Amr Zedan | Horse Racing Free Tips

More Confusion Added to Baffert Appeal Process

With the clock ticking toward the Apr. 4 deadline for trainer Bob Baffert's looming 90-day suspension, a Kentucky Court of Appeals judge now wants to figure out whether the original venue chosen for legal action last month by the owner and trainer of disqualified 2021 GI Kentucky Derby winner Medina Spirit constitutes the correct county-level court. Dick Downey of the Blood-Horse first reported on the judge's order requesting briefs from the movants (Baffert and Zedan) and the respondent (the KHRC) covering just that single issue to be filed with the court by Tuesday.

Because of overlapping uses of the term “appeal,” it has grown difficult to keep track of the status of what has now escalated to Baffert and owner Amr Zedan's intertwined administrative and legal cases against the Kentucky Horse Racing Commission (KHRC).

At the commission level, Baffert and Zedan have already appealed the KHRC's penalties (the suspension and a $7,500 fine for Baffert, plus the forfeiture of Zedan's purse winnings from the Derby) that were handed down Feb. 21 in the wake of now-deceased Medina Spirit's betamethasone positive in last year's Derby.

But when a routine request to stay those penalties (pending the outcome of the commission-level appeal) was denied by the KHRC Feb. 25, Baffert and Zedan took the matter to Franklin Circuit Court Feb. 28.

A Franklin Circuit Court judge Mar. 21 rejected Baffert and Zedan's plea for a stay or temporary injunction to keep the penalties from going into effect, so the trainer and owner bumped up their request to the next legal level, the Court of Appeals, Mar. 24.

On Mar. 25, the Court of Appeals judge raised the out-of-the-blue issue of whether the underlying Franklin Court appeal originated in the correct venue in the first place.

As Downey reported, the question drills down to: Should the case have originally been heard in Jefferson County (specifically Louisville, where the Derby itself is run), Fayette County (Lexington, where the KHRC's offices are headquartered), or Franklin County (Frankfort, where the Kentucky Public Protection Cabinet, the KHRC's parent organization, is housed)?

But Baffert is also fighting that banishment in federal court even while contingently transferring his Derby contenders to other trainers so they can try and earn qualifying points and enter the Derby.

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Baffert, Zedan Escalate Appeals to Higher Kentucky Court

Trainer Bob Baffert and owner Amr Zedan filed motions with the Kentucky Court of Appeals on Thursday in an attempt to legally block a series of looming penalties related to the equine drug positive rulings of Medina Spirit in the 2021 GI Kentucky Derby.

The most severe of those sanctions is a 90-day suspension for Baffert that is set to start Apr. 4.

The Mar. 24 filing came barely 72 hours after a lower court rejected Baffert and Zedan's plea for a stay or temporary injunction that would have kept the suspension and a $7,500 fine for Baffert, plus the forfeiture of Zedan's purse winnings, from going into effect while the Kentucky Horse Racing Commission (KHRC) appeals process plays out.

The KHRC has a history of routinely granting stays while cases are under appeal, but it didn't in Baffert and Zedan's instance, which dates to now-deceased Medina Spirit's betamethasone positive in last year's Derby.

“Here, the KHRC has refused to follow standard procedure and stay the Stewards Rulings pending appeal,” court documents stated. “In fact, in its history, the KHRC has never denied a trainer's request to stay implementation of preliminary stewards penalties while those rulings are appealed. Never. Not once. Until now. This fact was recognized by the Franklin Circuit Court, but the Court erroneously refused to grant a stay… Absent a stay of the Stewards Rulings before April 4, 2022, the Plaintiffs will suffer immediate and irreparable harm.”

Separately on Thursday, Baffert publicly disclosed that four of his top Derby candidates are in the process of being transferred to other trainers so they can try and earn qualifying points and enter the Derby.

