Post Position Leads Baffert To Scratch Medina Spirit From Pennsylvania Derby

Medina Spirit has been withdrawn from Saturday's Grade 1 Pennsylvania Derby at Parx Racing, owing to his outside post position, trainer Bob Baffert told the Albany Times Union's Tim Wilkin on Tuesday.

The son of Protonico drew the ninth post in a 10-horse field.

Baffert will also scratch Grade 3 winner Private Mission from the G1 Cotillion Stakes on the same card, and point her toward the G2 Zenyatta Stakes at Santa Anita Park on Oct. 3.

“I don't like to put them on a plane unless I feel real good about it,” Baffert told Wilkin. “Medina looks good, I just don't like the way the race was setting up. I feel part of my success is knowing when to run and doing what's right for the horse.”

The Pennsylvania Derby would have been Medina Spirit's second race back from a summer layoff, following a win in the Shared Belief Stakes at Del Mar on Aug. 29. Prior to his three-month break, Medina Spirit won the Kentucky Derby from the #8 post, then finished third in the Preakness Stakes.

Baffert said Medina Spirit would be redirected to face older competition in the G1 Awesome Again Stakes at Santa Anita on Oct. 2. If he performs well in the prep race, he will be pointed toward the Breeders' Cup.

Medina Spirit was installed as the 2-to-1 morning line favorite for the Pennsylvania Derby. In his absence, favoritism will likely fall on Hot Rod Charlie, a multiple classic-placed Grade 2 winner who most recently finished first in the Grade 1 Haskell Stakes at Monmouth Park, but was disqualified to last for his role in unseating the rider from Midnight Bourbon, who he will face again on Saturday at Parx.

 

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Baffert Legal Team May File Contempt Motion Against NYRA

A lawyer representing trainer Bob Baffert has notified the judge handling Baffert's legal dispute with the New York Racing Association that he intends to file a motion to hold NYRA in contempt and will also seek a stay that would prevent NYRA from taking any immediate action that could lead to Baffert being suspended.

Those intentions were part of a letter sent Tuesday by Baffert attorney Craig Robertson to Judge Carol Bagley Amon, Senior United States District Judge of the United States District Court for the Eastern District of New York. Robertson asked for a pre-motion conference to go over what are the latest developments in the Baffert-NYRA case.

After it was revealed that the Baffert-trained Medina Sprit (Protonico) tested positive for the substance betamethasone following the GI Kentucky Derby, NYRA announced on May 17 plans to temporarily suspend the Hall of Fame trainer. Baffert fought back and was granted a preliminary injunction by Amon, who ruled that Baffert's right to due process had been violated because NYRA took the action without giving him a hearing. That allowed Baffert to enter horses at Saratoga, but did not end his legal ordeal with NYRA.

On Sept. 10, NYRA announced that it had scheduled a hearing for Baffert, who, NYRA contended, has engaged in conduct detrimental to the best interest of the sport. The hearing is now scheduled to begin Oct. 11 and O. Peter Sherwood, a retired New York State Supreme Court Justice, is scheduled to serve as the hearing officer.

Robertson's argument revolves around the July 14 decision from Amon, which he writes, meant that NYRA cannot go forward until the case before Amon is fully adjudicated.

“On July 14, 2021, this Court entered an Order enjoining NYRA from enforcing its suspension,” Robertson wrote. “The Court directed that NYRA was enjoined 'pending the final hearing and determination of this action.' NYRA did not appeal the Court's ruling.”

Robertson wrote that the scheduling of a hearing was in “direct contravention” of Amon's July 4 ruling.
“…on Sept. 10, 2021, NYRA sent Baffert another letter stating that it was instituting renewed proceedings to impose the exact same suspension which was enjoined,” Robertson wrote. “The reasons set forth in NYRA's Sept. 10 letter for why it wants to suspend Baffert are the exact same ones set forth in its May 17 letter. The only thing different is that it appears that NYRA has concocted some procedures–apparently just for this case–in an attempt to retroactively install legitimacy to its blatantly unlawful actions. These 'procedures' did not exist until NYRA created them out of whole cloth two months after the Court refused to allow it to arbitrarily suspend Baffert…”

NYRA spokesperson Pat McKenna maintained that all actions taken by NYRA have been in compliance of Amon's July 14 ruling.

