Judge Hears Arguments In Ongoing Case Over Baffert Suspension

Hall of Fame trainer Bob Baffert's medication history was a central point of contention at a hearing March 17 to determine whether his impending suspension will have to begin immediately.

Franklin Circuit Court Judge Thomas Wingate heard arguments Thursday from attorneys for Baffert, Zedan Racing, and the Kentucky Horse Racing Commission and he is expected to issue a decision on March 21 as to whether he will uphold or overrule the commission's decision not to grant the trainer a stay.

Baffert had requested the 90-day suspension he was handed after the 2021 Kentucky Derby be stayed until he could complete the appeal process. Thursday's proceedings were intended to address only whether KHRC executive director Marc Guilfoil was justified when he denied Baffert a stay and required the suspension begin as scheduled this month. (The suspension is temporarily held over while the legal arguments about the stay play out.) The hearing was not designed to have Wingate decide on Baffert and Zedan's appeal of the horse's disqualification and the penalties assigned to Baffert.

The KHRC contends that the betamethasone overage from Medina Spirit following last year's Kentucky Derby was Baffert's fourth drug violation in 365 days, following lidocaine positives in Arkansas from Charlatan and Gamine (which were decided by the Arkansas Racing Commission in April 2021) and a betamethasone positive from Gamine after the 2020 Kentucky Oaks. The commission's attorneys say that while it's unusual for the KHRC to deny a trainer a stay while he or she fights a medication positive, it's also highly unusual for them to encounter a trainer with that kind of record in the year leading up to the violation at hand.

Craig Robertson, attorney for Baffert, argued that Medina Spirit's positive wasn't his fourth in 365 days – it was his second. Robertson claims that the Arkansas positives don't count as violations because on appeal, the commission voted to restore the two horses to their original finish positions and reverse the stewards' decision to suspend Baffert.

That was a point of confusion for Wingate – were the two Arkansas drug tests violations, or weren't they?

Testifying on behalf of the KHRC, Guilfoil said that Arkansas did not vacate the fines stewards had levied against Baffert in those two cases, so as far as the commission was concerned, they were apparently still violations.

“If they weren't violations, he wouldn't have received anything,” said Guilfoil.

Read our previous reporting on the Arkansas cases here.

Guilfoil testified that Baffert's statements to the media following Gamine's betamethasone positive pledging to implement better procedures and oversight regarding therapeutic medications, followed by another therapeutic medication violation months later, did factor into his decision. While arguing for the KHRC, counsel Jennifer Wolsing said the decision to deny a stay came from the commission's interest in protecting the betting public, racing horses, integrity in the sport and also the public perception of integrity in racing.

Even compared to other large barns running large numbers of horses, Guilfoil said Baffert had a high rate of positives per runner. According to KHRC figures, Baffert had one violation for every 88 starts in the one-year time period at issue, while Steve Asmussen had one for every 2,500 horses run.

Robertson, by contrast, argued that the KHRC had unfairly attacked his client's reputation with a “false narrative”, and that a 90-day suspension would effectively “end a Hall of Fame career.”

Wolsing disputed the notion that Baffert's career would necessarily be over due to a 90-day suspension, and Robertson's assertion that his employees would be out of jobs for that timeframe. California regulations require a trainer serving a suspension of that length to disperse horses, remove signage from the barn area, and turn the operation over to someone not previously employed by the suspended trainer as an assistant. Wolsing contended that Baffert could do this, and another trainer would likely take the employees along with the new horses.

Robertson also repeatedly characterized the KHRC's stay denial as “unprecedented” and it seems both sides agree the commission does not often deny stays. Wolsing did point to a few instances in recent years where stays were denied, although they were in somewhat different circumstances. Jockey Robby Albarado had a stay denied when he was contending with criminal charges relating to domestic violence. Trainer Otabek Umarov was suspended ten years after refusing to present a horse for out-of-competition testing and the KHRC denied that stay; that denial was appealed to the circuit court, but was settled out of court. Umarov ultimately took a five-year suspension.

