A hearing on the complaint, originally scheduled for early and then possibly late July, is now set for Aug. 3 with the Del Mar stewards beginning at 9 a.m., according to CHRB spokesperson, Mike Marten, in an email Friday afternoon.

In that same email, the CHRB wrote that Baltas–whose license remains active pending the hearing–had attempted to enter horses during the daytime Thoroughbred meet at Los Alamitos, but that the stewards denied those entries on June 28.

That meet runs June 25 through July 10.

The stewards' decision was based on two CHRB rules, one for good cause and the second giving stewards' discretion over entries and declarations, wrote Marten.

“All entries and declarations are under the supervision of the stewards, and they may, without notice, refuse the entries of any person or the transfer of any entries, and they may also, in their discretion, limit entries by providing that no horse shall be listed for more than one race in any one day,” CHRB Rule 1580 states.

According to Marten, Baltas has appealed that decision by the stewards, with an appeal hearing not yet scheduled.

The TDN reached out to Baltas by text but did not receive a response before publication.

According to the original complaint, surveillance video at Santa Anita caught Baltas' employees allegedly administering the substance to the horses on the days they were entered to race.

In California, trainers face tight restrictions about what medications and supplements can be given to a horse within 48 and 24 hours of a race.

A subsequent analysis of the substance by the University of California, Davis, allegedly found the presence of higenamine and paenol, both of which are plant extracts.

According to the United States Anti-Doping Agency (USADA), Higenamine is a chemical found in a variety of plants, and can act as an anti-asthmatic to open up airways.

Higenamine is also becoming more commonly found in dietary supplements for human athletes, as per USADA's website.

A CHRB investigation was triggered on May 8, when the Baltas-trained Noble perfection was a late scratch from the 10th race at Santa Anita.

At the same time, 1/ST Racing, which operates Santa Anita, banned the trainer from running and working horses at 1/ST-owned facilities. On May 7, the Baltas-trained Speedcuber suffered a sesamoid injury, and was euthanized two-days later.

Baltas had no runners at Santa Anita between 1/ST's announcement and the end of the meet, on June 19.

The post Baltas Hearing Rescheduled, Entries Denied by Los Al Stewards appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The TDN reached out to both Vitali's attorney Brad Bielly Friday in an attempt to gather more information. By mid-afternoon, he had not responded. Vitali told the TDN that he was not aware of the terms of the deal.

In September, NYRA announced that it would begin the process of taking action against Vitali, alleging that the trainer had “engaged in conduct that is detrimental to the best interests of the sport of Thoroughbred racing or potentially injurious to the health or safety of horses or riders. Further, as detailed in the respective statements of charges, this conduct warrants revocation or suspension of their right to train horses, enter races, or engage in any racing-related activity at all NYRA properties including Aqueduct Racetrack, Belmont Park and Saratoga Race Course.”

In an official “statement of charges issued against Vitali, NYRA pointed to what it alleged was a long and lengthy list of suspensions and medication violations.

“From between in or about 2010 and in or about 2020, Respondent amassed an extensive record of medication violations, lengthy suspensions, improperly using 'program' or 'paper' trainers during suspensions and obstructing an investigation into alleged wrongdoing,” the statement read. “In the past five years, Respondent was denied entry, ejected and/or had license applications denied by regulators of Thoroughbred racing in Florida, Pennsylvania, West Virginia, New York and Delaware; and was sanctioned by the Jockey Club for violating a racing statute, rule or regulation relating to prohibited or restricted drugs, medications or substances seven times in a single year.”

Since the original statement of charges was issued, things have only gotten worse for Vitali. In February, he was hit with a one-year suspension by the Pennsylvania Racing Commission after a horse he trained allegedly tested positive for methamphetamine. Vitali appealed the suspension and has continued to train. With several tracks not accepting entries from his stable, he has raced primarily at Presque Isle Downs and Turf Paradise.

Vitali rarely runs in New York, but did have a starter at last year's Saratoga meet. He sent out Red Venus (Candy Ride {Arg}), who finished seventh in a $50,000 claimer.

As was the case with Bob Baffert, who was also issued a “statement of charges” in September, NYRA was required due to a court ruling to hold a hearing into the Vitali matter before it could take any action against the trainer. The hearing was originally scheduled for March 1, but was delayed. With Friday's announcement, a hearing is no longer necessary.

The post NYRA and Vitali Reach Undisclosed Agreement appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Todd had been charged with conduct prejudicial to the reputation of racing in February, after a video emerged on social media of him striking a horse with a branch in August of 2020. The 65-year-old had been knighted in 2013 for his services to equestrian sport.

