by Kristin Berkery
Follow the links in the article to see related books that I think are an interesting read. — Kristin
Dancer's Image after winning the 1968 Kentucky Derby. Photo by George Featherston, Thoroughbred Times
A Trick Question
Who won the 1968 Kentucky Derby? If you look at most listings of Derby winners, Forward Pass is shown as the winner — but you’ll see an asterisk (*) or the words “via DQ” next to his name. What’s that about?
It’s a story mostly unknown to racing fans born in the 1970s and later. At one time, there was a different horse listed as the winner of the ’68 Derby on shot glasses and the sign on the back of the grandstand at Churchill Downs. The horse that time has almost forgotten is Dancer’s Image, a son of Native Dancer who was nicknamed the “Grey Ghost” by his many fans.
was a powerful stallion who won the Preakness Stakes
, Belmont Stakes
, and came in second in the Kentucky Derby
. On top of that, Native Dancer was quite a sire as well: His son Kauai King won the Kentucky Derby and Preakness Stakes in 1966 and Native Dancer sons and daughters produced such outstanding runners as Northern Dancer
, Mr. Prospector
, and Alydar
The breeder of Dancer’s Image, Peter Fuller, bred the mare Noors Image to Native Dancer
with the intent of creating a Kentucky Derby
contender, but there were questions about the resulting colt’s ankles. Dancer’s Image had inherited his sire’s color, speed, and unfortunately, his unsound ankles.
To keep Dancer’s Image racing sound, his trainer, Lou Cavalaris, Jr., used cold water bandages on the colt, stood him in buckets of ice water for two hours before races, and gave him doses of Azium, a steroid that reduces inflammation in the joints. This regimen was followed until a week before the Kentucky Derby, when the colt showed lameness in his right front ankle. The “Derby Doc,” veterinarian Dr. Alex Harthill, recommended giving the colt a dose of Butazolidin, or “bute,” — a pain reliever and anti-inflammatory similar to aspirin.
Bute was banned
for use during races in Kentucky at that time, but it could be administered as long as it was no longer present in the horse’s urine at the time of a race. Because there was no definite way to know when bute was completely out of a horse’s system without testing its blood or urine, trainers and vets had to guess when it was safe to use it without causing a positive drug test after a race.
In Dancer’s Image’s case, bute was given to him on the Sunday before the Kentucky Derby because his trainer and Dr. Harthill were certain the horse would be “clean” by the following Saturday. However, this also meant that Dancer’s Image would not be able to run in a Derby prep race on the Tuesday before the Derby.
The bute reduced the pain and swelling right away, but it also gave the horse diarrhea. Two days later, Dancer’s Image was recovered and his ankles looked like they were in good shape. But by Thursday the right front ankle was swollen again, so Dr. Harthill injected the joint with Azium, the horse was worked on the track, and then left to stand in buckets of ice water. He began to show rapid improvement and continued to look good through Saturday.
Forward Pass was the favorite that day, but Dancer’s Image was a serious contender. Dancer’s Image took his usual route to the finish line — by hanging out in the back of the pack until the final turn, when his jockey took advantage of a hole by the rail and methodically moved to the front to win the race a length-and-a-half ahead of Forward Pass.
After the race the standard urine drug test was done on the winner, Dancer’s Image, and one other random horse, Kentucky Sherry, who finished fifth. Both samples were marked with sample numbers to keep them anonymous during the testing process. While testing all the samples from Derby Day, the lab technician discovered that one of them began to change color, indicating the presence of an illegal substance. Unfortunately, the only photos taken of the color change by the lab technician were black-and-white — which was completely useless for determining the amount of color change, and therefore the concentration of the offending substance.
Drug testing was not an exact science at that time, so the lab employees performed several more tests on the “suspicious” sample to see if it gave a positive result again, and to identify what the substance was. Using the tests available, the technicians felt that the substance causing the color change was probably bute, so they submitted a report to the racetrack stewards.
Documentation on all procedures was sparse, so the stewards had to rely completely on the lab technicians’ determination. Dancer’s Image’s team requested an immediate hearing, which didn’t go in their favor.
The lab technicians were unable to provide any proof of the positive drug test and no one had any theories or evidence of how the horse might have been doped, but the stewards’ decision remained unchanged. Dancer’s Image was still listed as crossing the finish line first, but the first-place winnings were redistributed to Forward Pass.