“NYRA is not seeking to 'enforce' the May 17, 2021 letter temporarily suspending (Baffert),” he said. “That letter is no longer in effect and NYRA does not now or in the future intend to enforce or otherwise invoke that letter as the basis for any action taken against Mr. Baffert. The current NYRA hearing proceeding was independently commenced pursuant to NYRA's common law and regulatory authority to exclude licensees, subject to the requirements of due process, and in full compliance with the U.S. District Court's order and memorandum, dated July 14, 2021, in Bob Baffert v. The New York Racing Association, Inc.”

Robertson cites NYRA's recent actions as the reason why it should be held in contempt. He wrote that the Sept. 10 letter sent to Baffert notifying him that a hearing had been scheduled was “clear and convincing evidence of noncompliance with the Court's Order.”

“In reality, the only difference between the original suspension letter (which has now been enjoined) and NYRA's latest suspension letter is the date on the letterhead,” Robertson wrote. “Until this litigation is concluded, NYRA cannot move forward with attempting to enforce a suspension against Baffert that is identical to the one which has been enjoined. NYRA should be found in contempt of this Court's injunction Order and NYRA's renewed effort to suspend Baffert should be stayed.”

After getting the stay, Baffert had six starts at Saratoga with one win. The victory came with Gamine (Into Mischief) in the GI Ballerina S. That Baffert competed in Saratoga without incident is, Robertson wrote, still another reason why NYRA should not be looking to suspend him at this time.

“There is nothing new which has transpired since NYRA was enjoined,” he wrote. “No new facts, no new allegations. If anything, the facts have moved more solidly in Baffert's favor and toward maintaining the status quo as Baffert raced several horses at the recent Saratoga meet without incident.”

According to the letter, Baffert has a final draft of his motion filed and will submit it if NYRA continues to move forward with efforts to suspend the trainer.

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Trio Of ‘Heavyweights’ Among 10-Strong Lineup For Saturday’s Pennsylvania Derby

Three of the top contenders in Saturday's $1 million, Grade 1 Pennsylvania Derby at Parx Racing will be able to keep an eye on each other.

Hot Rod Charlie, Midnight Bourbon and Medina Spirit will line up side-by-side-by-side when the gates open for the 1 1/8 mile race, the centerpiece of the 13-race card.

Road Runner Racing, William Strauss, Boat Racing and Gainesway Stables' Hot Rod Charlie was assigned post position seven at the Monday afternoon draw, which attracted 10 3-year-olds. Winchell Thoroughbreds' Midnight Bourbon is right next door in post position eight and Zedan Racing Stables' Medina Spirit drew the nine.

Those are the top three choices on the Pennsylvania Derby morning line. Medina Spirit, who is trained by Hall of Famer Bob Baffert and will be ridden by Hall of Fame jockey John Velazquez, is the 2-1 morning line favorite and is coming off a win in the $100,000 Shared Belief at Del Mar on Aug. 29. Earlier this year, the son of Protonico won the Kentucky Derby and was third in the Preakness.

“They have all the heavyweights right next to each other,” Baffert said. “Once they draw, we don't worry about it. The break is important no matter what post they have.”

Hot Rod Charlie, the 5-2 second choice on the morning line, crossed the finish line first in the Grade I, $1 million Haskell at Monmouth in his last start on July 17, but was disqualified and placed last after Midnight Bourbon clipped heels with him.

“It's a lucky number. I like seven,” Hot Rod Charlie's trainer Doug O'Neill said about his post. “With a mile and an eighth race on a mile track like that, there is probably not real bad post. No matter where we are, everyone just wants to get in those doors and get a good, clean break.”

