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KHRC Denies Baffert a Stay of Suspension

The Kentucky Horse Racing Commission (KHRC) has denied trainer Bob Baffert's request for a stay of a 90-day suspension handed down to him earlier in the week for Medina Spirit (Protonico)'s betamethasone positive in the 2021 GI Kentucky Derby. The KHRC also denied a stay of its decision to disqualify Medina Spirit from first place in last year's GI Kentucky Derby.

The Louisville Courier Journal and the Daily Racing Form were among the first to report the story. In most circumstances, once a trainer or owner has appealed a racing commission decision, stays of a suspension are a formality and they remain in place throughout the appeal process. Craig Robertson, one of two lawyers working on the Medina Spirit case for Baffert and owner Amr Zedan, told the Courier Journal that a denial of a request for a stay “is unprecedented in my experience.”

The KHRC's decision will force the Baffert legal team to head to the courts in an effort to receive a temporary restraining order that would force the KHRC to put the suspension on hold.

“Denial of the stay is consistent with arbitrary and capricious manner in which the stewards have ignored the facts and law in this manner,” said Baffert's other attorney, Clark Brewster. “Fortunately, we will soon procedurally eclipse the biased actors and have the ear of adjudicators that adhere to the rule of law instead of man.”

According to the DRF, a letter signed by Marc Guilfoil, the executive director of the KHRC, was sent to Brewster and Robertson in which Guilfoil wrote: “I do not find good reason to grant a stay.” Guilfoil also wrote: “your clients have the right to petition for a review of this decision.”

At present, Baffert is under a suspension that will prevent him from entering any horses in the Derby or any other races at Churchill Downs and Churchill Downs-owned tracks. His status at the NYRA tracks remains up in the air as NYRA has granted Baffert a hearing, which may be a precursor to it also suspending him. A decision in the NYRA matter has not yet been announced.

But the Churchill ban and the potential NYRA ban are not reciprocal and do not have to be recognized by other racetracks. Prior to his being suspended by the KHRC, nothing stood in the way of Baffert competing in the GI Preakness S. or in the Derby preps at Oaklawn Park, Santa Anita and elsewhere.

But if his lawyers are unable to get a court to go against the KHRC's decision, Baffert's stable will have to shut down completely, with the suspension set to begin on Mar. 8.

There's little doubt that the KHRC is determined to play hardball with Baffert. Though it took nine months to even hold a hearing into the matter, once the wheels were set in motion, Baffert was quickly suspended and given 90 days rather than a lesser penalty. The KHRC based the 90-day suspension on Baffert having had four drug violations within a 365-day period. In making their decision, the stewards representing the KHRC dismissed the contention from Baffert's side that the betamethasone got into the horse's system through an ointment, which, they argued, is not a violation of the rules. Denying a stay is the latest sign that the KHRC is not going to back down.

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Medina Spirit DQ’ed From Derby, 90-Day Suspension for Baffert

First across the wire in the 2021 GI Kentucky Derby, Medina Spirit (Protonico) has been officially disqualified by the Kentucky Horse Racing (KHRC) Board of Stewards, which also handed trainer Bob Baffert a 90-day suspension and a $7,500 fine.

The news came via a short press release Monday from the KHRC, which also posted the ruling to its website.

Within a few hours of the announcement from the KHRC Churchill Downs officials issued a statement recognizing Mandaloun (Into Mischief) as the winner of the race.

“Today Churchill Downs recognizes Mandaloun as the winner of the 147th running of the Kentucky Derby and extends our congratulations to owner/breeder Juddmonte, trainer Brad Cox and jockey Florent Geroux,” the statement read. “Winning the Kentucky Derby is one of the most exciting achievements in sports and we look forward to celebrating Mandaloun on a future date in a way that is fitting of this rare distinction.”

Yet, recognizing Mandaloun, who crossed the wire second–a half-length behind Medina Spirit–as the winner might be a bit premature. Medina Spirit's connections have a number of avenues in front of them to fight Monday's decision and have vowed that they will do whatever it takes to reverse the disqualification.

“This is round one and we are going to fight this thing until the end,” owner Amr Zedan said. “Bob has my full support and backing. We're going to do whatever it takes to vindicate 'Medina' and make sure he is declared the official winner of the 147th running of the Kentucky Derby. We will see this through and do whatever it takes.”

The next step in the appeal process is to go before an administrative law judge. Should that decision not go their way, the Baffert team can then try their case through the court system. No matter what moves are made, the case is likely to drag on for some time, perhaps for a few years. In the matter of 1968 Kentucky Derby starter Dancer's Image, the only other horse disqualified from the Derby due to a drug positive, it took nearly four years for the case to come to a close, with Forward Pass officially declared the race winner.