Although Todd issued an apology, his licence was suspended in February pending an initial hearing on Mar. 24, which was adjourned due to legal issues. His Honour Brian Barker, acting as panel chairman, heard the case privately on Apr. 14. Barker announced Todd's suspension, but as he has already served two months, he will be able to make entries immediately.

Barker said, “The appropriate sentence is one of four months suspension, with two months of that deferred for two months.

“That means that the eight weeks that he has already served is sufficient and that Sir Mark is able to operate under his licence immediately and that further, providing that there are no transgressions in the next two months until the June 14, then that deferment will disappear.”

The post Sir Mark Todd To Resume Training After Four-Month Suspension appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Thursday's court hearing was held after the original hearing scheduled on Mar. 2 was postponed when it became apparent that the KHRC would be holding a special meeting two days later to consider and rule on Baffert's request for a stay. This meeting was held on the appointed day and the KHRC voted 10-0 to deny stays of penalties while Baffert and owner Amr Zedan appeal the drug positive rulings related to the disqualification of Medina Spirit in the 2021 GI Kentucky Derby. These penalties include a 90-day suspension and $7,500 fine for Baffert while Zedan was ordered to forfeit Medina Spirit's purse winnings.

After the KHRC board denied Baffert's appeal for a stay on Mar. 4, the matter was taken to the circuit court before judge Thomas Wingate, who did not give an indication of his final decision after Thursday's hearing but said a ruling would be determined by Monday, Mar. 21.

Baffert attorney Craig Robertson was the trainer's sole representative present in court on Thursday while fellow Baffert attorney Clark Brewster appeared later in the hearing over Zoom.

As Robertson began his opening statement, Wingate asked for clarification on the matter of the penalties that came out of Arkansas in May of 2020 when Gamine (Into Mischief) and Charlatan (Speightstown) tested positive for lidocaine. Both horses were initially disqualified and Baffert was handed a fine and a 15-day suspension, but the disqualifications and suspension were later overturned.

“What the facts showed were numerous issues with the original findings of the stewards,” Robertson explained, citing how one sample that supposedly came from Charlatan was incorrectly labeled as a sample from a gelding. “In the end, they set aside the stewards' ruling with no disqualification.”

In Robertson's opening statement, he discussed how the KHRC was attempting to paint Baffert as having a problematic drug violation history, but said that Baffert's violation record stacks up to virtually every trainer in America.

“Their narrative is false,” he said. “By any objective measure, Mr. Baffert has been a tremendous ambassador for horse racing.”

He continued in pointing out the significance of a 90 day suspension because the California Horse Racing Board (CHRB) has confirmed that they too will honor the suspension set forth by the KHRC. Trainers suspended 60 days or more are banned from all CHRB premises and must forfeit their stalls.

“It would essentially end his Hall of Fame career,” Robertson said. “It's preposterous that we would end a Hall of Fame career over a topical ointment. What's even more preposterous is that we end his career before he can appear in court.”

The KHRC is scheduled for a full hearing regarding Baffert's appeal on April 18^th. Up to four days of proceedings are scheduled if needed.

“I'm not asking for you to rule today that Mr. Baffert wins on the merits of this case. That day will come. What I'm asking is that he not be forced to serve his penalty now until his case is heard. If he's forced to serve his penalty now, he can't get those days back if he subsequently wins the appeal. It's not uncommon for stewards' rulings to get reversed by the KHRC itself or by this court,” Robertson said, citing the 2015 Graham Motion case where Motion appealed a suspension and fine handed down by the KHRC. Both were later thrown out by Wingate.

Robertson's arguments placed heavy emphasis on differentiating betamethasone valerate–found in the topical ointment Otomax–and the intra-articular injection of betamethasone acetate. Test results obtained from the New York Equine Drug Testing and Research Laboratory confirmed the finding of betamethasone valerate in Medina Spirit's system.

Robertson noted that while KHRC regulations state that a 14-day stand-down period is required for the intra-articular administration of the corticosteroid as betamethasone acetate, he said that no such violation took place because there was no intra-articular injection of betamethasone as a corticosteroid. In addition, he said that KHRC regulations state that the presence of a detectable concentration of more than one corticosteroid will constitute a violation.

“They only prohibit injections of betamethasone acetate,” he said. “There is no prohibition or regulation of the topical ointment betamethasone valerate and no limit of detection standard unless there is more than one corticosteroid. The KHRC could have specified limit of detection for one corticosteroid or they could have specified for betamethasone topically. They didn't. They are asking for you to read things into the rules that simply don't exist.”

Jennifer Wolsing, the general counsel for the KHRC, began her statement by saying, “There has been a lot of talk about the unprecedented nature of the KHRC's action to deny the stay. It is our position and I would like to submit that Mr. Baffert's conduct is also unprecedented and justifies the stay denial that we have before us today.”