The most similar case Wolsing could site was that of trainer Carlos Lopez, who had four Class B and C violations in 2014 and 2015 and was given a 150-day suspension, but Lopez did not appeal his suspension, so the KHRC did not have to determine whether or not to grant a stay.

Whatever Wingate decides, he pointed out on Thursday, it will be possible for the losing side to appeal his decision to the state appeals court. He intends to write an order giving the losing party 10 days to do that.

The next step for Baffert and Zedan's appeals of the stewards' rulings will be a hearing set to begin before a hearing officer on April 18. The hearing is expected to last as many as four days, and after that the hearing officer will have 60 days to issue a decision. The hearing officer will be someone appointed by the KHRC and will be conducting the hearing on the behalf of the regulatory body. Any decision by that hearing officer may be appealed to Franklin Circuit Court, although Wingate seemed to suggest Thursday that he would likely recuse himself from hearing the appeal, since he has heard some legal arguments in the case in the process of adjudicating the stay of suspension.

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Megane Peslier Here to Make a Name for Herself

The daughter of one of France's most renowned jockeys and a winner of 23 races, apprentice Megane Peslier seemed poised to have a big year this year in her native country. Instead, she will be riding at Gulfstream Park, hoping to become the latest rising star in the jockey ranks to come out of France.

“It is one of the reasons I came here, if they can be successful I think I can be too,” she said of the trio of Flavien Prat, Julien Leparoux and Florent Geroux. “If I don't believe in myself, I can't do my job.”

Peslier, the 26-year-old daughter of Olivier Peslier, arrived in the U.S. in January. Last week, she announced her intention to remain in Florida and ride there year-round.

“I wanted an experience that is different from Europe,” she said. “It is totally different here. It is a big change. I think this will be good for my career.”

Peslier was born in Franc,e but lived in Argentina with her mother until she was 12. When she returned to France, she didn't speak the language and was fluent only in Spanish. After earning her baccalaureate, she decided to pursue a career as an actress, the reason why she was late to start her riding career.

“I went to Paris to become an actress and I attended acting school,” she said. “I liked it, but it wasn't my passion. My passion was the horses. Being a jockey is easier for me than being an actress because it is my passion.”

After deciding she wanted to be a jockey, she started out slowly, beginning in amateur races in 2017 and won her first race in 2018.  Working with trainer David Smaga, she made her professional debut on July 23, 2020 at Longchamp and won with her first mount, Saphirside (Ire) (Elusive City). According to equineline.com, Peslier won 23 races in France from 308 mounts.

Peslier is not the first young European rider to come to Florida for the winter. It can be an important learning experience. But most return to their native countries once the flat season begins in Europe. Not Peslier. She has hired a lawyer and is in the process of obtaining a visa that will allow her to stay.

Her father is on board.

“He said that if I am happy doing this, he is happy,” Peslier said. “He agreed with my decision. The last time I talked to him he said that if I thought this would be good for me, then I should take my chance.”

She started out galloping horses for, among others, Todd Pletcher, and picked up her first mount Feb. 16, finishing seventh in a claiming race. Two mounts later, she finished second in a Mar. 10 maiden claimer, losing by just a neck aboard Blame the Vets (Kitten's Joy) for trainer Michael Mullings. Through Thursday, she had had four mounts.

She has also been working for trainer Saffie Joseph Jr. and said he has indicated he will be giving her some rides.

“I am very happy here,” she said. “I am learning some new techniques.”

Still eligible for a seven-pound weight allowance, Peslier's hope is that she can break out after Gulfstream's Championship Meet is over, when the competition among jockeys is not quite so fierce.

“The competition will be less then,” she said. “I think that will be a very good thing for me. I am confident I will do well.”