Even if Baffert prevails in this Court of Appeals attempt, he is still barred from having horses qualify for and run in the Derby based on a separate, private-party prohibition issued by the gaming corporation that owns Churchill Downs. But Baffert is also fighting that banishment in federal court and seeking a speedy ruling that could let him participate in the Derby while that litigation plays out.

Thursday's documents stated that the Franklin Circuit Court “abused its discretion in disregarding the immense and irreparable prejudice” to Baffert with regard to his pending suspension, offering four planks to that argument.

“First, the lower court failed to appreciate the purpose of the voluminous case precedent holding that missed professional sporting events are irreparable injuries for purposes

of temporary injective relief,” the documentation stated. “According to the Circuit Court, those cases are inapplicable because 'Baffert is not an athlete,' whose career is 'subject to a small window of eligibility or period of peak performance.'

“This is misguided even on the Court's own terms. Baffert is 69 years old; not unlike an ordinary professional athlete, Baffert's window of future opportunities is similarly limited…. There is no way to remediate Baffert's lost opportunity to participate in the prestigious races that define his reputation and the success of his career.”

The documentation continued: “Second, the lower court substantially erred in concluding that 'any harm that Baffert will suffer from not participating in the 2022 Triple Crown or other races during his suspension will result in monetary loss' and thus are not sufficiently irreparable injuries. [This mischaracterizes] the fact that money damages are typically completely quantifiable and thus, reflect adequate remedies on appeal…

“Baffert's income from racing is almost entirely linked to a horse's performance in a given race. There is simply no way to conclusively determine how his horses would have performed in the races taking place during his suspension. Missing out on the prestigious Triple Crown races (and many others) in 2022 is irreparable harm to a trainer like Baffert as the opportunity to compete in them can never be regained and the lost opportunity is not subject to remuneration,” the documentation stated.

The legal filings raised two other arguments related to the alleged abuse of discretion: That “the lower court similarly overlooks the extreme harm to Baffert's entire livelihood if [he is] forced to immediately serve the suspension,” and that the Circuit Court “abused its discretion in failing to recognize that forcing Baffert to immediately serve the suspension defeats the entire purpose of his appeal.”

The documentation summed up by alleging that “the Circuit Court misframed the issue and misunderstood the scope” of its own review.

“[Baffert and Zedan] are not, as the Circuit Court contended, attempting to 'force [the KHRC] to automatically issue stays.' Movants merely contend that when the KHRC departs from its universal practice; it must do so for valid reasons based on evidence on the record.

“In other words, the KHRC must apply the same standard that has been applied to every medication positive case to date,' the documentation stated.

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Baffert Stay Denied by Franklin County Judge

The Franklin (Ky) Circuit court has denied Bob Baffert and Amr Zedan a stay of the suspension handed down by the Kentucky Horse Racing Commission after Medina Spirit (Protonico) tested positive for betamethasone in the Kentucky Derby, ruling that the plaintiffs are not entitled to a temporary injunction.

The ruling was filed Monday afternoon by Judge Thomas Wingate, who wrote that Baffert met none of the requirements necessary for relief, and that it wasn't the job of the court to make the decision.

On February 21, 2022, nine months after the Derby, the KHRC stewards disqualified Medina Spirit and suspended Baffert for 90 days. Baffert and Medina Spirit's owner, Amr Zedan, appealed the ruling and petitioned KHRC Executive Director Marc Guilfoil for a stay. On Feb. 25, Guilfoil denied that request. On Feb. 28, Baffert and Zedan moved the KHRC for a stay. On March 17, in Franklin County Court, the plaintiffs and the KHRC presented their arguments.