Wolsing went on to explain how Baffert's accrued penalties are “literally off the charts,” how the suspension is justifiable because he presents an elevated risk of re-offense and also how the suspension serves to protect racing participants, the horses, integrity in racing and the public's confidence in racing.

In response to Robertson's comments about the overturned rulings in Arkansas, Wolsing pointed out that Baffert still received fines for the positives from Charlatan and Gamine because the commission found that Baffert was “the absolute insurer of the condition of the horse.” Because Baffert was still fined for both horses, the KHRC considers these occurrence as two separate violations.

Judge Wingate asked Wolsing about the difference in the administration of betamethasone topically and intra-articularly.

“[Regulations] explicitly state, 'Except as expressly permitted in [in 810 KAR Chapter 9], while participating in a race, it is a violation if a horse carries in its body any medication that is foreign to the horse.'”

She went on to state that betamethasone is not expressly permitted, referencing the KHRC's Drug Classification Schedule where betamethasone is listed as a Class C medication. She explained that because the KHRC did not make a distinction as to the form of betamethasone, it therefore indicates that any form of betamethasone is considered a Class C violation. She also notes that a warning is listed on the withdrawal guidelines that states medication administered outside of the guidelines may lead to a positive test result.

“The source of betamethasone is pharmacologically irrelevant to its impact on the horse,” she said. “When betamethasone valerate is absorbed, valerate is cleaved off and you have pure betamethasone in a horse's system.”

When Wingate asked Wolsing about Robertson's earlier point about the KHRC attempting to put Baffert out of business, Wolsing responded by saying that it was not her understanding that the 90-day suspension would put Baffert out of business. She explained that he could transfer his horses to another trainer for that period and said that the trainer could apply for the same stall space and Baffert's employees would not necessarily need to be laid off.

Wolsing concluded, “At the end of the day, we have to look at who is more likely to prevail. Our regulations are very clear. Betamethasone, in whatever form, is completely prohibited on race day…We have unprecedented behavior and it is totally allowable for the KHRC to deny a stay. If it's allowable, this presents the appropriate case to deny a stay.”

Robertson did rebuttal several points from Wolsing's statement.

Addressing her statements regarding the medication specifically, he said that she is relying on a “catch-all” term that betamethasone is a foreign substance, but in looking at the regulations for betamethasone, regulations are clear about the intra-articular injection of betamethasone acetate but nothing is said about topical administration.

“There's nothing in there that says betamethasone valerate is prohibited,” he said. “They could have stated that, but they didn't. They can't go around punishing this man-and putting him out of business and ending his Hall of Fame career– for something they didn't put in their regulations.”

Addressing the fact that Baffert did pay fines for the positives of Charlatan and Gamine at Oaklawn Park, Robertson said that the stewards did not overrule the fines because of political pressure and that while Baffert could have appealed the fines and won, he did not because he considered the overturned disqualification and suspension a victory.

In regards to Wolsing's points about Baffert transferring his horses to another trainer if he is forced to serve the suspension, Robertson pointed out that such a transfer would have to be agreed upon by the other trainer and the horses' owners, and the other trainer would also have to agree to take on Baffert's employees.

“It's not nearly as simple as Ms. Wolsing tried to paint it,” he noted.

KHRC executive director Marc Guilfoil was called to witness to talk about denying Baffert's request to a stay.

When Wolsing asked about his decision, he responded that he put a lot of thought into it and cited the KHRC's mission statement of maintaining integrity and honesty in horse racing. He said that he reflected on Baffert's announcement in November of 2020 where he made several statements including that he would hire 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.” Guilfoil said that to his knowledge, Baffert failed to fulfill the promises made in the public statement.

“Trainer 101 is to look at a medication you're giving and see if there are any prohibited substances,” Guilfoil said, then referencing how Baffert's four medical violations within a one-year time frame averaged to one per 88 starts.

When Wolsing asked Guilfoil how Baffert's case compares to others he has worked on in the past, Guilfoil said, “The word unprecedented has been thrown around quite a bit and I do agree that it is unprecedented, and the two [violations] in Kentucky were two premiere races in the state of Kentucky.”

When Robertson had the opportunity to question Guilfoil, he asked Guilfoil if the executive director could conclude, without question, that he knew Baffert had not attempted to fulfill the promises made in the public statement, to which Guilfoil ultimately said he could not.

Attorney Clark Brewster, who represents both Zedan Racing Stable and Baffert, also gave a statement via Zoom. He too emphasized the distinction of betamethasone administered as a topical or an intra-articular injection and pointed out that prior to Medina Spirit's drug positive, Baffert had only had one medication positive in 29 years of racing in Kentucky. He ended by stating that he was confident that Baffert would ultimately be exonerated.