Clark Brewster, an attorney representing Baffert and Zedan, issued a lengthy statement Monday in which he expressed his confidence that at the end of the day Medina Spirit will be the official winner of the Kentucky Derby.

“We are disappointed by the Commission's ruling, but not surprised,” he said. “This ruling represents an egregious departure from both the facts and the law, but the numerous public statements by KHRC officials over the last several months have made perfectly clear that Bob Baffert's fate was decided before we ever sat down for a hearing before the three stewards, one of whom is directly employed by Churchill Downs as the racing director at Turfway Park. We will appeal, and we will prevail when the facts and rules are presented to detached, neutral decision-makers.”

Medina Spirit tested positive for betamethasone, a corticosteroid, after the May 1 Derby. At first, Baffert denied that Medina Spirit had ever been given the drug, but changed his story a few days later when he said that the colt was treated for a skin condition with an ointment that contained betamethasone. Lawyers representing Baffert and Zedan sent a urine sample to Dr. George Maylin, director of the New York Equine Drug Testing and Research Laboratory, in an attempt to show that betamethasone was in fact in Medina Spirit's system because of the ointment and not because it had come through an injection. They said that Maylin confirmed that the drug came from the ointment, which, they argued was not a violation.

After more than nine months had gone by without any comment or updates from the KHRC, a hearing was held Feb. 14. There were no comments from the stewards Monday, but it appears they decided that it did not matter how, whether by an injection or through an ointment, the betamethasone got into Medina Spirit's system.

It was also noteworthy that Baffert was suspended for 90 days for the finding of betamethasone, which is a Class C drug. Kentucky rules call for a suspension ranging from zero to 10 days for Class C drugs. However, the official ruling notes that the Medina Spirit positive was Baffert's fourth medication violation over a span of 365 days, which is why the penalty was increased to 90 days.

As things now stand, Mandaloun is the Derby winner, giving trainer Brad Cox his first Derby win.

“Honestly, I have no real feeling or emotion,” Cox said. “I'm just hopeful that maybe something like pre-race testing can be done prior to the running of a race of this magnitude in the future. I'm not sure what would be so hard about figuring that out.”
Baffert's problems extend beyond Monday's ruling. He has been suspended for two years by Churchill Downs and, as things now stand, is not allowed to compete in the 2022 or 2023 runnings of the Kentucky Derby. He is also in the middle of a fight with the New York Racing Association, which is also attempting to ban him.

Medina Spirit died Dec. 6 after a workout at Santa Anita. The apparent cause of the death was a heart attack, but a necropsy did not reveal a definitive cause of death.

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Baffert Takes Stand In NYRA Hearing; KY Hearing Next

Bob Baffert testified for about 3 1/2 hours in Thursday's hearing to determine whether the New York Racing Association (NYRA) can exclude the trainer over alleged “detrimental conduct.” Much of the testimony consisted of exchanges between the Hall of Fame trainer and NYRA attorney Hank Greenberg, whose attempts to rattle Baffert were largely unsuccessful. The Hall of Famer stuck to what has been the narrative from his team since the issues of his repeated medication violations first arose–that each offense involved mitigating circumstances that explain why he wasn't deserving of serious sanctions.

During a marathon day of testimony, it was revealed by Baffert that the Kentucky Horse Racing Commission has finally set a date, Feb. 7, to begin to delve into the matter of Medina Spirit (Protonico) testing positive for betamethasone in the 2021 GI Kentucky Derby. Baffert said he was told of the hearing by attorney Clark Brewster. The Kentucky commission has yet to make any announcements regarding the date of a hearing over the Medina Spirit matter.

Typical during the NYRA hearing was the back-and-forth between Baffert and Greenberg on the subject of Gamine (Into Mischief) testing positive for betamethasone following her third-place finish in the 2020 GI Kentucky Oaks. Baffert has maintained that he gave Gamine the medication 18 days prior to the race when the rules only prohibit its use within14 days of a start.

“You ran a horse that was disqualified from the most important race for 3-year-old fillies in America, isn't that right? That is a very significant outcome, isn't it?” Greenberg asked

“That was an unjustified outcome,” Baffert replied.

Greenberg also brought up Baffert's announcement in November 2020 that he was hiring Dr. Michael Hore of Hagyard Equine Medical Institute “to add an additional layer of protection to ensure the well-being of horses in my care and rule compliance.” Hore later revealed that he never went to work for Baffert. Baffert said that the only thing that kept Hore from fulfilling those duties was the pandemic.

“You didn't do it Mr. Baffert,” Greenberg said of his promise to bring Hore on aboard. “True or not?”

“It couldn't be done because of COVID,” Baffert replied. “He was going to come in January but he couldn't make it.”

“Is that your way of saying, no, I didn't hire Dr. Hore?” Greenberg said in response. “You did not hire him.”

“He couldn't make it because of COVID,” Baffert said. “He couldn't get there until late spring.”

