Ron Flatter of Horse Racing Nation reported that the judge in Zedan's lawsuit against Churchill Downs, Inc. (CDI) was “prepared to rule” on Zedan's motion for an injunction and/or on CDI's motion to dismiss the case entirely, but wanted to wait until the Kentucky attorney general weighed in on the constitutionality of a law that CDI is citing that is designed to prevent the filing of allegedly frivolous lawsuits.

Jason Frakes of the Louisville Courier Journal reported that John Quinn, an attorney representing Zedan, argued Apr. 15 that the decision to extend Baffert's previous two-year suspension was based on the “subjective opinion” of CDI's chief executive, Bill Carstanjen.

Matt Hegarty of Daily Racing Form wrote that judge Mitchell Perry “spent much of Monday's hearing drilling attorneys for Zedan on why the owner waited to file his request for a temporary injunction until April when it was known that Baffert had been banned through the 2024 Derby in July of the previous year.” Perry told Zedan's legal team that much of the relief they were seeking could have been issued at any point in the last 10 months after stating that the late hour of their request was putting 'an incredible time crunch on everyone involved, including this court.'”

Hegarty also quoted a lawyer for CDI, Thomas Dupree, as stating to the judge that Zedan was well aware his horses would not earn Derby qualifying points if they were under Baffert's care.

“He knew back in July of last year that if he kept Mr. Baffert as his trainer then his horses would not be eligible,” Hegarty's DRF story quoted Dupree. “Each time, he decided to stick with Mr. Baffert, knowing the consequences of his decision, and he now regrets that decision.”

After the Zedan-owned and Baffert-trained Medina Spirit tested positive for betamethasone in the 2021 Derby, Baffert was banned from CDI's properties for two years. A federal judge in February 2023 denied Baffert a preliminary injunction that the Hall-of-Fame trainer had sought to be eligible to race in the Derby. Last July CDI extended the ban at least through 2024. Baffert is not a party to this latest lawsuit.

Zedan owns the GI Arkansas Derby winner Muth (Good Magic), who would be among the Derby favorites if allowed to race.

It is unclear if a ruling in favor of Zedan would allow other Baffert trainees owned by different entities to also participate in the Derby, or if any lifting of the ban would also permit Baffert's trainees to enter the GI Kentucky Oaks.

After the hearing, a spokesperson for Zedan issued the following statement to TDN: “We appreciate the attention the Judge has paid to this case and we share the court's interest in definitively resolving these issues for the 150th Derby and beyond. We look forward to his rulings on our case.”

TDN also requested comment from CDI, but a spokesperson for the corporation did not respond prior to deadline for this story.

Next up is an Apr. 17 hearing.

The post Reports: Judge Could Rule on Zedan Derby Lawsuit by End of Week appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The evening will also include numerous items in live and silent auctions, including a Knicks Go package, a Not This Time halter, horseshoes from Medina Spirit and Arabian Knight, and a California Chrome saddle towel. Bidding on silent auction items begins Wednesday. For more information, click here.

The post Stable Recovery Spring Meet Gala Saturday appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Jason Frakes of the Louisville Courier Journal was among the first to report on the motion, which was filed in Kentucky the same morning as a Jefferson County Circuit Court hearing was held on the matter.

That Monday hearing put off until at least Apr. 15 a decision on owner Amr Zedan's request for an injunction or on CDI's motion to dismiss.

“Everybody involved in horse racing is watching this issue, I'm sure,” Judge Mitch Perry was quoted in the Courier Journal.

Zedan owns the GI Arkansas Derby winner Muth (Good Magic), who would be among the Derby favorites if allowed to race.

It is unclear if a ruling in favor of Zedan would allow other Baffert trainees owned by different entities to also participate in the Derby, or if any lifting of the ban would also permit Baffert's trainees to enter the GI Kentucky Oaks.

According to the Courier Journal, CDI's motion stated that “The demand for a last-minute judicial takeover of the world's most storied horse race…is baseless, outrageous and should be immediately rejected.”