Her father is a former French riding champion, a four-time winner of the GI Prix de l'Arc de Triomphe and he won three straight runnings of the GI Breeders' Cup Mile aboard Goldikova (Ire)(Anabaa). That's exactly what his daughter is hoping for, that she can compete at the highest level. She's here to try to make that happen.

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Multiple Stakes Winners Lobsta, My Boy Tate Renew Rivalry In Haynesfield

Multiple stakes winners Lobsta and My Boy Tate are set to renew their rivalry for a third time in Sunday's $100,000 Haynesfield, a one-turn mile for New York-bred 4-year-olds and up at Aqueduct Racetrack.

Trained by Gary Sciacca, Lobsta will attempt to collect his third consecutive stakes score for owner Eddie F's Racing after a last-out win via the disqualification of My Boy Tate in the seven-furlong Say Florida Sandy on Jan. 8 at the Big A.

Sciacca refused to stir the pot when asked if Lobsta can again get the better of My Boy Tate.

“Hopefully, we can win again,” Sciacca said. “We got lucky last time when they disqualified him. We'll see what happens.”

Lobsta, by Emcee and out of the Chief Seattle mare Salty Little Sis, finished second in his stakes debut in last year's one-turn mile Gander, finishing up gamely to hold onto place honors by a half-length in his first start against winners.

The 4-year-old dark bay's breakout win came with a 28-1 upset win in the seven-furlong NYSSS Thunder Rumble at Aqueduct on Dec. 5, setting the pace under Hall of Famer Javier Castellano and digging in down the stretch to hold off a bid from My Boy Tate. The half-length score provided Lobsta his first stakes victory and a career-best 96 Beyer Speed Figure.

Lobsta was rated off the pace in the Say Florida Sandy, biding his time in third before being set down to the drive by Castellano to again battle with My Boy Tate. Lobsta was beaten a neck this time by his familiar foe but visited the winner's circle after My Boy Tate was disqualified and placed fourth for interference with fourth-place finisher and returning rival Chestertown.

Sciacca said Lobsta will be asked to claw his way to the front and hope the pace doesn't boil over as he stretches back out to one mile.

“He'll definitely be forwardly placed – maybe even right on the engine,” Sciacca said. “Javier is coming back to ride him which is really good. It's not jockey racing, but it's great to have a rider like Javier.”

Lobsta has come out of his shell in his last two starts, winning both times under Castellano, while posting the two highest Beyer Speed Figures of his career.

“His feet were bothering him earlier in his career. Now, he's doing well and he's a little older and more mature,” Sciacca explained.

Lobsta's recent works over the dirt training track at Belmont Park include consecutive bullets, completing five-eighths in 1:00.60 on Feb. 17 and a sharp half-mile in 47.60 seconds on March 1.

“He's doing well and training great. He went a little faster than I wanted him to go [on March 1], but he's just doing so good right now,” Sciacca said.

Lobsta's 5-year-old full brother Chowda, a stakes-winning stablemate who was nominated for the Haynesfield, will target an allowance tilt next week instead. The talented duo, both bred by Fedwell Farm, will be joined soon by Oysta, a 2-year-old half-brother by Micromanage.

Sciacca didn't clam up when asked to compare the siblings.

“Right now, Lobsta is probably a little better, but I can't take anything from Chowda – he's pretty good, too,” Sciacca said. “Oysta will be in by the end of the month. He's big like Lobsta. Chowda is a little on the smaller side.”

Lobsta, who exits post 4, will carry a co-field high 122 pounds.

My Boy Tate, also assigned 122 pounds, will look to rebound off a runner-up finish last out in the six-furlong Hollie Hughes to Wudda U Think Now.

Trained, bred and co-owned by Michelle Nevin with Little Red Feather Racing, the 8-year-old son of Boys At Tosconova will try the mile distance for the first time since his narrow victory in last year's edition over multiple graded stakes-placed Bankit.

