2021 kentucky derby | Horse Racing Free Tips

Baffert Files Suit Against NYRA

Bob Baffert has filed suit in the United States District Court, Eastern District of New York, against the New York Racing Association charging violations under the Fourteenth Amendment to the U. S. Constitution violating his right to due process.

The suit was filed Monday by Baffert's attorney Craig Robertson.

NYRA announced that it had suspended Baffert May 17, after it was revealed that Medina Spirit (Protonico) had tested positive for Betamethasone in the GI Kentucky Derby.

The suit reads, “Specifically, Baffert maintains a right to rely upon and use his New York State occupational trainer's license that was duly issued to him without limitation by the New York State Gaming Commission (the “Gaming Commission”); NYRA has, without legal authority, and without any notice or opportunity to be heard, attempted to indefinitely suspend Baffert's trainer's license issued by the Gaming Commission, thereby preventing Baffert from practicing in his chosen profession or using his state-issued license on state-owned property.”

When asked if he would be filing a similar lawsuit against Churchill Downs, which has also banned the trainer, Baffert's attorney Craig Robertson said he was not representing Baffert on any legal issues related to Churchill Downs. He declined to comment further.

In the suit, Baffert seeks, among other things, a declaration that NYRA is prohibited from denying horses he owns or trains from entering races at NYRA tracks, denying him the privileges of the grounds, and denying him stall space. He is seeking a preliminary and permanent injunction from NYRA from further banning him from the tracks, and says that if that does not happen, he will suffer immediate and irreparable harm.

Attachments to the suit include a letter sent to Baffert from NYRA May 17 outlining the reasons for the suspension. The letter, signed by NYRA President and CEO David O'Rourke, reads, “NYRA has determined that the best interests of Thoroughbred racing compel the temporary suspension of your entering horses in races and occupying stall space at our racetracks. To do otherwise would compromise NYRA's investment in its operations as well as the public's perception of Thoroughbred racing generally.”

The letter says that NYRA would make a final determination on the length and the terms of the suspension in the future “based on information revealed during the course of the ongoing investigation in Kentucky.”

The suit makes a distinction between NYRA and other private entities.

“NYRA is a not-for-profit franchised corporation created by the State of New York. However, unlike other state-created not-for-profit corporations, the existence and operation of NYRA is specifically governed by the New York law that grants it the exclusive franchise to conduct live Thoroughbred racing and simulcasting at the state-owned racetracks on behalf of the state, from which the state derives substantial revenue.”

The suit continues, “NYRA controls the operation of all major Thoroughbred racetracks within the State of New York and operates as an effective monopoly. NYRA does not have the legal authority to suspend Baffert–that rests solely with the Gaming Commission as the entity that issued his occupational license–a license that affords Baffert a property interest under state law sufficient to invoke due process protections. Despite this fact, by purporting to summarily and indefinitely suspend Baffert from all NYRA tracks, NYRA has essentially barred Baffert from exercising his professional and State-issued trainer's license anywhere in the State of New York. Additionally, NYRA has purported to suspend Baffert and the use of his license without any notice or opportunity to be heard in violation of due process. Lastly, by connecting Baffert's “suspension” to the Kentucky investigation, which is likely to go on for years, NYRA has correspondingly banned Baffert from participating in New York racing for several years.”

In response to Baffert's lawsuit, NYRA's Senior Director of Communications Patrick McKenna, issued the following a statement.

“On May 17, the New York Racing Association, Inc. (NYRA) temporarily suspended Bob Baffert from entering horses in races and occupying stall space at Belmont Park, Saratoga Race Course and Aqueduct Racetrack. NYRA took this action to protect the integrity of the sport for our fans, the betting public and racing participants following Mr. Baffert's public acknowledgement that the Kentucky Derby winner Medina Spirit tested positive for betamethasone, a banned corticosteroid. In making the determination to temporarily suspend Mr. Baffert, NYRA took into account the fact that other horses trained by Mr. Baffert have failed drug tests in the recent past, resulting in the assessment of penalties against him by Thoroughbred racing regulators in Kentucky, California, and Arkansas. NYRA will vigorously defend the action it has taken in this matter.”