After Medina Spirit tested positive for betamethasone in the 2021 Derby, Baffert was banned from CDI's properties for two years. A federal judge in February 2023 denied Baffert a preliminary injunction that the Hall-of-Fame trainer had sought to be eligible to race in the Derby. Last July CDI extended the ban at least through 2024.

Baffert is not a party to this latest lawsuit filed by Zedan in a Kentucky state court.

“CDI's spurious, illegal extension of the suspension does not withstand scrutiny and imperils a host of interested stakeholders,” Zedan's Apr. 3 complaint stated.

The post Report: CDI Files Motion To Dismiss Zedan’s Derby Lawsuit appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Zedan owns the GI Arkansas Derby winner Muth (Good Magic), who would be among the Derby favorites if allowed to race.

After Medina Spirit (Protonico) tested positive for betamethasone in the 2021 Derby Baffert was banned by the track for two years. Late last year they extended the ban through all of 2024. In past years, Baffert has sent his horses to other trainers, which allowed them to run at Churchill. This year, in a show of solidarity from his owners, including Zedan, Baffert has not lost a single horse to another trainer.

Baffert and Zedan have fought the suspensions through many layers of the court system and they have yet to win a round. Their cases have revolved around the betamethasone positive and have argued that because it was found in an ointment and not in an injection no penalty was warranted. According to the Times report, Zedan is trying a new tactic. He is contending that he bought horses at sales in 2022 based on the fact they could run in the 2024 Derby and he had no reason to believe at the time that the Baffert ban would be extended. Zedan spent about $10.7 million to purchase six horses including Muth and the highly-regarded Maymun (Frosted) with the primary goal of winning the 2024 Derby.

Zedan's attorney will argue that the extension of the ban is not grounded in any contractual or common laws, that it defied the authority of the Horseracing Integrity and Safety Authority and threatens the value of this year's Kentucky Derby.

Zedan lawyer John Quinn casts Churchilll Downs Inc. CEO Bill Carstanjen as the person most responsible for keeping Baffert out of the Derby. The suit accused Carstanjen of ” pursuing a crazed vendetta at the expense of letting fair, healthy competition run its course.” It continues: “among the losers are CDI itself and its own shareholders, who should be welcoming, not banning, the best and fastest horses that have qualified for this year's race.”

In a statement, Zedan echoed his lawyer's comments.

“I am a longtime admirer of the Kentucky Derby and specifically headquartered my stable…in Kentucky because it is world renowned for horse breeding,” Zedan said in the statement. “Bringing this lawsuit is the last thing I ever wanted or expected.

But given Bill Carstanjen's vindictive personal vendetta against our stable's trainer Bob Baffert–who happens to be one of the most legendary trainers in the history of our sport–the horse racing industry I revere is being compromised.”

“While I am not a plaintiff in the lawsuit recently brought by Zedan Racing Stables against Churchill Downs, I would like nothing more than for the horses I train to have an opportunity to run at Churchill Downs,” Baffert told The Times in a text.

It may be a long shot, but Zedan is clearly trying to open up a legal avenue that will allow his horses to race in the Derby. With the Derby just 42 days away, the Zedan team is playing it close when it comes to being granted a temporary injunction.

A hearing on the matter is scheduled for Monday morning with Judge Jennifer Bryant Wilcox.

The post Report: Zedan Sues Churchill in Attempt to Force Track to Accept Baffert Entries appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The post read: “I have instructed my attorneys to dismiss the appeal related to the disqualification of Medina Spirit in the 2021 Kentucky Derby. Zedan Racing owner, Amr Zedan, and I have decided that it is best to positively focus on the present and future that our great sport offers. We thank the KHRC (Kentucky Horse Racing Commission) and Churchill Downs for listening and considering our point of view and we are grateful for the changes and clarity that HISA brings to our sport.”