The bay gelding's last victory came in the Leon Reed Memorial at Finger Lakes Racetrack in October where he sprinted away to an easy six-length victory. He then had a short layoff until his return to face Lobsta for the first time in the NYSSS Thunder Rumble.

My Boy Tate has shown consistency throughout his six seasons of racing, boasting a 9-for-10 in-the-money record from his last 10 starts. He owns an overall career record of 31-11-9-2 with six stakes wins and nine other stakes placings.

Manny Franco gets the call from post 3.

Nevin will also saddle J and N Stables' Our Last Buck, who enters from an off-the-board effort in the open one-mile Stymie on Feb. 26 at Aqueduct.

The 8-year-old Courageous Cat gelding, who boasts a record of 24-6-4-5, posted his last score in last year's Say Florida Sandy traveling seven furlongs at the Big A in Jan. 2021.

Bred in the Empire State by Gerardus S. Jameson, Our Last Buck has since finished third in three stakes, including the John Morrissey in July at the Spa, the NYSSS Thunder Rumble to Lobsta, and the Alex M. Robb on New Year's Eve at the Big A.

Kendrick Carmouche will ride Out Last Buck [122 pounds] from post 5.

Empire Equines' homebred Water's Edge will try stakes company for the first time after a professional win traveling nine furlongs in a state-bred optional claimer at the Big A on Feb. 10.

Trained by David Donk, the 4-year-old son of Candy Ride finished well against a formidable opponent in his first outing, losing a duel with eventual Grade 1 winner Americanrevolution by a neck sprinting six furlongs at Belmont Park in June. The 4-year-old colt graduated at second asking by 3 1/4 lengths over next out winners King Angelo and Golden Panda.

Water's Edge, who has never finished worse than second in seven lifetime starts, worked a half-mile in 49.92 over the Belmont training track on March 11.

“He's been working well and took a step forward in his last start,” said Donk. “I don't think cutting back to the mile will be a problem for him.”

Jorge A. Vargas, Jr. retains the mount from post 2.

West Point Thoroughbreds, Chester and Mary Broman, Woodford Racing, Siena Farm and Robert Masiello's Chestertown exited his third-place effort in the Say Florida Sandy to notch a four-length win an open seven-furlong optional-claiming tilt on Feb. 3 at the Big A.

Trained by Hall of Famer Steve Asmussen, the 5-year-old Tapit gelding boasts a record of 19-5-4-4 with four of his wins arriving at Aqueduct. The regally-bred grey, out of the multiple Grade 1-winner Artemis Agrotera, captured the 2020 Albany at Saratoga.

Jose Lezcano retains the mount from the outermost post 6.

Rounding out the field is Brew Pub [post 1, Raul Mena], a 4-year-old son of Street Sense trained and co-owned by Marcelo Arenas with Brilliant Horses Corp.

The Haynesfield is slated as Race 9 on Sunday's 10-race card. First post is 1:20 p.m. Eastern.

America's Day at the Races will present daily coverage and analysis of the winter meet at Aqueduct Racetrack on the networks of FOX Sports. For the complete broadcast schedule, visit https://www.nyra.com/aqueduct/racing/tv-schedule.

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Porter Floors ‘Em To Remain King Of The Stayers

CHELTENHAM, UK–Depending on your preference, Thursday at Cheltenham is either Paddy Power Stayers' Hurdle day or Ryanair Chase day but either way, on St Patrick's Day each of the Irish-sponsored co-feature races produced a repeat Irish winner.

The one key difference 12 months on was that the owners of Flooring Porter (Ire) (Yeats {Ire}) and Allaho (Fr) (No Risk At All {Fr}) were allowed on course to celebrate in person. And celebrate they did. The huge black-and-white-bedecked entourage that accompanied the dual Stayers' Hurdle winner Flooring Porter made the most of every second of the aftermath of their tough little horse's rousing victory, prompting scenes in the winner's enclosure resembling a pitch invasion as the winning jockey Danny Mullins was carried on the owners' shoulders. 