In order for Wingate to grant Baffert a stay, the judge must conclude that Baffert's stable would suffer irreparable harm without a stay and must also determine that the trainer's appeal could reasonably lead to an overturned ruling at the April 18^th hearing.

The post Familiar Arguments at Hearing for Baffert’s Stay of Suspension appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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“Bob Baffert is not a cheater,” the trainer's attorney, W. Craig Robertson III, told hearing officer O. Peter Sherwood during the Jan. 28 proceeding. “NYRA used Bob Baffert when it was convenient for them…. Now, they want to kick him out, kick him to the curb…. Your honor, Mr. Baffert's career is in your hands. And that is not an exaggeration.”

NYRA's lawyer, Hank Greenberg, put his closing argument this way: “The statement of charges in this case charges [Baffert] with three violations: That he is a detriment to the sport of Thoroughbred racing, that he is a detriment to the safety of horses and jockeys, and that he is a detriment to NYRA and its business…. We respectfully submit that we have established our case, we have met our burden, and we respectfully urge you to recommend a lengthy suspension.”

The next step in the process is for the hearing officer to write up a report containing findings of fact, conclusions, and a recommended disposition. That report–there is no timetable for when it's due, according to rules that were created last year by NYRA–will then go to both parties and an adjudicatory panel appointed by NYRA's president and chief executive officer, David O'Rourke.

Patrick McKenna, NYRA's vice president of communications, told TDN via email Friday that members of that panel will be selected in the coming days. Asked who is eligible to be selected for it, he wrote, “Although there are no restrictions or required qualifications, individuals who possess an understanding of horse racing or its regulatory framework will be preferred.”

Within a week of the report's issuance, either party may submit written exceptions to it, and then the panel will have the discretion to adopt, modify or reject any or all of the hearing officer's report or recommended disposition. The panel will then issue a final decision that will include a statement setting forth the facts that form the basis of their decision, which shall take effect immediately and is not appealable to NYRA itself (although Baffert could once again bring the matter back before a court of law).

Although Baffert's legal team has previously protested the alleged “fait accompli” fairness of NYRA coming up with the rules for this hearing, its process, the charges, and the appointment of both the hearing officer and the deciding panel, a federal judge ruled last week that NYRA has a right to move ahead in that manner.

Because NYRA has the burden of proof, its legal team was permitted to start Friday's proceedings by offering both the first closing argument and then getting a rebuttal after Baffert's counsel had its turn. This last-at-bat arrangement that gave NYRA two turns to speak was unsuccessfully protested by Robertson as being “inappropriate” in the setting of a hearing, but Sherwood permitted it, presumably because that's how trials in court usually work.

Greenberg led off by accentuating how testimony this week had revealed that no witnesses could ever recall any other Thoroughbred trainer besides Baffert racking up six equine medication positives within a 14-month period, three of which occurred in Grade I stakes (the 2021 Kentucky Derby, the 2020 Kentucky Oaks, and the 2020 Arkansas Derby).

“What is presented to you by this case with these facts, your honor, are a rampage of positive drug tests and violations in frequency in number that has no precedent in the modern history of the sport,” Greenberg argued. “As a consequence of those violations, it is also undisputed and undisputable that there was an avalanche of extraordinary, negative, critical coverage of this great sport…. The consequences of that, the damage that it did to the reputation of the sport, is incalculable.”

Greenberg said testimony proved how NYRA goes to great lengths on a daily basis to make sure horses are fit and safe to race. He described the need to conduct pari-mutuel wagering anchored by integrity and brand equity as being the “lifeblood of existence for NYRA.”

Even if Baffert's recent history of equine drug violations occurred in other jurisdictions, it still “hurts NYRA” because of the “saga that was consuming the sport over that 14-month period as each violation came and each excuse was given,” Greenberg said.

“That harm, that fallout, was caused by one person–this person, your honor,” Greenberg said, referencing Baffert sitting off to the side in the Manhattan conference room, wearing a black sweater and black pandemic mask, his eyes and posture suggesting weariness at the end of a long week.

When Robertson had his turn at the podium, he underscored that NYRA was essentially attempting to re-litigate violations that had already been adjudicated by other regulatory bodies (none of which resulted in suspensions for Baffert), which he said is a violation of the legal principle res judicata.

“Your honor, when this matter started, I told you that NYRA was going to throw at you a bunch of inuendo, speculation and distortion. And that is exactly what they have done throughout this proceeding…” Robertson said. “At the beginning of this case, I said that vindictiveness, the bias, the unfairness of NYRA has no bounds. I should add to that the hypocrisy of NYRA has no bounds.”