Midnight Bourbon is third on the morning line at 5-1. He is trained by Hall of Famer Steve Asmussen and will be ridden by Ricardo Santana Jr. When last seen Midnight Bourbon finished second in the Grade I, $1 million Travers at Saratoga, beaten by a neck by Essential Quality, the leader of the 3-year-old division

Keepmeinmind, owned by Cypress Creek Equine, Arnold Bennewith and Spendthrift Farm LLC, will be coming to Parx after running against Essential Quality twice at Saratoga. He was second to him in the Grade II, $600,000 Jim Dandy on July 31 and fourth in the Travers. Trained by Robertino Diodoro and ridden by Joel Rosario, Keepmeinmind will be looking for his second career win in his 12th start. He is 8-1 on the morning line.

Four horses are coming into the race with morning line odds of 12-1: Calumet Farm's Bourbonic, third in the Grade III, $500,000 West Virginia Derby in his last start, Juddmonte Farm's Fulsome, winner of the Grade III Smarty Jones at Parx on Aug. 24, Godolphin LLC's Speaker's Corner, an allowance winner at Saratoga in his first start of 2021 at Saratoga on Aug. 14 and Chiefswood Stables Limited's Weyburn, fourth in the Jim Dandy when last seen.

The other two horses in the field are WinStar Farms and China Horse Club Inc's Americanrevolution, winner of three straight races against New York-breds, including the $250,000 Albany Stakes on Saratoga on Aug. 27 and the locally based I Am Redeemed, owned by Lawrence A. Rebbecchi Jr. He has won three of four career starts at Parx.

Here is the Pennsylvania Derby field, in post-position order, with trainer, jockey and morning line odds: 1. Fulsome, Brad Cox, Florent Geroux, 12-1; 2. Keepmeinmind, Robertino Diodoro, Joel Rosario, 8-1; 3. Speaker's Corner, Bill Mott, Jose Ortiz, 12-1; 4. Weyburn, Jimmy Jerkens, Paco Lopez, 12-1; 5. I Am Redeemed, Penny Pearce, Abner Adorno, 20-1; 6. Bourbonic, Todd Pletcher, Kendrick Carmouche, 12-1; 7. Hot Rod Charlie, Doug O'Neill, Flavien Prat, 5-2; 8. Midnight Bourbon, Steve Asmussen, Ricardo Santana Jr., 5-1; 9. Medina Spirit, Bob Baffert, John Velazquez, 2-1; 10. Americanrevolution, Todd Pletcher, Luis Saez, 15-1.

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Baffert Should Be Allowed To Run in Breeders’ Cup

The Week In Review, by Bill Finley

The Breeders' Cup announced Saturday that it had begun a review process to determine whether or not trainer Bob Baffert will be allowed to compete in this year's championship event. The outcome of that review is pending.

“The Breeders' Cup Board has commenced a review process as to whether Bob Baffert will be permitted to participate in this year's Breeders' Cup world championships,” read a statement from the Breeders' Cup. “The process will include an opportunity for Mr. Baffert to present his case and will conclude in advance of pre-entry for the 2021 world championships.”

The statement came shortly after a Breeders' Cup Board of Directors meeting was held Friday. No doubt, Baffert's status was brought up at the meeting. The Breeders' Cup said it has no further comment at this time.

By now, you all know the story. Baffert had five drug positives over a one-year period, including one in the GI Kentucky Derby, where race winner Medina Spirit (Protonico) tested positive for betamethasone. That led Churchill Downs to issue a two-year suspension, which, if not overturned, will keep him from entering in the 2022 and 2023 Derbies, as well as the GI Kentucky Oaks and all other Churchill stakes races. The New York Racing Association has also taken steps to ban Baffert. Other tracks, including Santa Anita, Pimlico, Monmouth and Del Mar have said that Baffert is welcome

Now, the Breeders' Cup will have its say.