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Split Sample Confirms Betamethasone Positive In Kentucky Derby Winner Medina Spirit

The New York Times reported Wednesday morning that a split sample from Bob Baffert-trained Medina Spirit, who crossed the wire first in this year's Kentucky Derby, has confirmed the presence of betamethasone. A statement from Baffert's lawyer, attorney Craig Robertson, said the confirmed concentration was 25 pg/ml.

One week after this year's Derby, Baffert told media that he had been informed initial testing on post-race samples from Medina Spirit had detected the corticosteroid, which is not permitted for use within 14 days of a race in Kentucky. At the time, split sample testing had not yet been completed to confirm the finding.

Attorney Clark Brewster, who represents Medina Spirit owner Amr Zedan, revealed that the University of California-Davis performed the split sample test, which was aimed at confirming or denying the original finding of Industrial Laboratories.

Learn more about split sample testing in this May 21 feature.

Brewster told writer Joe Drape that UC-Davis did not do any further analysis on the sample to see whether it contained other substances that could give clues as to the origins of the betamethasone. (This type of additional analysis is not typically part of a split sample test.) Brewster will request further analysis be done on the post-race samples by a different laboratory.

Robertson released the following statement, which indicated DNA testing would also be done on the sample:

“In response to the inquiries, this will acknowledge that the Medina Spirit split sample confirmed the finding of betamethasone at 25 picograms. There is other testing that is being conducted, including DNA testing. We expect this additional testing to confirm that the presence of the betamethasone was from the topical ointment Otomax and not an injection. At the end of the day, we anticipate this case to be about the treatment of Medina Spirit's skin rash with Otomax. We will have nothing further to say until the additional testing is complete.”

Baffert initially told media he did not know why the horse had betamethasone in its system, and cast suspicion that he was a victim of some kind of tampering or sabotage. Two days later, he announced that Medina Spirit had been treated with a topical cream that contained betamethasone while treating a skin rash on the horse's hindquarters.

Betamethasone is a corticosteroid which is often used therapeutically to assist with reducing inflammation in equine joints, although it is also present in some topical applications like Otomax. Kentucky changed its regulations governing corticosteroid joint injections last August, pushing out the pre-race administration time to 14 days pre-race and removing the drug threshold from its code, meaning no level of the drug is acceptable in a post-race finding. (The commission said at the time that testing could not detect administrations farther than 14 days out.)

In the wake of the Santa Anita breakdowns, Kentucky was one of several states that began requiring private veterinarians to examine horses several days pre-race in addition to the traditional pre-race examination from commission veterinarians. Commission staff had expressed concern that additional pre-race veterinary exams taking place farther ahead of race time could be influenced by the anti-inflammatory effects of corticosteroids and non-steroidal anti-inflammatories.

Baffert has had multiple high-profile therapeutic drug positives in the past year and a half, including one in Kentucky for betamethasone after the rule change when Gamine tested positive following the Kentucky Oaks.

Baffert The Center Of Two More Civil Suits In Federal Court In Medina Spirit Case

Days after a group of four horseplayers filed suit against trainer Bob Baffert and Medina Spirit owner Zedan Racing over the expected disqualification of the horse from his Kentucky Derby win, Baffert has been named in two more similar federal lawsuits.

Both follow a similar premise to the May 13 civil suit filed by horseplayers Michael Beychok, Justin Wunderler, Michael Meegan and Keith Mauer. One was filed May 24 in U.S. District Court for the Central District of California by bettor Jeffrey Kaufman, who accuses Baffert and Zedan Racing of violating the Racketeer Influenced and Corrupt Organizations (RICO) Act due to the presence of a regulated substance, betamethasone, Baffert said he was informed was detected on the horse's post-race tests. The drug has yet to be confirmed in split-sample tests. Kaufman's suit alleges that Baffert's history of drug positives establishes a pattern and that his assurances to the public in late 2020 that he intended to improve barn procedures was trusted by bettors.