Ever since Medina Spirit was disqualified over the positive for the medication betamethasone, Baffert and Zedan have tried to have the disqualification overturned. Their primary argument was that the medication got into the horse's system through a topical cream used to combat skin rashes. Baffert and Zedan's lawyers would eventually build more than two years of court cases and administrative appeals around the contention that the betamethasone that showed up in Medina Spirit's post-race positive test was the type that came from a permissible topical ointment and not via some other restricted means, like an intra-articular injection.

In September, Zedan and Baffert filed a petition for a judicial review of the Kentucky Horse Racing Commissions's disqualification of the colt from his win in the 2021 Kentucky Derby. The petition was filed in Franklin Circuit Court in Kentucky and also includes a protest over Baffert's suspension in Kentucky.  Zedan and Baffert claim in the petition that the “laboratory limit of detection” used to identify betamethasone in Medina Spirit “is contrary to the plain terms of KHRC regulations and is void as arbitrary and capricious.”

They also argued that KHRC's exercise of rule making and adjudicatory powers is illegal and that the penalties against Zedan “are unconstitutional, arbitrary and capricious.”

One month earlier, the Kentucky Horse Racing Commission (KHRC) closed the 27-month regulatory saga involving Medina Spirit's Kentucky Derby drug disqualification by unanimously voting to deny appeals by trainer Baffert and Zedan Racing Stables while accepting a hearing officer's recommended order that the penalties originally imposed by the Churchill Downs stewards be affirmed in their entirety. From there, Zedan and Baffert began to try to win their case through the courts.

“The KHRC did what it does best–rubber stamped its own foregone conclusion. I will discuss with Mr. Baffert, but believe it is highly likely the matter is appealed so that it can finally be presented to an impartial Court,” Baffert attorney W. Craig Robertson III said at the time.

It was not clear Monday why Zedan and Baffert apparently changed their minds and decided to drop their case.

It is possible that their dropping the case was a peace offering in what has been an ugly battle between Churchill Downs and Zedan and Baffert that at times took on a personal tone. Churchill first banned Baffert from the 2022 and 2023 Derby. In a surprising move, Churchill announced in July that the Baffert ban was being extended until at least Dec. 31, 2024.

“Mr. Baffert continues to peddle a false narrative concerning the failed drug test of Medina Spirit,” Churchill said at the time in a statement.

Churchill also recently announced that any horse trained by someone banned by the track (Baffert is believed to be the only one under such a suspension) will be ineligible to compete in the Derby if still in that trainers barn as of Jan. 29.

Throughout the dispute, there was widespread speculation that Churchill's harsh treatment of Baffert was in response to the lawsuits. With those lawsuits now having been dropped, it will be interesting to see how Churchill reacts and what doors might open for Baffert and his owners.

Following the news that the case had been dropped, Churchill Downs officials said that the development would have no bearing on Baffert's current status. “Today's dismissal of appeal does not change the current suspension or deadline to transfer horses for the upcoming 150th Kentucky Derby,” read a statement forwarded by Churchill's Darren Rogers.

pic.twitter.com/5RUsOSHMjD

— Bob Baffert (@BobBaffert) January 22, 2024

The post Baffert, Zedan Drop Appeal of Medina Spirit Disqualification appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

In a Dec. 22 filing in United States District Court (District of New Jersey), the judge in the case ordered both sides to file letters by Jan. 15 “if either party wishes to explain why this case should NOT be transferred back to the Central District of California.”

The judge explained his rationale: “This case relates entirely, or all-but-entirely, to alleged events at a 2021 horse race in Kentucky,” the judge wrote. “And this case was originally filed by the Plaintiffs in the Central District of California, before the Plaintiffs voluntarily dismissed their claims and re-filed them here. This is a case, in short, that has little, if anything, to do with New Jersey.”

The original version of the suit, led by Michael Beychok, the winner of the 2012 National Horseplayers Championship, was filed in California four days after Baffert's May 9, 2021, disclosure that Medina Spirit had tested positive for betamethasone after winning the May 1 Derby.