There are no easy answers when it comes to Baffert and his situation, but the Breeders' Cup would be doing the wrong thing if it decides the Hall of Fame trainer will not be allowed to enter horses at this year's event.

For one thing, it's too late. If the Breeders' Cup was going to exclude Baffert, it needed to do so shortly after the Medina Spirit positive became public. That's what Churchill and NYRA did. For the most part, nothing has changed since the Derby and there's no reason why a decision couldn't have been made back in May or early June. Now, the clock is ticking, there are fewer than seven weeks until the Breeders' Cup begins and the Breeders' Cup has not said when it will make its decision regarding Baffert. While there's little sympathy in the industry for Baffert's owners, it would be unfair to them to make them switch trainers this close to the event.

And if you want to ban him, be prepared for a court fight that you will probably lose. Baffert and his lawyers have already taken on NYRA and won an early round in their fight against them. To get an injunction that would, at least temporarily, overturn a Breeders' Cup ban probably wouldn't be that hard to accomplish.

But the most important question is this: Does he deserve a Breeders' Cup ban?

While perhaps sounding like a Baffert apologist, which might be an unpopular stance to take, banning him from the Breeders' Cup would be a case of piling on. Yes, he deserves some punishment for all the positives. It's inexcusable for a trainer to have so many in such a short period of time and when you factor in that Baffert has been the face of racing for all these many years, the offense looks all the more serious. This is a sport that has been knocked around pretty good over the last three years or so and all the black eyes have taken quite a toll. Baffert threw gasoline on all the sport's problems.

Still, the punishment is supposed to fit the crime.

What Churchill has done to Baffert will seriously impact his career over the next two years. Not only can't he run in the next two Derbies, but horses he trains will not be eligible to pick up Derby points in the preps. It hasn't happened yet, but there's sure to be a mass exodus from his barn, as no owner with a serious Derby or Oaks candidate will leave their horse in a stable ineligible for those races and not eligible for qualifying points. Expect horses to start going elsewhere early next year. Then there's the potential of a ban at NYRA, which if successful, will keep him out of the GI Belmont S., the GI Travers S. and the dozens of other major races run in New York. That would mean even more horses lost.

That's an awful big bite for a trainer who has been caught only with overages of therapeutic medications. Betamethasone is not a performance-enhancer per se, and neither are the other drugs involved when it comes to the Baffert positives. This is not at all comparable to the Jason Servis-Jorge Navarro situation and all its ugliness.

To have penalized Baffert is fine. But don't keep him out of the Breeders' Cup. At some point, enough is enough.

Europeans Dominate Again…

Walton Street (GB) (Cape Cross {Ire}) is a nice-enough horse, but far from the brightest star in the Charlie Appleby barn. A 7-year-old gelding, he had two wins this year in Dubai before resurfacing last month in Germany, where he finished third in the G1 Longines Grosser Preis von Berlin. Desert Encounter (Ire) (Halling) is a 9-year-old gelding who hadn't won a race in two years. The winner of the Canadian International in 2018 and 2019, his best days seemed to be well behind him.

But when these two finished first and second in Saturday's GI Pattison Canadian International S. at Woodbine, no one should have been surprised. They were the only two European-based horses in the race, and this has been a year where the foreign horses have wiped the floor with their North American counterparts.

About 10 minutes after the Canadian International, Appleby struck again. His 3-year-old gelding Yibir (GB) Dubawi {Ire}) won the $1-million Jockey Club Derby Invitational S. at Belmont Park. He was coming off a win in the GII Sky Bet Great Voltigeur S. at York in England. Yibir is a top horse, but no match for stablemates like G1 Dubai Duty Free Irish Derby and G1 Cazoo St Leger S. winner Hurricane Lane (Ire) (Frankel {GB}) or G1 Cazoo Derby and G1 King George VI and Queen Elizabeth QIPCO S. winner Adayar (Ire) (Frankel {GB}). The second string came through again.

