Gary and Mary West | Horse Racing Free Tips

Maximum Security Makes Belated California Debut in San Diego H.

Eclipse Award winner Maximum Security (New Year’s Day) makes his first start for trainer Bob Baffert and first since the federal indictment of former trainer Jason Servis in Saturday’s rescheduled GII San Diego H. at Del Mar.

The homebred was a two-time Grade I winner during his championship campaign in 2019, taking the GI Florida Derby and GI Haskell Invitational S. around his disqualification from an apparent victory in the GI Kentucky Derby. He proved his versatility and did what no other horse of his generation could at the tail end of the campaign, defeating elders in the GIII Bold Ruler H. over seven furlongs and the GI Cigar Mile H. last December. Connections elected to pass on the GI Pegasus World Cup in favor of the inaugural $20-million Saudi Cup Feb. 29, where he gamely held off Midnight Bisou (Midnight Lute). With regular rider Luis Saez unable to leave Saratoga, Maximum Security–the 127-pound highweight–gets the services of Abel Cedillo.

Higher Power (Medaglia d’Oro) is in receipt of five pounds from the favorite and looks to take his record to a perfect two-for-two at Del Mar. After fetching $250,000 from Hronis Racing during the horses-of-racing-age section of the 2019 Keeneland April sale, the bay romped in the GI Pacific Classic before rounding out the triple in the GI Awesome Again S. and the GI Breeders’ Cup Classic. Racing without Lasix as the 14-5 chalk in the Pegasus, he finished a tailed-off 10th, but bounced back with a strong runner-up effort to ‘TDN Rising Star’ Improbable (City Zip) in the June 6 GI Gold Cup at Santa Anita.

Combatant (Scat Daddy) won four races and was multiple graded-placed for Steve Asmussen and Winchell Thoroughbreds and Willis Horton before being acquired by Hronis for $220,000 at KEENOV last fall. Third to Midcourt (Midnight Lute) in the GII San Pasqul S. Feb. 1, he was the narrow winner of the GI Santa Anita H. Mar. 7 and a latest 10th in the GII Oaklawn H. He is cross-entered for Sunday’s GII Eddie Read S. on the turf.

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‘Very Excited, And A Little Bit Nervous’: Baffert Readies Maximum Security For San Diego Handicap

Asked about champion Maximum Security during Wednesday's media teleconference organized by the NTRA, Hall of Fame trainer Bob Baffert admitted to mixed feelings ahead of the colt's start in Saturday's Grade 2 San Diego Handicap at Del Mar.

“When I see him train, he trains like a really top horse,” Baffert said. “That's what I see, and I'm actually very excited, and a little bit nervous. I feel a little added pressure; there's a lot of pressure when you're around good horses.”

In his most recent start, the Gary and Mary West homebred won the inaugural $20 million Saudi Cup over Midnight Bisou. Since that effort at the end of February, the story around Maximum Security shifted from his historic Kentucky Derby disqualification in 2019 to the federal indictment of his former trainer, Jason Servis, on March 9, 2020.

Maximum Security was given a full medical evaluation and some down time, then transferred to Baffert's care in Southern California. His first gallop for Baffert was in late April; his first work not until June 1.

In his first start for Baffert, the 4-year-old son of New Year's Day will face a field of six others going 1 1/16 miles over Del Mar's main track. Maximum Security will break from post position five under a new rider, Abel Cedillo.

Regular jockey Luis Saez would be aboard the colt, except that he recently returned a positive test for COVID-19 and will be quarantined for the next two weeks. That left Baffert searching for a new rider, and his go-to big race jockey Mike Smith was already booked to be in New Jersey to ride Authentic in the Haskell.

Cedillo had committed to ride a horse for Mark Glatt in the San Diego, but Glatt let him out of the commitment when the trainer decided not to run his horse against Maximum Security.

“He sort of has the same kind of style [as Saez]; he's a strong rider, he's aggressive,” Baffert said of Cedillo. “He won on Fighting Mad for Gary and Mary West [the G2 Santa Maria on May 30 at Santa Anita], and he's won some races for me. He can handle pressure. I'm happy that I have him here.”

As is typical of Servis' style, Maximum Security had been used to turning in slow and steady morning workouts, more like two-minute licks than speedy breezes. Over the past six weeks, Baffert has focused on acclimating the colt to his style of training, working a bit faster, and his most recent breeze was a sharp five-furlong move in :59.60 on July 11 at Del Mar.

“To be around, he's a big, strong, beautiful horse,” Baffert said. “He's been doing everything well.”

Still, Baffert told the Paulick Report over the weekend that the colt may need a race, coming off the five-month break since the Saudi Cup.

“I feel I've done as much with him as I can for this,” Baffert said on Sunday. “I've been working him in company. He's a lazy horse in the morning and I can see now why they may ran him for $16,000 (maiden claiming) first out. He's a really smart horse; a lot of class, and a really intelligent horse.”

Maximum Security has been assigned 127 pounds under the handicap conditions of the 1 1/16-mile San Diego, five more than Higher Power (winner of the G1 Pacific Classic in 2019) and Midcourt (G2 San Pasqual winner in 2020). No horse since Native Diver toted 131 pounds in 1965 has carried more weight in winning the San Diego Handicap. California Chrome won under 126 pounds in 2016 in his first start since winning the G1 Dubai World Cup.