The handlers of Dancer’s Image were shocked. No one on their team had ever faced disciplinary action like this, and none of them seemed to have any ideas how the horse could have received another dose of bute just before the Kentucky Derby.
Fuller, the owner
Noors Image, the dam of Dancer's Image. Photo by Winants Brothers, from The Blood-Horse
of Dancer’s Image, filed an appeal with the Kentucky Horse Racing Commission. A hearing was held in November and December 1968, which quickly became a battle between chemistry experts as the attorneys for Dancer’s Image attempted to poke holes in the drug testing
company’s procedures and expertise. Nothing was clear to the spectators in the room. Still, the stewards upheld their previous decision.
The next effort
was for Fuller and team to argue in front of the Franklin County Circuit Court. After hearing the testimony, the judge’s opinion was that the lab technicians made conclusions based on their opinions, and the racing commission’s official chemist simply went along with the lab technicians’ decisions without ever seeing any proof. The judge ruled in Fuller’s favor — Dancer’s Image would keep his winnings.
Four years later, the winner of the 1968 Derby purse was still up in the air. The Kentucky Horse Racing Commission appealed and the Kentucky Court of Appeals heard the case, overturning the circuit court judge’s decision. The court’s opinion was essentially that the Kentucky Horse Racing Commission had a lot more experience and knowledge in these matters and its decisions should be upheld.
But there was
Forward Pass, who was eventually awarded the purse, the trophy, and the 1968 Kentucky Derby win by the Kentucky Horse Racing Commission.
still more controversy. Both owners of the first two finishers, Dancer’s Image and Forward Pass, were now requesting possession of the 1968 Kentucky Derby Trophy, which Churchill Downs
had handed over to a jeweler for safekeeping. Churchill Downs declined to choose sides, so the organization passed the requests on to the racing commission for its review.
The Final Blow
In October 1972 the racing commission unanimously chose to give the trophy to Forward Pass’s owner, Calumet Farm. To add insult to injury, the commission also stated that from then on, Forward Pass would be determined the official winner of the 1968 Kentucky Derby.
The big problem with the commission’s last decision was that the Kentucky Rules of Racing specifically said in 1969 that Dancer’s Image’s drug violation would not affect the order of the race results, only the purse distribution. Obviously the commission was breaking its own rules. Fuller wanted to appeal the decision in the Franklin County Circuit Court, but because of legal technicalities, his attorneys missed their chance to file the correct paperwork and the case was thrown out with no more appeals available.
No one knows for certain if Dancer’s Image really did test positive for bute on Kentucky Derby Day in 1968, nor does anyone seem to know how
he would have received any bute just before the race. The horse had received a dose of bute on Sunday, which everyone involved was aware of, and it caused him gastrointestinal distress the next day. If he’d received bute just before the Derby, shouldn’t he have experienced diarrhea on or close to Derby day?
Dancer’s Image was the winningest horse in the field that day, so he’d been tested for prohibited substances more than any of his competitors prior to the Derby — always with negative results. His trainer had managed to keep him racing sound without ever using bute until the Sunday before the Derby. Why would his trainer give the horse bute a second time, risking a positive drug test, just before the biggest race of his career?
There were other questionable activities going on at Churchill Downs around the 1968 Kentucky Derby, as well as some political issues involving Dancer’s Image’s owner that angered the Kentucky racing community. To learn more, read Milton C. Toby’s thoroughly-researched Dancer’s Image: The Forgotten Story of the 1968 Kentucky Derby.
In the end, drug testing procedures were changed to make the results provable in a court of law and racing rules were revised.
Dancer's Image at stud at Killeen Castle in Ireland.
ran in the 1968 Preakness Stakes
, finished third, and was disqualified for bumping another horse. His ankles continued to bother him and he was retired at age three, just before the Belmont Stakes
. He stood at stud in the U.S.
, and Japan
and lived to the ripe old age of 27.
There is a documentary on YouTube about the people and events surrounding the controversial Dancer’s Image drug ruling.
Kristin is a freelance graphic designer and writer in Sacramento, California, with a life-long passion for horses. She designs websites and marketing materials for businesses. In her spare time she's active with her daughter and son. See Kristin's online portfolio and LinkedIn profile.