European grass horses are supposed to be better than U.S. grass horses. Our best horses run on the dirt and their best horses race on the grass. But, based on the results of this year's grass racing over here, never has the gap been so big. European horses with modest credentials keep coming here and winning rich, important races.

Appleby and the powerful Godolphin Stable has led the way. He first showed up on June 5 and finished one-two in the GI Longines Just a Game S. with Althiqa (GB) (Dark Angel {Ire}) and Summer Romance (Ire) (Kingman {GB}). Six weeks later, the same pair finished first and second again in the GI Diana S. Althiqa, who has not started since the Diana, had won a Group 2 in Dubai and a listed stakes in France. Appleby has had four stakes wins in the North America this year and finished one-two in two Grade I's. He has three Grade I wins and the Jockey Club Derby is not a Grade I only because this was just its second running.

Aidan O'Brien also has three Grade I wins on this side of the Atlantic. He won the GI Belmont Derby Invitational with Bolshoi Ballet (Ire) (Galileo {Ire}). His Santa Barbara (Ire) (Camelot {GB}) won the GI Belmont Oaks Invitational and the GI Beverly D. S. He didn't miss by much when Japan (GB) (Galileo {Ire}) was second, beaten a neck, in the GI Sword Dancer S. at Saratoga. They're all very good horses, but don't have the star power of some of their stablemates.

O'Brien' s son, Joseph, has also had a remarkable year here. His Baron Samedi (GB) (Harbour Watch {Ire}) won the GII Belmont Gold Cup S. and he won the GI Saratoga Derby Invitational with State of Rest (Ire) (Starspangledbanner {Aus}). Perhaps more so than any other horse, State of Rest tells the story of what has been happening this year. Prior to his arrival in Saratoga, he had won just once and was coming off a third-place finish in a listed stakes at the Curragh. He did not look like Grade I material.

After the U.S. based 2-year-old grass horses held their own on Breeders' Cup Friday last year, the Saturday grass races were dominated by the Europeans. They won all four, which included a one-two-three sweep of the GI Breeders' Cup Mile by Aidan O'Brien. The race was won by 73-1 shot Order of Australia (Ire) (Australia {GB}).

For this year's Breeders' Cup, the American contingent looks particularly weak. The best U.S.-based grass horse appears to be Domestic Spending (GB) (Kingman {GB}). He's won a pair of Grade I races this year for Chad Brown, but had to settle for second last time out in the GI Mr. D. S. at Arlington. Beyond Domestic Spending, the list is thin.

Come Breeders' Cup weekend, it could be a long couple of afternoons for the U.S. grass horses.

Mejia Deserves His Punishment…

The Monmouth stewards didn't show an ounce of mercy toward Tomas Mejia, who was hit with a 10-year suspension for carrying a battery in a race earlier this month at Monmouth. They also recommended that the New Jersey Racing Commission take away his license permanently. Either way, at least in this country, Mejia's career is likely over. A 26-year-old journeyman who has never won more than 51 races in a year who now has this on his record, he's not going to be able to launch any kind of comeback ten years from now.

Using a battery on a horse is despicable and it is cruel and there must be zero tolerance for it. It's hard to imagine that Mejia was the only one who had used one during the Monmouth meet, but there's no going back. If other jockeys had used one, they probably have gotten away with it. The New Jersey racing season is almost over, but let's hope that management and the New Jersey Racing Commission will do everything in its power going forward to make sure this never happens again. That should mean frequent shakedowns at the gate.

The 10-year suspension is believed to be the stiffest ever handed down to a jockey for a battery and a lifetime ban by the commission would be unprecedented. But it was the right call. Let's hope that the Monmouth stewards have established a template going forward for others. Ten years should be the minimum penalty for anyone caught with a battery. Better yet, use a battery and you should never be permitted to ride in a race again.

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