Kaufman's suit is also designed to be a class action on behalf of other bettors on the Kentucky Derby “who would have won their bets and winnings had Medina spirit been properly prohibiting from competing in the Kentucky Derby on May 1, 2021, or competed without the aid of an illegal drug.”

Kaufman requests, among other things, court-imposed restrictions on Baffert's “future activities in Thoroughbred racing.”

The Kaufman suit accuses Baffert and Zedan of violating the RICO Act, common law fraud, and equitable fraud, and Baffert alone of conspiring to violate California laws against racketeering. Baffert and Zedan have not yet filed responses.

Read that complaint here.

Another horseplayer, Florida-based Anthony Mattera, filed suit against Baffert and Churchill Downs in Jefferson Circuit Court in Kentucky based on the Medina Spirit drug positive, but that case was removed to the U.S. District Court for the Western District of Kentucky. Mattera claims, based on Baffert's history of drug violations, Churchill Downs should have refused his entry of Medina Spirit into the race and also that the track could have implemented its own pre-race testing procedures. (The Kentucky Horse Racing Commission already conducts pre-race testing for the Kentucky Derby and Kentucky Oaks.) Mattera also claimed the track should not have calculated the payouts based on the results with Medina Spirit as the winner.

Mattera also seeks to have his lawsuit recognized as a class action. Mattera's suit alleges negligence on the part of Baffert and Churchill, and violation of the Kentucky Consumer Protection Act and unjust enrichment by Churchill. Mattera seeks to permanently enjoin Churchill from conducting racing until it meets a number of conditions to screen horses pre-race, settle wagers that change as the result of disqualifications, and publicly disclose medical records among other things. Baffert and Churchill have not yet filed responses.

Read that complaint here.

The post Baffert The Center Of Two More Civil Suits In Federal Court In Medina Spirit Case appeared first on Horse Racing News | Paulick Report.

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The Show Continues in Preakness

BALTIMORE, MD–Immediately after the May 1 GI Kentucky Derby, it appeared that the GI Preakness S. two weeks hence would be a routine affair. Trainer Bob Baffert would be heading to Pimlico with a record seventh Derby victory under his belt and he would be in the enviable position of trying to collect his eighth win in the second jewel of the Triple Crown. And then the unthinkable happened. The Derby winner, Medina Spirit (Protonico), tested positive for Betamethasone, a substance banned on race day. That single event sparked a week of drama, statements, interviews and a ton of speculation. Initially, the public was told the horse did not receive the drug. Then, it was discovered the colt, who had been wrestling with a skin condition, required an anti-fungal. Enter Otomax, said anti-fungal which contains, you guessed it, Betamethasone. As the week progressed, the speculation continued, lawyers racked up billable hours and later in the week, the local officials gave the green light for the Baffert horses to race after early testing came back negative for any prohibited substances. While many must have given a sigh of relief, the next hurdle remains, can Medina Spirit follow up with a win Saturday? Will a victory silence his detractors or will it simply give the media more fodder for the ensuing three weeks to the June 5 GI Belmont S.? And while the morning line favorite appears to be, at least on paper, the one to beat, nine rivals will try to stand in his way.

Team Spirit
Which ever way you cut the cake, Zedan Racing's Medina Spirit and stablemate TDN Rising Star Concert Tour (Street Sense) enter Saturday's Classic with the deepest credentials. Medina Spirit took his debut at Los Alamitos last December before finishing second in the Jan. 2 GIII Sham S. to another Baffert monster, TDN Rising Star Life Is Good (Into Mischief). That duo met again in the Mar. 6 GII San Felipe S. and once again, Medina Spirit had to settle for second–beaten eight lengths–while the early Derby favorite was forced to the sidelines after suffering a leg injury in training later in the month. Medina Spirit forged on the Apr. 3 GI Santa Anita Derby, and finished runner-up behind Rock Your World (Candy Ride {Arg}). Sent off no better than 12-1 for the Derby, Medina Spirit went to the front and never looked back en route to a half-length victory over 26-1 chance Mandaloun (Into Mischief).

