Hank Greenberg | Horse Racing Free Tips

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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Attorneys in the hearing pitting NYRA vs. Bob Baffert made their opening statements Monday in what turned into a sparring session, with one side claiming NYRA Board members had a vendetta against Baffert and the other contending that the Hall of Fame trainer was responsible for a “rampage of doping violations” and is deserving of a temporary suspension.

The hearing, expected to last from three to five days, will determine whether or not NYRA's attempts to suspend Baffert over a rash of medication positives, including one in the 2021 GI Kentucky Derby, should be allowed. The hearing is being held before O. Peter Sherwood, a retired New York Supreme Court Justice. Baffert was present at the hearing.

Representing NYRA, attorney Hank Greenberg spoke first and zeroed in on the six medication violations Baffert accrued from July 27, 2019 through May 1, 2021, the date of last year's Derby, arguing that so many violations in such a short period of time was unprecedented.

“In the modern history of Thoroughbred racing, we can't find anyone who can recall anything like this by a prominent trainer,” Greenberg said.

Greenberg said that Baffert “took a wrecking ball over a two-year period to the integrity of the sport that was so good to him.”

He paid particular attention to Baffert's violations in the Derby, the GI Kentucky Oaks and the GI Arkansas Derby.

“In 2021 and 2020, the only Triple Crown he is responsible for is destroying three Grade I races,” Greenberg said.

After Baffert revealed that he had been informed by the Kentucky Horse Racing Commission that Medina Spirit (Protonico) had tested positive for betamethasone, the trainer conducted several interviews, and Greenberg said he never once took responsibility while chalking his problems up to a matter of “cancel culture.”

“He gets on the Dan Patrick Show, he's on SportsCenter, he's on Fox and his attacks on everyone continue,” Greenberg said. “He says he doesn't believe in conspiracy theories and then he begins to float one. The damage that was done to Thoroughbred racing on these two days was incalculable.”

Greenberg's assertion that Baffert's actions were damaging, not just to NYRA, but to the sport of racing was a recurring theme during his opening argument. He said that NYRA has an obligation to act and to protect the sport and that was among the reasons it was taking action against Baffert. To do otherwise, he suggested, could mean that horse racing could go the same way as dog racing.

“What happens if those institutions do not give their best effort or do everything in their power to protect the safety of the animals, in this case horses?” he said. “What happens is what happened to greyhound racing, which you no longer see. It's what happened to the circus, where there were lion tamers. They don't exist anymore.”

Greenberg said that a lengthy suspension was in order so that, “NYRA can protect racing, protect the horse, protect the jockeys and protect itself.”

Representing Baffert, attorney Craig Robertson argued that Baffert's violations were not of a serious nature and that using terms like “doping” when it comes to Baffert were inaccurate and unfair.

“I suspect that you are going to hear a lot of inflammatory words from NYRA,” Robertson said. “You're going to hear the words 'doping' and 'illegal substances' and 'performance-enhancing.' Nothing could be further from the truth. Everything you're going to hear, all of the matters that Mr. Greenberg is going to discuss, involve lawful, allowable therapeutic medications that are used every day. Doping refers to the use of illegal substances such as anabolic steroids to gain a competitive advantage. There will be no evidence of any of that in this case.”

Regarding his argument that none of Baffert's violations were of a serious nature, Robertson questioned why NYRA would seek to ban the trainer. He suggested that certain influential members of the NYRA Board of Directors were out to get his client.

“Why are we here? The short answer is we shouldn't be here,” he said. “The long answer is the only reason we are here is that there are a handful of NYRA board members that can answer that question. They have some personal vendetta against Mr. Baffert. Do they not like him? Or perhaps since they own horses that race in New York, they are tired of Mr. Baffert coming to New York and beating them in New York races and they want to eliminate a competitor. Only they can answer that question. Despite the fact they want to ruin this Hall of Famer's career, we asked them to come here to appear, to testify, to tell us why they are doing this to Mr. Baffert. They refused to show up. It's a sad day in horse racing and a sad day when they are trying to punish this good man.”

Calling Baffert, “one of the most accomplished and respected individuals in all of racing,” Robertson asked Sherwood to decide “enough is enough” and prohibit NYRA from suspending the trainer.

The hearing began with the two sides arguing over what could and could not be admitted as evidence, including the Saturday Night Live lampoon of the trainer.

NYRA called its first witness, Rick Goodell, a lawyer who was formerly with the New York Gaming Commission. Goodell was largely asked to explain some of the more technical matters involved in the case, like what is lidocaine.

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