By way of example, Robertson pointed out that NYRA never attempted to initiate any form of exclusion against two other high-profile trainers who had much more serious penalties handed down by New York regulators within the past decade.

One was Rick Dutrow, Jr., who in 2011 was suspended 10 years and fined $50,000 by the predecessor agency of the New York State Gaming Commission (NYSGC) after one of his Aqueduct winners tested positive for an opioid analgesic and syringes containing a painkiller and a sedative were found in Dutrow's stable office. Robertson said Dutrow was allowed to start 516 horses at NYRA tracks while he unsuccessfully tried to appeal that ruling, and NYRA never once independently tried to banish him.

The other is Linda Rice, who in 2021 was given a three-year license revocation and $50,000 fine for “improper and corrupt conduct” by the NYSGC for receiving race-entry information about rival horses from NYRA employees. She is currently still actively racing at NYRA tracks after obtaining a court injunction that allows her to participate while she appeals the NYSGC ruling, but, like Dutrow, NYRA never initiated its own separate exclusion against her.

“So when Mr. Greenberg, with all due respect, says there's no evidence of a vendetta, why absolutely there is. It's the first time they've ever done this to somebody,” Robertson said.

Greenberg, in his rebuttal, said Baffert shouldn't be one to complain about not getting his figurative day in court.

“There isn't a person in this country that gets more [due] process than Bob Baffert, from more courts and more tribunals. He's maxxing out on due process. I don't know that anyone's ever seen anything quite like the amount of process he gets by courts, administrative agencies, and [other ruling bodies],” Greenberg said.

Robertson told the hearing officer that it was significant how NYRA, during this past week of hearings, didn't produce a single witness to substantiate or even read through its own statement of charges. NYRA's testimony had instead largely relied upon various specialists and experts who tried to paint a wide-ranging picture of how NYRA was accountable to many state entities and how the magnitude of Baffert's alleged harms put its franchise at risk.

“What's worse, your honor, is that the individuals at NYRA who created these trumped-up charges didn't have the guts to come here and testify about them,” Robertson said. “Where are the NYRA board members? Where was NYRA's CEO?  Where [were] any NYRA executives to testify about this? If this matter is of such great importance to them and their business operations, where are those individuals?…They at least ought to have shown up and looked him in the eye and explained why they're taking their actions against him…

“On the other hand, Mr. Baffert showed up and stood up…” Robertson said, alluding to Baffert's half-day of testimony Jan. 27. “There wasn't a single question that he didn't answer in a genuine manner.”

In his rebuttal, Greenberg blasted Robertson for even bringing that up. He pointed out that in comparable settings in a courtroom, it is not customary for prosecutors to introduce then go through an accusatory document like a statement of charges paragraph by paragraph. Plus, he added, it wouldn't have been appropriate to call NYRA's CEO as a witness, because he's the same person who will be appointing the adjudicatory panel.

“The most Derbies [Baffert] has won is the 'Excuse Derby,'” Greenberg said. “Maybe it's [a groom] urinating in [a stall] or back patches on assistant trainers or drugs being planted and rewards being offered, or it's the veterinarian's fault. Again and again and again, excuses.”

Most meritless of all of the claims made during the heated week of hearings, Greenberg said, is the notion presented by Baffert's legal team that the trainer just wants to be treated like anyone else.

“No he doesn't…not even close….. Mr. Baffert does not want to be treated like everyone else,” Greenberg said, implying that Baffert wants–and gets–special treatment.

Robertson scoffed at that assertion.

“So yes, when I say I want Mr. Baffert to be treated like anybody else, absolutely,” Robertson said. “Because they've singled him out…and in the face of [other] individuals found guilty of serious, serious violations, NYRA says, 'Come on in, you're welcome at our tracks–unless your name is Bob Baffert.'”

Friday's closing arguments marked exactly 257 days since NYRA initially tried to rule off Baffert back on May 17, 2021, in the wake of now-deceased Medina Spirit's Derby drug positive for betamethasone.

Greenberg, near the end of the proceeding, answered his own rhetorical question about what NYRA would have expected with respect to Baffert's initial disclosure about that test result, alluding to the series of press conferences and media appearances in which Baffert at first denied treating Medina Spirit with betamethasone, then later claimed the positive was the result of applying a skin ointment he didn't know contained that drug.

“What would we [have expected from Baffert]?” Greenberg said. “That he honor the profession that has been so good to him. 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 will do better in the future.' That is all we would expect. That's all we could expect. And what we saw was the exact opposite.”

The post Master of Excuses or Victim of Vendetta? Caustic Baffert/NYRA Hearing Closes appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Amon's ruling indicated that the pre-suspension hearing fulfills Baffert's right to due process.