“Under KRS 230.320(2)(f), the role of this Court's review is not to make an independent decision,” the document states. “By statute, Guilfoil was charged with determining whether good cause existed to issue the requested stays. Guilfoil provided the reasoning behind his decision to the Court on March 17, 2022, and the Court holds that Guilfoil did not act arbitrarily or abuse his discretion in denying Plaintiffs' requests for stays. Guilfoil cited the role of the KHRC, as crafted by the General Assembly, and Baffert's four (4) medication positives in the past 365 days”

The judge ruled that Baffert had not demonstrated irreparable injury which would be caused by the suspension, which he said was unlike the cases of other athletes presented by the plaintiffs. “Athletes have a finite period of eligibility or peak performance,” the ruling states, making the distinction between his horses, who could still compete, and himself, who could return to his coaching role after the suspension. “However, Baffert is not an athlete. He is a trainer, much more akin to a coach. Unlike certain athletes whose careers are subject to a small window of eligibility or period of peak performance, Baffert's career has spanned decades and will continue following this brief suspension.”

The judge said that the suspension would begin on April 4. “The Court understands the gravity of this ruling on Plaintiffs,” the document reads. “Accordingly, the Court will alleviate this impact by staying the implementation and enforcement of Stewards Rulings 21-0009 and 21-0010 until April 4, 2022. In the interim, Plaintiffs may seek emergency relief with the Kentucky Court of Appeals and take any necessary action to comply with the ramifications of the penalties imposed. However, absent relief from a reviewing court, the penalties imposed by Stewards Rulings 21-0009 and 21-0010 shall take effect on April 4, 2022.”

This story will be updated.

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Seven-Figure Gun Runner Colt an Obvious ‘Rising Star’

Taiba (Gun Runner–Needmore Flatter, by Flatter) emerged as the latest standout for trainer Bob Baffert and Zedan Racing Stables as he ran to a hefty price tag as well as plenty of wagering dollars to be named a 'TDN Rising Star'. A $140,000 FTKOCT yearling turned last year's Fasig-Tipton Gulfstream second topper at $1.7 million thanks to a powerful :10 1/5 work, the overwhelming 1-2 favorite broke well, but had to settle for a pressing spot in between rivals early. Jockey John Velazquez tapped on the gas entering the bend and Taiba took a narrow lead at that point with stablemate Mauritius (Twirling Candy) also up joining the fray three deep. The Baffert runners looked to have the race all to themselves after a :45.69 half, but it quickly became a one-horse affair as Taiba leveled off and exploded with efficient strides to run up the score to 7 1/2 lengths. He stopped the clock in 1:09.97. Mauritius held second.

Owner Amr Zedan's relatively young racing operation has already campaigned the likes of fellow seven-figure juvenile buy turned 'Rising Star' and GISW Princess Noor (Not This Time), as well as ill-fated and DQ'd GI Kentucky Derby winner Medina Spirit (Protonico).

Taiba becomes the fourth 'TDN Rising Star' for last year's standout freshman sire (by Candy Ride {Arg})–Gun Runner's two other 'Rising Stars' who are not last year's champion juvenile filly Echo Zulu are also out of mares by A.P. Indy-line stallions.

MSW dam Needmore Flattery (Flatter) racked up more than $730,000 having never earned better than a 75 Beyer Speed Figure competing mostly in Ohio-bred company. Her first foal is a still-unraced 4-year-old son of Uncle Mo, and she sold to Leopoldo Fernández Pujals's Yeguada Centurion for $195,000 at KEENOV '19 before being exported to France and foaling a filly by Uncle Mo.

2nd-Santa Anita, $68,000, Msw, 3-5, 3yo, 6f, 1:09.97, ft, 7 1/2 lengths.
TAIBA, c, 3, Gun Runner
               1st Dam: Needmore Flattery (MSW, $732,103), by Flatter
                2nd Dam: Kiosk, by Left Banker
                3rd Dam: Phone Switch, by Phone Trick
Lifetime Record: 1-1-0-0, $40,200. Click for the Equibase.com chart or VIDEO, sponsored by TVG. Free Equineline.com catalogue-style pedigree.
O-Zedan Racing Stables, Inc.; B-Bruce C Ryan (KY); T-Bob Baffert. *$140,000 Ylg '20 FTKOCT; $1,700,000 2yo '21 FTFMAR.

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