Bob Baffert | Horse Racing Free Tips

Baffert’s Hearing on NYRA Exclusion Gets Pushed Into ’22

A Jan. 24, 2022, start date for the hearing process to determine whether the New York Racing Association (NYRA) can exclude trainer Bob Baffert from racing at its three tracks was mutually agreed upon by the two parties during a Monday videoconference.

A NYRA spokesperson confirmed to TDN that the schedule was established during the Oct. 11 conference by hearing officer O. Peter Sherwood.

Baffert must answer to a three-count complaint filed against him by NYRA in the form of a “statement of charges.” Those three counts correspond to Baffert's alleged conduct that is or has been “detrimental” to three entities: 1) “the best interests of racing”; 2) “the health and safety of horses and jockeys”; 3) “NYRA business operations.”

NYRA is already defending itself in a federal lawsuit initiated by the Hall of Fame trainer with the well-publicized history of equine drug positives over whether or not NYRA violated Baffert's constitutional rights by trying to ban him outright without any type of hearing back on May 17.

On July 14, the United States District Court (Eastern District of New York) granted Baffert a preliminary injunction that allowed him to race at New York's top-tier tracks pending the resolution of his overall case.

While that ruling allowed Baffert to start horses at Saratoga Race Course, Belmont Park and Aqueduct Racetrack, NYRA additionally took the judge's order to mean the association could move forward with drafting a new set of procedures for holding hearings that could suspend licensees who engage in injurious conduct.

After those rules were made public, NYRA, on Sept. 10, wrote a letter summoning Baffert to appear at just such a hearing, presenting him with the statement of charges.

On Sept. 22, Baffert filed a motion asking a federal judge to hold NYRA in civil contempt for trying to schedule any sort of hearing that could once again bar him from participating at NYRA's tracks. He claimed NYRA's move to initiate that sort of hearing was in violation of the preliminary injunction.

But on Oct. 5, a federal judge dismissed Baffert's “contempt” allegations, underscoring that NYRA could, in fact, move forward with its newly created hearing process because it was entirely separate from NYRA's original May 17 attempt at banishing Baffert.

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NYRA: Bob Baffert’s Hearing Scheduled To Begin Jan. 24

The official hearing for Bob Baffert's potential suspension from New York Racing Association tracks will begin on Jan. 24, reports the Daily Racing Form. That date was decided during Monday's initial meeting between NYRA and Baffert's attorneys, which was presided over by O. Peter Sherwood, the retired New York State Supreme Court justice serving as a NYRA-appointed hearing officer.

NYRA issued a statement of charges against Baffert and fellow trainer Marcus Vitali on Sept. 10, and initially scheduled a hearing for Baffert to begin on Sept. 27. However, that hearing was delayed until Oct. 11 as Baffert's attorney requested additional time. Baffert was not expected to participate during Monday's meeting, because it was convened only to schedule future dates and deadlines.

NYRA had notified Baffert ahead of the Belmont Stakes that it was suspending his ability to enter horses in races or have stall space at its racetracks due to his recent history of medication violations (five over a one-year period), the conflicting statements he provided to media around the Medina Spirit scandal, and Churchill Downs' suspension of the trainer.

Judge Carol Bagley Amon of the Eastern District of New York determined that NYRA's suspension of Baffert should not have taken place without some sort of hearing allowing him to address the organization's accusations against him. Although NYRA was asserting its private property rights in the case, Amon said the organization is closely entwined enough with the state that its suspension of Baffert constituted a state action, thereby requiring due process.

The upcoming hearing process, laid out by NYRA in it's official statement on Sept. 10, is not expected to be brief. The hearing may last several days, and Sherwood is not required to issue his post-hearing report with recommendations within a specific period of time.

Once that report has been issued, a panel will review it and issue a final decision within 10 days.

Lord Nelson Euthanized

Spendthrift Farm's MGISW Lord Nelson (Pulpit–African Jade by Seeking the Gold) was euthanized Thursday after a long battle with laminitis. He was 9-years-old.

“Upon consulting with a veterinarian team consisting of Dr. Scott Morrisson, Dr. Jim Morehead, and Dr. Caleb Harms and our stallion manager Wayne Howard, it was determined that the only humane course of action we had was to euthanize Lord Nelson following his latest difficult battle with laminitis,” said Ned Toffey, Spendthrift's general manager. “It's pretty well chronicled his long fight with the disease. After several encouraging years, it unfortunately caught up with him and we couldn't allow him to suffer after we had run out of medical options.”

He continued, “It is a very sad day at Spendthrift. Lord Nelson was an unbelievably courageous horse and I think he'll always be remembered by the entire team at Spendthrift and anyone who ever got to be around him. Just a very special animal and we will miss him.”

Lord Nelson won seven of his 13 starts for trainer Bob Baffert and Spendthrift, earning $958,271. The flashy chestnut closed his career with a trio of Grade I victories in the Triple Bend S., Bing Crosby S. and Santa Anita Sprint Championship S. in 2016. He was forced to miss that year's Breeders' Cup and the 2017 breeding season with a leg infection became laminitis. Lord Nelson's oldest foals are 2-year-olds and he currently has three winners.

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Friday’s Insights: Full-Sis to Caledonia Road Debuts at Belmont

4th-BEL, $90K, Msw, 2yo, f, 6 1/2f, post time: 2:20 p.m. ET
Vegso Racing Stable homebred CELESTIAL (Quality Road), a full-sister to champion 2-year-old filly and GI Breeders' Cup Juvenile Fillies heroine Caledonia Road, kicks off her career for Hall of Famer Bill Mott. She RNA'd for $700,000 as a FTKSEL yearling last year and is drawn widest of all in post nine.

Magnier, Tabor, Smith and Westerberg's Sweet as Pie (Tapit), a $490,000 FTKSEL yearling produced by a full-sister to GISW Streaming (Smart Strike), debuts for Hall of Famer Todd Pletcher. Her third dam is the legendary bluehen mare Better Than Honour (Deputy Minister). The 2-1 morning-line favorite has been assigned the rail. TJCIS PPs

6th-KEE, $84K, Msw, 2yo, f, 6f, post time: 3:55 p.m. ET
SOCIAL MATRIX (Jimmy Creed), a $500,000 FTKSEL yearling and a half-sister to champion 2-year-old filly and GI Breeders' Cup Juvenile Fillies heroine British Idiom (Flashback), takes on a full field in this debut run for Brad Cox. The OXO Equine colorbearer worked five furlongs from the gate in 1:01 3/5 (28/53) at Churchill Downs Oct. 2. TJCIS PPs

8th-SA, $61K, Msw, 2yo, f, 6f, post time: 7:29 p.m. ET
Hall of Famer Bob Baffert unveils $750,000 KEESEP yearling graduate BROCADE (Into Mischief). The half-sister to MSP Kansas Kis (Constitution), owned by Sarah Kelly and Jane Wiltz, worked four furlongs from the gate in :47 4/5 (2/40) at Santa Anita Sept. 24. The Into Mischief over Tiznow cross is also responsible for GSW & MGISP Comical. Aqua Julia (Exaggerator), a half-sister to GISW Mushka (Empire Maker), debuts for Richie Baltas. TJCIS PPs

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