The hearing soon turned to Baffert's series of press conferences and interviews after it was revealed that Medina Spirit had tested positive. Greenberg alleged that Baffert's media tour hurt the sport because he brought up such things as conspiracy theories. For Baffert, his response marked a rare time where he did admit to some guilt. At the end of the hearing he said if he had to do it over again he would not have granted those interviews.

“I used the word 'cancel culture' and what I meant to say was 'knee jerk,'” Baffert said. “To say 'cancel culture' was a bad move on my part.”

But Baffert said he made such statements because he was under duress.

“I was pretty upset,” Baffert said. “That was just raw emotion, knowing that I did not inject that horse with betamethasone. I knew something was not right.”

When asked if he understood that what he said was harmful to the reputation of the sport, Baffert replied: “This was something that really hit me hard. This is the Kentucky Derby, the greatest race. This is a trainer's nightmare.”

Before Greenberg had his turn, Baffert attorney Craig Robertson led the trainer through a series of questions that included his take on what happened with Medina Spirit. Baffert reiterated his contention that the drug got into the horse's system not through an injection but through the use of a topical ointment, Otomax, to deal with a skin condition. Baffert, who, at first, said that it was impossible that betamethasone was in Medina Spirit's system, said he did so because it never crossed his mind that the drug could be present in a skin ointment. It's notable, however, that it clearly says on Otomax boxes that the ointment contains betamethasone.

Baffert acknowledges that the controversy has affected both him and his family and added that the horses taken away from him include Life Is Good (Into Mischief), who he called the “best horse training in America.”

“It's been rough and tough,” he said. “But it's one of those things where we know we have the facts and the truth. It's probably tougher on my children.”

The hearing started with testimony from Dr. Clara Fenger, a former state vet for the Kentucky Horse Racing Commission. Robertson went through the various drug positives Baffert has been hit with and asked with each one if the drugs involved were performance-enhancing, able to mask any injuries and had any pharmacological effect. Fenger answered no on each occasion.

Next up was Dr. Steven Barker, the long-time director of the Equine Medication Surveillance Laboratory and state chemist to the Louisiana Racing Commission. Like Fenger, Barker said that none of Baffert's violations were particularly serious.

“There's nothing here that matches the rhetoric that has surrounded this case and the actions of NYRA,” he said. “None of this can be considered doping. None of this can be considered an attempt to affect performance. These are common therapeutics at extremely low levels.”

The hearing will resume Friday, with closing statements expected.

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Feinstein Seeks ‘Thorough, Transparent And Independent’ Investigation Of Medina Spirit Death

Dianne Feinstein, California's senior senator and a Senate co-sponsor of the Horseracing Integrity and Safety Act of 2020 that is now law, has written to the California Horse Racing Board to urge the regulatory body to conduct a “thorough, transparent and independent investigation” into the sudden death of Medina Spirit, the first-place finisher in the 2021 Kentucky Derby who collapsed following a workout at Santa Anita Park in Arcadia, Calif., on Dec. 6.

The letter, to the CHRB's executive director, Scott Chaney, said the board's role is “beyond critical to protecting these horses and strengthening the integrity of the sport.”

Medina Spirit and the colt's trainer, Bob Baffert, are the subject of an investigation by the Kentucky Horse Racing Commission over a positive drug test for the corticosteroid betamethasone detected in a post-race sample from the Derby. Attorneys for Baffert and the horse's owner, Zedan Racing Stables, Inc., contend a test they commissioned from a New York laboratory proves the drug positive resulted from an ointment used to treat a skin rash on Medina Spirit and was not from an injection of betamethasone.

The full text of the letter follows:

Dear Mr. Chaney,

As the California Horse Racing Board proceeds with the investigation into the jarring death of Medina Spirit, I urge you to ensure such efforts are thorough, transparent, and independent of any outside influence. Further, I ask that you provide my staff with regular updates on the investigation and any recommended actions necessary to prevent additional fatalities.

As you well know, Medina Spirit is one of 71 racehorses who have died at California racing facilities thus far in 2021. While this represents a reduction in deaths from prior years, it is apparent that more work is necessary to prevent these tragic fatalities. The continuation of racehorse deaths across the country illustrates why states' cooperation is especially critical to support the implementation of the Horseracing Integrity and Safety Act. As you know, this law establishes national, uniform safety standards for horseracing, which will take effect on July 1, 2022.

I recognize that Governor Newsom and the CHRB have worked to improve the safety of horseracing, and I expect this matter will be treated with the seriousness and professionalism it deserves. As a lifelong horse-enthusiast, I appreciate your prioritizing the welfare of racehorses. Your oversight role in this investigation and beyond is critical to protecting these horses and strengthening the integrity of the sport. Please let me know if I can be helpful.

Sincerely,
Dianne Feinstein
United States Senator

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