Taking a difference approach early in his 3-year-old season, Gary and Mary West's Concert Tour earned his Rising Star status with an emphatic score going six panels at Santa Anita before making it two straight with a victory in the seven-furlong GII San Vincente S. Feb. 6. Back on top in the Mar. 13 GII Rebel S. over 8 1/2 furlongs, he finished third in the Apr. 10 GI Arkansas Derby.

Medina Spirit, accompanied by a returning John Velazquez, exits the three hole, while Concert Tour breaks from the 10. Mike Smith gets the call.

“[Concert Tour] is a speed horse, so he will get out of there and get a position and be on the outside somewhere,” said Baffert assistant Jimmy Barnes. “I think we're fine with both our positions. They are both front-running horses, so they will probably will be up there in the clear, hopefully. He's one that is placed forwardly in the racing. Being on the outside should be fine.”

Chad Brown offers up two in this year's Preakness renewal, Crowded Trade and Risk Taking (Medaglia d'Oro). The former won at first asking at the Big A before coming up a nose short in the Mar. 6 GIII Gotham S. Mostly recently, the chestnut came from off the pace to finish third behind a pair of longshots in the Apr. 3 Wood Memorial S. Risk Taking came home a winner in two consecutive starts, including the Feb. 6 GIII Withers S. before offering little when seventh as the 2-1 choice on the Wood. Javier Castellano climbs aboard Crowded Trade for the first time, while Jose Ortiz joins Risk Taking.

“Crowded Trade ran a really good race in only his third start,” Brown said. “He did hang a little bit in the lane, but he made up a lot of ground after breaking bad. Risk Taking was quite a disappointment that day. He was coming into the race in excellent form and his numbers were heading the right way. He just didn't fire.”

According to Brown, Risk Taking took a lot of kickback in the Wood, causing the colt to have one eye closed the following day.

“Clearly, the kickback impacted him to some degree,” Brown said. “Whether that fully explains why he just quit in that race, I will never be certain of it. I am just going to draw a line through that race. I just hope he can get back to his race in the Withers, which would put him in contention here.”

Midnight Bourbon (Tiznow), winner of the Jan. 16 GIII Lecomte S., followed up with a third behind Mandaloun in the GII Risen S. before finishing second in the GII Louisiana Derby Mar. 20. Typically on or near the engine in his races, the imposing bay broke slowly after the ground gave away under him at the start of the Kentucky Derby, leaving him uncharacteristically far back in the early going. He rallied to finish a respectable sixth.

“We're expecting a very good run from him,” said trainer Steve Asmussen, who previously won the Preakness with Curlin in 2007 and Rachel Alexandra in 2009. “I thought he was in great physical shape going into the Derby..everything was going extremely well. Missing the break did not put him in the position necessary for him to have success. From where he was, he ran reasonably well but not good enough. Here we are with a lot of horse going into the Preakness and expecting a better outcome.”

Midnight Bourbon exits Post 5 with Irad Ortiz Jr. in the irons for the first time.

GII Kentucky Jockey Club winner Keepmeinmind (Laoban) has failed to hit the board in a trio of starts this term, including a seventh in the Kentucky Derby, but his trainer Robertino Diodoro thinks the late-closing colt can turn things around Saturday.

“The only thing is, the race is run on dirt and not paper,” he said. “You know how that goes sometimes. But on paper, I think there's definitely enough pace and the smaller field helps. I think we drew well [Post 2], and will stay on the rail as long as we can..You got to worry about your own horse, and we're not going to change our running style. We tried that once a couple of starts ago, because of the lack of speed and it didn't turn out [fifth in the GII Blue Grass S. Apr. 3]. We're going to go back to our normal way of just worrying about our horse and hoping he's doing well–and definitely don't take him out of his element.”

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