kentucky derby DQ | Horse Racing Free Tips

CHRB Elaborates on Specifics of Baffert Suspension

Earlier this week, a Kentucky judge denied trainer Bob Baffert's attempts to stay a 90-day suspension related to Medina Spirit's betamethasone-positive disqualification from the 2021 GI Kentucky Derby by the Kentucky Horse Racing Commission (KHRC).

While the appeals process plays out, the question now is: What will happen to the nearly 100-horses in Baffert's California-based stable if the suspension goes into effect on April 4.

As the TDN previously reported, the California Horse Racing Board (CHRB) will honor the 90-day suspension metered down to Baffert through a system of reciprocity between jurisdictions.

That honor system is laid out in CHRB rule 1484: “If any applicant for a license or any licensee is under suspension, set down, ruled off, excluded from the inclosure, or otherwise barred from any racing occupation or activity requiring a license, it is prima facie evidence that he or she is unfit to be granted a license or unfit to hold a license or participate in racing in this State as a licensee during the term of any suspension or exclusion from racing imposed by any competent racing jurisdiction.”

On Tuesday afternoon, the CHRB elaborated further on the specifics of any such suspension.

Citing CHRB rule 1843.3 which deals with disciplinary actions stemming from medication violations, licensed trainers suspended for 60 days or more shall be banned from all CHRB licensed facilities.

“In addition, during the period of suspension, such trainer shall forfeit all assigned stall space and shall remove from the inclosures all signage, colors, advertisements, training-related equipment, tack, office equipment, and any other property,” the rule states.

The CHRB also prohibits a trainer suspended for more than 30-days from transferring the horses to any licensed family member, or to any other licensee employed by the suspended licensee within the previous year.

“'Licensed family members' means any person who holds an occupational license issued by the CHRB and who is related to the suspended licensee, or the licensee whose license is revoked, by blood, or by marriage or domestic partnership, or who is related by blood to the spouse or domestic partner of such licensee,” the rule adds.

As written, the rules do not preclude a licensed trainer with no immediate ties to Baffert from assuming the running of his stable in whole or in part, including employees, should the relevant owners in Baffert's barn agree to such a replacement, explained an expert on these matters who asked to remain anonymous.

There would, however, be a set of strict stipulations governing such a scenario, the expert explained.

Baffert would not be allowed to directly contact that trainer for the period of the suspension, for example. And all financial duties of the day-to-day running of the barn—such as payroll and other routine stable costs—would also be the replacement trainer's sole responsibility.

The KHRC has yet to weigh in officially on this particular matter. In its original ruling, the KHRC ruling states that, “Entry of all horses owned or trained by Mr. Baffert is denied pending transfer to persons acceptable to the stewards.”

The TDN emailed the KHRC for clarification on who the Kentucky stewards deem acceptable but has not yet received a response.

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Chief Steward Barbara Borden Goes On The Record About ‘Life-Changing’ Derby Disqualification

Nearly two years after the historic disqualification of Maximum Security in the 145th Kentucky Derby, chief state steward Barbara Borden has gone on record with the Courier-Journal to discuss the career-defining 22 minutes during which she and her fellow stewards made their decision.

Viewing the Run for the Roses from five different camera angles, Borden, Brooks “Butch” Becraft, and Tyler Picklesimer determined that Maximum Security caused an issue near the quarter pole when he impeded the path of War of Will, who then bumped into Long Range Toddy. For the first time in the race's storied history, it was announced that the horse first across the wire would be disqualified due to interference. Borden and her fellow stewards placed Maximum Security 17th, behind Long Range Toddy, the last horse his action bothered. Preparing to make the race official, Borden turned to Becraft and Picklesimer before pressing the button.

“I said, 'This is a big thing and it's probably going to be life-changing,'” Borden told the Courier-Journal. “That was kind of dramatic at the time, I thought, but with some of the events that occurred afterward, it really wasn't an overstatement.”

The aftershocks of the stewards' decision were far-reaching. A call from Maximum Security's owners less than 30 seconds after the race went official was a prelude to the coming legal challenge. Immediately, Churchill Downs took precautions for Borden's safety; a security guard escorted her to her car after the races, but Borden remembers him backing away as she started it, as if the car might explode.

As the weeks after the Derby wore on, Borden said she received hate mail both at Churchill Downs and at her home. Churchill placed a security guard on her for the remainder of the Spring Meet.

Eventually, the stewards' decision was upheld in court due to a Kentucky law that states the stewards are responsible for “all findings of fact as to all matters occurring during and incident to the running of a race,” and “findings of fact and determination shall be final and not subject to appeal.”

“I knew when I took this job that it was going to be stressful at times,” Borden told the Courier-Journal. “It was a little more than I expected, the fallout, but it didn't deter me at all from wanting to come back. The first time we walked back in this (stewards) room after that happened was several days later. It was a little weird to walk in here, but it didn't deter me at all. We did our job. As much as we didn't come in here looking to do that that day, we did our jobs and we were proud of that.”

West: Recent Appeals Court Ruling On Maximum Security Disappointing, But ‘It’s Time To Move On’

Three judges from the U.S. Court of Appeals for the Sixth Circuit have affirmed a lower court's ruling dismissing a suit by Maximum Security owners Gary and Mary West against the Kentucky Horse Racing Commission and Kentucky stewards for disqualifying their horse from the 2019 Kentucky Derby. The decision, published Friday, was unanimous.

Owner Gary West told the Paulick Report he has no intention of continuing the legal fight over the outcome of the race.

“I obviously disagree with the court's findings, but it is time to move on and the decision will not be appealed,” West said via email.

The U.S. District Court for the Eastern District of Kentucky had dismissed the suit for failure to state a claim upon which relief could be granted. Attorneys for the Wests argued their horse should be declared the official winner of the race based on four arguments: that a decision by stewards on disqualifications are subject to judicial review, that the stewards' decision was deficient in terms of evidence/that it was arbitrary and capricious, that the stewards violated the Wests' right to due process, and that the regulation allowing the stewards to disqualify a horse is void because it is too vague.

Judge John K. Bush, who authored the opinion on behalf of the court, disagreed with all four of the arguments, referring to Kentucky's laws and regulations outlining what stewards are permitted to do. Kentucky regulations specifically state that stewards' findings of fact and determination “shall be final and shall not be subject to appeal.” Some types of stewards' decisions, like the choice not to grant an applicant a license or a suspension for a medication ruling, are appealable through the court system. That has not previously been the case for decisions on placings.

One of the primary differences between the stewards' process in these cases is that while reviewing a potential case of foul like that of Maximum Security, the race has not yet been declared official until after stewards complete their own internal decision-making process. In the case of a medication finding, the stewards call licensees in to a hearing and hear evidence and arguments before making a decision, which better matches with the legal definition of an “administrative hearing.” Administrative hearings may be appealed.

Bush thought that distinction was correct, because in-game decisions like a race disqualification in the hands of those best equipped to make those judgements.

“To be sure, a good judge is an umpire who calls balls and strikes,” Bush wrote in part. “But we are not game officials in the literal sense, and we are ill-equipped to determine the outcome of sporting contests. The stewards, on the other hand, are racing officials who must go through rigorous training and experience before they may serve in that capacity. Perhaps only the racehorse itself could tell us whether it was fouled during a race. But horses can't speak, so the Commonwealth of Kentucky, similar to many other racing jurisdictions, has designated racing experts — the stewards, not the appointed members of the Commission or judges — to determine when a foul occurs in a horse race. It is not our place to second-guess that decision.”

Read the complete court opinion here.

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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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