“NYRA is gratified by Judge Amon's decision to dismiss Mr. Baffert's suit in its entirety,” Patrick McKenna, a spokesman for NYRA, told DRF. “As we have said throughout this process, NYRA's focus in this matter is protecting the integrity of the sport of Thoroughbred racing in New York.”

Amon's ruling also states that Baffert will be able to pursue a separate judicial review of a suspension after the hearing is completed.

“Whether NYRA is a biased agency and whether suspension is a 'fait accompli' will certainly be clearer after the hearing has run its course and NYRA has decided to suspend Baffert,” Amon wrote.

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.

Amon 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.

NYRA issued a statement of charges against Baffert and fellow trainer Marcus Vitali on Sept. 10.

The upcoming hearing process, laid out by NYRA in its official statement on Sept. 10, is not expected to be brief. O. Peter Sherwood, the retired New York State Supreme Court justice, will serve as a NYRA-appointed hearing officer. 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

Read more at the Daily Racing Form.

The post NYRA’s Pre-Suspension Hearing Against Bob Baffert To Begin Monday; Judge Dismisses Trainer’s Lawsuit appeared first on Horse Racing News | Paulick Report.

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“The Sept. 10, 2021, 'Statement of Charges' which NYRA has asserted against Baffert are unquestionably vague and entirely subjective,” the amended complaint states. “The 'Statement of Charges' alleges that Baffert has engaged in: 1) 'conduct detrimental to the best interest of racing'; 2) 'conduct detrimental to the health and safety of horses and jockeys'; and 3) 'conduct detrimental to NYRA business operations.'”

The Nov. 19 revision filed in United States District Court (Eastern District of New York) goes on to state that “there are no articulable standards for establishing whether Baffert's conduct in other jurisdictions was detrimental.”

Thus, the amended complaint further states, “Under this vague framework, NYRA seeks to ignore [legal matters that have already been decided] in other jurisdictions and impose its own arbitrary punishment.”

The Hall of Fame trainer's initial version of this lawsuit dates back to June 14. It alleged NYRA violated his constitutional right to due process by trying to bar him over his history of equine medication violations.

NYRA had banished the seven-time GI Kentucky Derby-winning trainer back on May 17 after the Baffert-trained Medina Spirit (Protonico) tested positive for a betamethasone overage while winning the May 1 Run for the Roses.

That case has still not resulted in any Kentucky ruling against Baffert. In a separate testing endeavor, Baffert is trying to prove that Medina Spirit's betamethasone finding was the result of the application of an anti-fungal ointment and not an injection of that drug. The Blood-Horse reported Thursday that long-delayed testing of a urine specimen won't even begin until next week.

But NYRA's desire to rule off Baffert goes beyond Medina Spirit's still-in-limbo Derby penalization status. In the 12 months prior to Medina Spirit's positive, four other Baffert trainees also tested positive for medication overages, two of them in Grade I stakes.

On July 14 the court granted Baffert a preliminary injunction that allows him to race at New York's premier tracks until his lawsuit gets adjudicated in full.

But judge Carol Bagley Amon also wrote in that ruling that “Baffert should have been given notice of all of the reasons that NYRA intended to suspend him….[The] benefits of providing notice and a pre-suspension hearing would likely have been substantial.”

So in the wake of that decision, NYRA drafted a new set of procedures for holding hearings and issuing determinations designed to suspend licensees who engage in injurious conduct.

After those rules were made public, NYRA wrote a Sept. 10 letter summoning Baffert to appear at an exclusion hearing.

On Sept. 22, Baffert filed a motion asking the judge to hold NYRA in civil contempt for trying to schedule such a hearing and to stay the hearing itself. Both requests were denied.

1. Craig Robertson, the lead attorney on Baffert's legal team, then wrote an Oct. 21 letter to the judge asking to be allowed to amend the initial complaint to address the allegedly unfair hearing process. His argument, in part, stated that “The rules and procedures which NYRA has concocted for Baffert were all created after the fact.”

On Nov. 9, in an effort to move along the already cumbersome litigation process, Amon said she would allow Baffert to amend his complaint, because if she didn't, it is likely that he would simply file a new, separate lawsuit to get his allegations about the exclusion hearing ruled upon in court.

“NYRA purports to act pursuant to a new 'rule' that supposedly gives it the right to suspend Baffert for conduct occurring 'in any jurisdiction,'” the amended complaint now states.

“However, prior to this case, NYRA never had such a rule in place and never attempted to punish a trainer for conduct that occurred outside of the state of New York,” the complaint continues. “It created this rule (and the associated procedures) after the alleged misconduct occurred. It is a fundamental due process violation for NYRA to enact rules and procedures and attempt to apply them ex post facto.”