The San Diego Handicap field from the rail with jockeys and weights in parenthesis: Higher Power (TBD, 122); Ax Man (J.C. Diaz, Jr., 118); Midcourt (Juan Hernandez, 122); Dark Vader (Umberto Rispoli, 118); Maximum Security (Abel Cedillo, 127); Combatant (Drayden Van Dyke, 121) and Sharp Samurai (Edwin Maldonado, 119).

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Maximum Security Breezes For San Diego Handicap; Baffert Shops For Rider

In his final work before next Saturday's $150,000 Grade 2 San Diego Handicap, Eclipse Award winner and presumptive race favorite Maximum Security went five furlongs in :59.60 Saturday morning at Del Mar for Hall of Fame trainer Bob Baffert and owners Gary and Mary West of Rancho Santa Fe.

It was the second-fastest of 86 works officially timed at the distance. United, nominated to and the likely favorite for next Sunday's $200,000 Grade 2 Eddie Read Stakes, went five furlongs in :58.80 for Hall of Fame trainer Richard Mandella and owners LNJ Foxwoods.

Arriving at the north San Diego County track for the 6:30 a.m. session, with exercise rider Juan Ochoa in the irons, Maximum Security spotted workmate Dark Prince several lengths at the start and made up the difference efficiently, finishing just before a fog bank settled to obscure visibility for a while.

“He worked very nice,” Baffert said. “He looks great and I'm very happy with him. He's such a class horse. Now I have to find a jockey because my guy tested positive. That's the next deal.”

Baffert, and the rest of the racing world, learned Friday that jockey Luis Saez, aboard for the son of New Year's Day's last seven starts, had tested positive for the COVID-19 virus. Saez was informed of the result after riding the second race at Keeneland. Saez, Martin Garcia and Victor Espinoza had been in close proximity at Los Alamitos and now have all tested positive. Espinoza took off three scheduled mounts here on the opening day card Friday.

Also working Saturday morning for Baffert was Kentucky Derby candidate Authentic. With Ochoa aboard, the son of Into Mischief owned by Spendthrift Farm and Starlight Racing went five furlongs in :59.80, third fastest at the distance, in preparation for shipping to Monmouth Park in New Jersey for next Saturday's $1 million TVG.com Haskell Stakes.

“He worked well, looks very strong,” Baffert said of the colt who's only blemish in four career starts was a runner-up to Honor A.P. in the Santa Anita Derby. “I am set (for Saturday on two coasts),” Baffert said.

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Appeals Court Hears Oral Arguments In Maximum Security Disqualification Case

The United States Appeals Court for the Sixth District heard oral arguments Tuesday from attorneys in the civil lawsuit over the disqualification of Maximum Security from the 2019 Kentucky Derby. Attorneys for owners Gary and Mary West and the Kentucky Horse Racing Commission and its stewards presented their cases during a telephonic hearing.

The Wests were appealing a ruling from United States District Judge Karen Caldwell in November dismissing their case on the basis that stewards' disqualifications are not subject to judicial review.

Attorneys for both sides touched on two different Kentucky laws in their arguments, and disagreed about whether the stewards' decisions met the state definition of a “final order.” Final orders handed down by state agencies may be reversed in whole or in part in court under certain conditions.

Jennifer Wolsing, representing the commission, referred to Kentucky regulations that specifically forbid appeals of stewards' decisions. Without those regulations, she pointed out, every losing owner could tie up race results in court for months.

“Importantly, the Wests previously agreed to Kentucky's rules,” said Wolsing. “As a condition of licensing and for the privilege of participating in horse racing, the Wests agreed to abide by the commission's regulations, including the provision that the stewards' determinations are final. This rule is here for a reason. The rule otherwise would turn the most exciting two minutes in sports into two years of protracted litigation.”

Final orders, Wolsing argued, are the outcome of an administrative hearing, which per Kentucky law are formal proceedings conducted by a state agency head where it's expected impacted parties will be represented by counsel. Stewards' deliberations, as in the Maximum Security case, do not fit the bill because the stewards are not agency heads and their deliberations are not formal and open to the public. They also do not hear arguments from all affected parties (like owners) through attorneys.

Ronald Riccio, attorney for the Wests, believes that state statute which guides the process of administrative hearings and defines “final orders” should supersede the commission's regulations stating stewards' decisions are not subject to appeal. Riccio argued, among other points, that the stewards' decision was a “final order” and the decision-making process they went through was an administrative hearing during which they collected and reviewed evidence – albeit, he questioned how they did so. Because it was a hearing conducted by state agency employees, Riccio claims the decision should be subject to reversal by a judge.

“The fact that the stewards did what they did in only 22 minutes, and did it as we allege, in derogation of the substantive decision-making criteria that was supposed to be applied, and rendered an opinion which was terribly inconsistent in terms of their oral opinion saying one thing and their written opinion saying another thing — that doesn't mean that the proceeding was not an administrative proceeding subject to the 'final order' of KRS13.150,” said Riccio.

Both attorneys agreed there was relatively little existing case law in Kentucky that addressed this question, outside of one case from 2013 in which an owner/trainer appealed a stewards' disqualification based on careless riding. In that case, a Kentucky appeals court ruled that stewards' decisions were not subject to judicial review.

Judges did not provide a projected timeframe for issuing their ruling.

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