It was hard not to share in their joy and marvel at the pillar-to-post success of the 7-year-old, who was given to his trainer Gavin Cromwell four years ago after failing to reach his reserve of €6,000 at the store sales. He has now won £462,000 in prize-money and, as his manner of victory showed, is clearly still full of running. 

What he lacks in stature – and he was easily the smallest and slightest of the 10-runner field – Flooring Porter makes up for in heart, with a running style that lays down the gauntlet to his rivals and says 'catch me if you can'. Catch him they couldn't, even though the favourite, and Flooring Porter's conqueror last time, Klassical Dream (Fr) (Dream Well {Fr}), loomed ominously when freewheeling down the hill under a motionless Paul Townend. But Danny Mullins was sitting aboard a partner with deeper reserves, and as Flooring Porter's challengers lined up behind him, he flew the final hurdle to land spring-heeled and find another gear to boost him back up the hill for home. With Klassical Dream fading out of contention, Thyme Hill (GB) (Kayf Tara {GB) ran on for second, with the 2019 winner Paisley Park (Ire) (Oscar {Ire}) just a nose behind him in third. 

“For these races you have plan A to Z, but I never came out of plan A, and that hardly ever happens,” said a beaming Mullins, whose father Tony has enjoyed a share of the limelight in recent years as the trainer of Princess Zoe (Ger).

“These championship races are what it's all about. The most special thing about it today is the reaction from the owners. They weren't here last year to enjoy it and it's very special for them. It's fantastic to hear the boys enjoy it like that, and it shows it can be done with a syndicate. You don't have to be in the elite to win at Cheltenham, and that's the magic of jump racing.”

The team of four friends that make up the Flooring Porter Syndicate ended up buying the horse after spotting a Facebook advert, and they include Ned Hogarty, who owns a flooring business in Galway. He said, “It shows you don't have to be a sheikh to win a Grade 1! We came here hopeful. The rain yesterday probably didn't play to our strengths, but it worked out. We all needed this at home. It's been strange times the last couple of years and this is a morale boost.”

Hogarty added, “If anyone had told me we wouldn't have won again [since the last Festival] until now I wouldn't have believed them. The horse was due it, we were due it, the parish was due it, and the country was due it. Hopefully we can all celebrate and drink a few pints on Paddy's Day. It's memories we'll have forever.”

A key figure responsible for helping to make those memories is Cromwell, the former farrier who took Cheltenham by storm three years ago when saddling Espoir d'Allen (Fr) to win the Champion Hurdle. Sadly the 5-year-old was never seen on a racecourse again after suffering a fatal accident in training some months later. But Cromwell has returned from that tragedy with a horse whose quirks have taken some careful management but who has stamina and verve in abundance. For good measure, between Flooring Porter's two Cheltenham victories, the versatile trainer has also enjoyed a 2-year-old group victory at Royal Ascot with Quick Suzy (Ire) (Profitable {Ire}).

“I was worried as to whether he'd get done for a turn of foot but Danny kept his cool and he knew what he was doing – he knew what he had underneath him,” said Cromwell. 

“Danny is so good with these front-runners, he seems to have a serious clock in his head. It's there for everyone to see and Flooring Porter hasn't been straightforward, he's just gone with him straight away and he's just a proper horseman.”

He added, “The crowd here is just magic. It was amazing here when Espoir d'Allen won the Champion Hurdle but we came here as an outsider and he wasn't that expected. Coming here today we had one of the fancied ones and we fancied him. It all worked out, so it's fantastic.”

Allaho All Class

It wouldn't be the Cheltenham Festival, or St Patrick's Day, without a winner for Willie Mullins but the trainer had to suffer a heart-rending reversal in the opening contest, the G1 Turners Novices' Chase, when Galopin Des Champs (Fr) (Timos {Ger}) fell at the last after a superb display of galloping and jumping which had put him into an apparently unassailable position. While he lay stricken on the landing side of the final fence, the Henry de Bromhead-trained Bob Olinger (Ire) (Sholokhov {Ire}) galloped on past him, having to be urged up the hill by Rachael Blackmore for what had looked an unlikely victory for so much of the contest. 