The new allegations further state that “There are numerous other trainers who, unlike Baffert, have actually run afoul of New York's rules of racing, but who NYRA continues to allow to race. NYRA's duplicitous actions make it clear that it has simply chosen to target Baffert for disparate treatment.”

Even as Baffert's legal team is fighting the exclusion hearing, it still must prepare for that process in the event that the court does not intervene to cancel it. The parties have mutually agreed to a Jan. 24 start date.

NYRA has until Dec. 3 to file its response to the amended complaint. When NYRA previously addressed the issue of the hearing in court documents, it termed Baffert's characterization of the process as “misguided,” noting that “Plaintiff s argument that he had no notice of the conduct prohibited by NYRA likewise fails given that common law has long recognized the standards and interests NYRA intends to uphold.”

NYRA had also previously pointed out to the judge that it was “providing Plaintiff exactly what he argued he was entitled to in support of his motion for a preliminary injunction-notice and an opportunity to be heard.”

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The New York Racing Association issued a statement of charges and notice of hearing to both Vitali and trainer Bob Baffert on Sept. 10, 2021. The charges include both conduct detrimental to the best interests of racing and conduct detrimental to the business interests of NYRA.

NYRA's public statement from that day reads, in part: “NYRA contends that Mr. Baffert and Mr. Vitali have engaged in conduct that is detrimental to the best interests of the sport of Thoroughbred racing or potentially injurious to the health or safety of horses or riders. Further, as detailed in the respective statements of charges, this conduct warrants revocation or suspension of their right to train horses, enter races, or engage in any racing-related activity at all NYRA properties including Aqueduct Racetrack, Belmont Park and Saratoga Race Course.”

Vitali raced just one horse at a NYRA track this year, sending out Red Venus to finish last of seven in the fourth race on July 22 at Saratoga. After not starting any horses from July 21, 2019, until Jan. 4, 2021, Vitali has saddled 14 winners in 2021, primarily racing at Turf Paradise, Lone Star, and Presque Isle.

NYRA's statement of charges against Vitali begins: “From between in or about 2010 and in or about 2020, Respondent amassed an extensive record of medication violations, lengthy suspensions, improperly using 'program' or 'paper' trainers during suspensions and obstructing an investigation into alleged wrongdoing. In the past five years, Respondent was denied entry, ejected and/or had license applications denied by regulators of Thoroughbred racing in Florida, Pennsylvania, West Virginia, New York and Delaware; and was sanctioned by the Jockey Club for violating a racing statute, rule or regulation relating to prohibited or restricted drugs, medications or substances seven times in a single year.”

Vitali has made headlines many times over the years, first for numerous therapeutic medication violations, then for avoiding sanctions for positive post-race drug tests by turning in his license in Florida. In 2016, reporting by the Paulick Report revealed Vitali was training horses at Gulfstream Park under the name of Allan Hunter; Vitali and Hunter were subsequently barred from the entry box there and at Tampa Bay Downs. Vitali reapplied for a trainer's license in Florida, where state officials credited him with time served for his medication overages.

The Jockey Club denied Vitali Stud Book privileges for two years, starting January 1, 2017, for being determined to have violated on seven occasions a racing statute, rule or regulation relating to prohibited or restricted drugs, medications or substances in a Thoroughbred on seven occasions within a 365-day period.

Vitali sent out just 29 starters in 2017, mostly at Gulfstream and Gulfstream Park West, but returned with a stronger hand in 2018, with 334 starters, also mostly in South Florida.

In 2019, Vitali's license was suspended for one year when he interfered with a search conducted by Delaware Park security of his employee's dorm, bursting into the room and absconding with an object which was never recovered. Vitali claimed the object was a container of marijuana. His employee at the time said it was an unlabeled vial containing a clear liquid of some type which Vitali asked her to keep in her refrigerator. He has completed that suspension.

In 2020, the Maryland Jockey Club told the Paulick Report that it had given trainer Wayne Potts one week to vacate his barn at Laurel Park, where he keeps 30 horses, after track officials say they discovered Potts was program training for Vitali. Vitali reportedly could not get stalls at racetracks in the area. Maryland officials said they discovered the connection between the two when horses based at Rising Sun Training Center in New Jersey were entered under Potts's name at Laurel and turned up with health certificates that had been altered to white out Vitali's name. A cluster of horses appeared at Rising Sun around that time from longtime Vitali clients, primarily from Florida. That cluster included Be Gone Daddy.

After Potts was told to vacate Laurel, Vitali applied for a training license in Illinois afterwards but was unsuccessful in receiving one. The horses formerly based at Rising Sun ran at Arlington Park and Hawthorne under trainer Dino DiZeo. Many of the same group from Rising Sun posted workouts at Turf Paradise in the days before Vitali saddled his first runner there.

