Attorneys presented their closing arguments Friday in the week-long hearing between the New York Racing Association and trainer Bob Baffert in NYRA's pursuit to suspend Baffert.
(Read our recaps of previous hearing sessions here, here, here, and here.)
Closing arguments largely reviewed the evidence heard from witnesses over the previous four days. Henry Greenberg, representing NYRA, reiterated the company's concerns were not just based on the six drug violations Baffert picked up in 14 months or the fact that he had two adjudicated violations and an additional, unheard case on Grade 1 races, but also his public handling of those cases.
“He's got a playbook,” said Greenberg. “…Misstate facts, blame others, and avoid responsibility.
“Amongst the Derbies he has won is the Excuse Derby.”
Greenberg also pointed out that while Baffert's attorneys made much of the fact his drug violations took place outside the state of New York and resulted in no penalties by the New York State Gaming Commission. In fact, Greenberg said, as the owner of NYRA Bets, NYRA takes an interest in integrity issues which impact racing outside New York as well as customers wagering from out of state, and that those comprise a majority of the company's business.
W. Craig Robertson, summarizing Baffert's case for the defense, took issue with what he characterized as inaction by NYRA in previous cases, saying the organization's “hypocrisy knows no bounds.” Rick Dutrow, who was handed and ultimately made to begin serving a 10-year suspension, was allowed to continue racing there while he was appealing the case, and Linda Rice, who had her license revoked with the condition she not reapply for three years, is still saddling horses at its tracks. (Greenberg would later point out that Rice has a temporary restraining order in place preventing that license revocation from becoming active.)
Robertson also pointed to the case of Wayne Potts. NYRA said this week it had launched an investigation into the trainer's status following a report he refused to let one of his horses be loaded onto an equine ambulance in New Jersey this summer. When the Maryland Jockey Club determined in 2020 that Potts had been program training for embattled colleague Marcus Vitali however, NYRA released a statement saying, in part, that it would not revoke his entry privileges because he'd had no license taken against his license in that case.
Vitali will be facing a similar hearing to Baffert regarding possible suspension from NYRA in March.
Robertson said the racetrack ownership group seemed uninterested in Baffert's previous drug cases until last year's Kentucky Derby.
“That's what this case is all about,” he said. “Make no mistake about it, Your Honor. This case is about the Kentucky Derby and nothing else.”
“What are they so upset about?” said Robertson. “It comes down to a press conference and three interviews … A man wearing his heart on his sleeve, and now they want to crucify him for it.”
Robertson said Baffert's career was in the hands of Justice O. Peter Sherwood, pointing out that a suspension from NYRA facilities would negate his ability to ever win another Triple Crown.
Greenberg did not apparently dispute that the Derby and Baffert's subsequent mainstream media interviews which Greenberg said impugned racing officials' credibility was a tipping point for NYRA.
“Here's what we would expect [of Baffert after the Derby] — that he'd honor the profession that has been so good to him,” said Greenberg “That he comport himself with dignity. That if he made a mistake, it's not a shameful thing to say, 'I'm sorry. I regret it. I'll do better in the future.' That's all we'd expect, that's all anyone would expect. And what we saw was the exact opposite.”
The procedures handbook set out by NYRA indicates that following the conclusion of the hearing, Sherwood will issue a hearing report which will be disseminated to both sides' attorneys and a panel of people appointed by NYRA's president. From there, both sides have one week to submit additional evidence or disagreements with the contents of the report. The panel will review Sherwood's report and any additional materials filed, and will “have the discretion to adopt, modify or reject any or all of the hearing officer's report, including, but not limited to, the appropriate disposition of the proceeding.”
There are ten days allocated for that review process, after which the panel will issue a final decision which is not appealable within NYRA's oversight.
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