With Galopin Des Champs mercifully just winded and returning sound to the unsaddling enclosure, it wasn't long before his trainer and jockey Paul Townend were back out in front, with the imperious Allaho defending his crown and leading home a one-two for Mullins in the Ryanair Chase.

“It makes you wonder why I didn't pick him last year, doesn't it?” said Townend, who has chosen Allaho's stable-mate Min (Fr) in 2021, leaving Rachael Blackmore to land the spoils. “He gallops and jumps. He's just really, really good. We took our time learning about him, and I think we've got there now. That's what he likes to do and he's built for it, look at the size of him. I'm delighted.”

Mullins, now with five winners at Cheltenham this week, said of Allaho, “He jumped from fence to fence and came down to the last as if it wasn't there, and that is a mark of a champion. I was a nervous wreck. The horse was doing everything right for Paul then coming to the last I thought 'here we go again', but he got over it and jumped it well. Paul has nerves of steel and I'm delighted he is on our side.”

The Thompson family of Cheveley Park Stud were the leading owners at last year's Festival with three winners, and two of those, Sir Gerhard (Ire) (Jeremy) and Allaho, have now backed up in 2022. For the final day, they also have a major chance in the Boodles Cheltenham Gold Cup with A Plus Tard (Fr) (Kapgarde {Fr}), who was second to his stable-mate Minella Indo (Ire) (Beat Hollow {GB}) 12 months ago and is currently favourite to go one better on Friday. 

Though the Cheveley Park Stud colours bear the patriotic red, white and blue of Britain, where the Thompsons' Flat horses are bred and trained, the late David Thompson chose to base his select National Hunt string in Ireland, and he was well rewarded for the investment he made. Cheveley Park Stud has now been represented by nine Cheltenham Festival winners.

Britain Fights Back 

Despite a fairly lacklustre performance from the British trainers at last year's Festival, this time around the honours are more even, with Ireland leading Britain by 11 winners to 10 going into the final day. Thursday's three Grade 1 contests all went to Irish stables but the remainder of the day's races fell to stables in England and Wales. 

The Harry Fry-trained Love Envoi (Ire) (Westerner {Ire}) remained unbeaten when winning the G2 Ryanair Mares' Novices' Hurdle to give jockey Jonathan Burke his first Festival victory. Dual-purpose trainer Hughie Morrison was rewarded with his first Cheltenham winner since Frenchman's Creek (GB) in 2o02 when Mouse Hamilton-Fairley's homebred Third Wind (GB) (Shirocco {Ger}) held off Alaphilippe (Ire) (Morozov) in a tight finish to the G3 Pertemps Final, while Cheltenham specialist Coole Cody (Ire) (Dubai Destination) landed the G3 Craft Irish Whiskey Plate for Welsh-based Evan Williams.  

Williams's namesake, the unrelated Venetia Williams, notched her second win at this year's Festival when Chambard (Fr) (Gris De Gris {Fr}) sprang a surprise in Thursday's finale to win the Fulke Walwyn Kim Muir Challenge Cup in the hands of Lucy Turner at odds of 40/1. 

A tip of the chapeau must go to former TDN contributor-turned-Paris restaurateur Emmanuel Roussel who was absent from Cheltenham for the first time in many years but was represented on the roll of honour as co-breeder of Chambard with André Cyprès and Antoine-Audoin Maggiar. Roussel, who also named the 10-year-old, explained that Chambard translates loosely to “a noisy mess”. His victory was thus a rather fitting way to bring the curtain down on the penultimate day of the Festival, as the record crowd of 73,754 departed Prestbury Park in varying states of inebriation to regroup for one last hurrah on Gold Cup day. 

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