The post NYRA: Hearing For Marcus Vitali Scheduled For March 1 appeared first on Horse Racing News | Paulick Report.

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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.

Read more at the Daily Racing Form.

Here is an archive of stories about Baffert's legal battle with the New York Racing Association:

• May 16, 2021: Baffert Handed Temporary Suspension From NYRA Tracks
• June 14, 2021: Baffert Files New York Lawsuit Claiming NYRA Has No Legal Authority For Suspension
• June 23, 2021: Baffert Vs. NYRA: The Jockey Club Asks To Weigh In On 'Deleterious Effects Of Improper Drug Use'
• July 1, 2021: NYRA: Baffert Ban Necessary To Protect Horses, Riders And Ensure Integrity
• July 8, 2021: Baffert Attorneys: 'It Does Not Serve The Integrity Of Horse Racing To Suspend First And Ask Questions Later'
• July 9, 2021: Five Owners On The Verge Of Leaving Bob Baffert Over NYRA Ban, Legal Filing Reveals
• July 12, 2021: Judge Delays Ruling On Baffert's Lawsuit Against NYRA
• July 14, 2021: Baffert Prevails In Suit Over NYRA Suspension
• Sept. 10, 2021: NYRA Issues Statement Of Charges, Notice Of Hearing To Bob Baffert, Marcus Vitali
• Sept. 21, 2021: Baffert's Attorneys File Letter Protesting Planned NYRA Hearing
• Sept. 28, 2021: NYRA Calls Baffert's Attempt To Collect Legal Fees 'Premature'
• Sept. 30, 2021: NYRA: New Procedures Are 'Exactly' What Baffert Asked For, Hearing Pushed To Oct. 11
• Oct. 1, 2021: 'I've Learned Who My Friends Are': Baffert Opens Up For The First Time Since May
• Oct. 5, 2021: Baffert Loses Bid To Have NYRA Hearing Stayed

Additional stories about Baffert's Kentucky Derby positive and ensuing legal battles can be found here.

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The latest twist in the Baffert-NYRA saga began last week when Baffert's attorneys charged that NYRA should be held in contempt because of its announced plans to afford Baffert a hearing. The two sides have been at odds over the interpretation of a July 14 ruling from Amon, which blocked NYRA's plans to immediately exclude Baffert from its tracks. The Baffert team contends that Amon's ruling forbade NYRA from, at this point in time, taking any disciplinary actions against the trainer and called the proposed hearing a “sham.” NYRA has argued that it has been fully compliant with the order all along and should be permitted to go ahead with the hearing. The latest filing from NYRA read: “Plaintiff moves to hold NYRA in contempt for providing Plaintiff exactly what he argued he was entitled to in support of his motion for a preliminary injunction–notice and an opportunity to be heard.”

On Friday, Baffert's attorney Craig Robertson sent Amon a letter requesting permission for Baffert to file a Reply Memorandum that challenged NYRA's latest legal maneuver and reiterated reasons why the court should hold NYRA in contempt and issue a stay that would prevent NYRA from going forward with the hearing, now scheduled to begin Oct. 11.

The Reply Memorandum outlined the following arguments, most of which have appeared in previous court filings.

(*) NYRA should be held in contempt for violating the Injunction Order.

“The Injunction Order is clear, unambiguous, and directly prohibits NYRA from suspending Baffert,” the filing reads. “NYRA is simply inventing imagined ambiguities where they do not exist to excuse its own bad faith effort to circumvent the Injunction Order.”

(*) NYRA's new rules, procedures and charges are inconsistent with due process.

“Baffert has already defeated NYRA in court when it sought to unilaterally and unlawfully suspend him,” the filing reads. “It now seeks to do the very same thing all over again with vague and highly subjective charges. The idea that he will receive, through the retroactive application of newly created rules and procedures, a fair adjudication from a body intent on punishing him, is laughable.”

(*) NYRA should be sanctioned.

“Finally, NYRA argues that it should be excused from the consequences of its overt attempt to circumvent the Injunction Order,” the filing reads. “However, civil contempt sanctions are necessary to 'coerce future compliance and to remedy past compliance.' NYRA is a sophisticated entity with a long history of litigation. It is painfully obvious that its failure to abide by the Injunction Order is no accident. Sanctions and fees are necessary in this case to make it clear to NYRA that the Court will not tolerate its actions.”

The Baffert team again requested that its client be reimbursed for his legal fees.

The United States District Court for the Eastern District of New York has a hearing date set for Oct. 5 on Baffert's motion to hold NYRA in contempt and to issue a stay regarding possible suspension proceedings.

The post Baffert Again Argues That NYRA Can’t Proceed With Efforts to Suspend Him appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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