The Kentucky Horse Racing Commission has denied both a stay of suspension for trainer Bob Baffert and a stay of the decision to disqualify Medina Spirit from his win in the 2021 Kentucky Derby, the Daily Racing Form reported on Friday.
A stay of suspension is typical if a licensee is in the appeals process, but KHRC executive director Marc Guilfoil signed a letter addressed to Baffert's attorneys which states: “I do not find good reason to grant a stay.”
The 90-day suspension was handed down by the KHRC on Monday for Medina Spirit's betamethasone positive in the Derby, and indicated that the overage was Baffert's fourth medication violation in 365 days in any racing jurisdiction, which could have influenced the stewards' choice of penalties dealt to him.
Baffert's suspension is set to begin on March 8. Generally, suspensions are reciprocated across all North American racing jurisdictions.
Baffert and his attorneys, Craig Robertson and Clark Brewster, do have the ability to pursue a temporary restraining order in civil court, which could allow the conditioner to continue training until the appeals process plays out.
Brewster issued a statement earlier this week calling the KHRC's ruling “egregious” and vowing to appeal the decision.
Robertson told Horse Racing Nation on Friday that he would do “whatever is necessary” to get a stay of appeal enforced, including going to civil court.
“This is unprecedented in my experience,” Robertson said in a statement to HRN. “Stays are routinely granted pending an appeal. This is because it is manifestly unfair to make a trainer serve suspension days now when the penalty that imposed that suspension may be reversed later. That is irreparable harm that cannot be undone.”
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