drug use by USEF. She had consulted a well known vet and someone on the USEF committee. She told me that in her experience, there is no fair system in existence to resolve matters with USEF. I only had 5 days to respond to them and they would not speak to me or return my phone calls. I had several questions and concerns.
The second letter that is sent to you basically says that if you don't accept the fines that are imposed by USEF, then they will really go after you and penalize you even more, which is what happened to Becky Bond. It also would cost thousands of dollars to fight them. I had no choice but to pay my fine and be thankful that I wasn't suspended.
I have always supported drug testing and good treatment of our horses, but when I pay an organization money, I expect accountability with checks and balances. USEF has ultimate power and now it seems that it has corrupted them. There must be a fair way to resolve these issues and exhaust every effort to make sure the process is fair.
My other concern is also the caffeine and prescription drugs that are being found in our water supplies. If the tests are now so sensitive, then how can we ever be sure that our drug test is reliable.
God bless you and I will pray for a good outcome for your situation.
Christie Brehm
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Michael, I have never met you but know of your excellent and caring reputation in the Arabian horse industry. I am shocked and appalled by the treatment you are receiving at the hands of the USEF. They need to get educated, there has been a lot of contamination in hay because of drought. I was just reading "The Horse.Com" and there are articles warning horse owners of noxious weeds invading our hay crops. And you have proof of that fact from an expert. We are all pulling for you and are in our prayers. You will win!!!
God Bless ,
Sheila Morlas
Rocklin, CA
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Michael,
I have followed your carreer over the years. I'm not sure, but seriously believe you were a very young trainer at a show in Wyoming who was willing to answer some grooming questions. Thank you. Many years later I found that I was taking riding lessons from your old 4-H instructor and was thrilled when you wrote an article about "Madam Cuneo".
I cannot begain to understand why AHA/USEA has not updated their rules and drug testing. At this point as has been said before this could happen to anyone. I still live in New Mexico and now do I have be concerned about where my hay comes from and what weeds might be there by the grace of God???
One would think that with the President of USEA being David O'Conner who had shown at Olympic levels, that he specificly would see a glaring need to update the drug testing process, because this could happen to him as well.
I pray that you have a good outcome and are the mainspring for changes so drasticly needed being made. Our support goes with you as well.
Donna Pugsley-Sylvestre,Reflections Arabians, New Mexico
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I attended the 2003 Egyptian Event and was stalled right across the way from Michael Byatt Arabians. His barn staff, groomers, friends and family, as well as himself were all very nice and friendly to a first time show'er. They even went to the extent of helping me clip/groom my gelding as we were both very nervous for our first class! Michael had a great woman who was working for him who was VERY kind to me, and cheered me on in the show ring.
Michael you are in my prayers and I hope everything works out for the best!
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