It wasn't until Aug. 22, 2023, that the Kentucky Horse Racing Commission's disqualification of Medina Spirit from the 2021 Derby–which also affirmed the elevation of runner-up Mandaloun as the official winner–was sustained after a long administrative appeals process.

Baffert, plus his incorporated racing stable, were named as the defendants back in 2021, and the plaintiffs' California-filed version of the suit made it a point to note that “Venue is also proper for these claims in this Court because Defendants reside and transact their affairs and conduct business in the State of California and, specifically, through this District.”

The more than 30 class members of that suit chose the Racketeer Influenced and Corrupt Organizations Act (RICO) Act as a tool to try and collect damages. In addition, they sought an order from the judge stating that Baffert must divest himself from the sport.

RICO is a sweeping 1970 federal statute initially designed to combat the Mafia. But in a legal sense, it has long since lost its “organized crime” stigma. RICO today is rarely used to go after stereotypical “godfather” figures. Instead, RICO has evolved as a civil litigation component, and is most often asserted by purported victims of white-collar crimes, such as mail and wire fraud.

Two months after its initial filing, the class-action complaint was withdrawn from the California federal court on July 22, 2021. One day later, an amended version of it resurfaced in New Jersey.

The New Jersey complaint from July 23, 2021, alleged that, “[Baffert's] multiple and repeated acts of doping and entering horses into Thoroughbred races, including the Kentucky Derby, constituted racketeering activity.”

In subsequent court documents, the plaintiffs explained why they believed New Jersey should now be the proper venue. They cited a legal precedent that involved a case in which the act of  simulcasting a race into New Jersey from another state “permits the Court to exercise personal jurisdiction over it.”

The plaintiffs also alleged that Baffert's purported doping fraud included his occasional starts at Monmouth Park.

But as far back as September 2021, when Baffert first moved for dismissal of this lawsuit, his court filing termed that switch from California to New Jersey “blatant forum shopping” because the new venue has “no meaningful connection to the allegations raised in their Complaint.”

The term “forum shopping” refers to the practice of litigants angling to get their case heard in the court thought most likely to result in a winning outcome. It is not illegal or unethical to forum shop, but judges can and do let parties know if they believe lawyers are stretching legal boundaries by trying to get their cases heard in venues that are most favorable to them.

Another Baffert filing, on Jan. 12, 2022, again alleged that the plaintiffs were off base in attempting to litigate the matter in New Jersey.

“The law is clear that there must be case-specific contacts with the forum state…” that filing stated. “Even if one were to accept Plaintiffs' tinfoil conspiratorial premise that Baffert engaged in a nationwide racketeering scheme to defraud individuals he never met, Plaintiffs would still have to establish that at least some of the alleged illicit conduct actually occurred in New Jersey. They have utterly failed to do so. This matter has zero connection to New Jersey and it must be dismissed.”

Earlier this year, a federal judge in Kentucky dismissed a similar (but entirely separate) class-action lawsuit initiated against Baffert by a group of horseplayers who alleged negligence, breach of contract, and unjust enrichment because their losing pari-mutuel bets on the 2021 Derby also weren't honored as winners.

Baffert's attorney in the New Jersey case, W. Craig Robertson III, made sure the judge in New Jersey was aware of that Kentucky dismissal when considering the motion to dismiss, which is still active and has yet to be ruled upon.

“Identical to this case, the [federal complaint in Kentucky] was commenced by a purported class of aggrieved gamblers against [Baffert] asserting claims connected to pari-mutuel payouts from the 2021 Kentucky Derby,” Robertson wrote in a July 26, 2023, letter to the U. S. District Court of New Jersey.

“The Western District of Kentucky dismissed those claims as a matter of law,” Robertson continued. “Specifically, the Court held that Kentucky's Rules of Racing govern all bets placed on the Kentucky Derby and because the Rules are clear that all payouts are final based on official race-day results, aggrieved gamblers have no injury at law and no viable cause of action even if race results are later altered.

“Similarly here, [Baffert seeks] dismissal of the case before Your Honor due to a lack of cognizable injury, whether under the RICO statute or otherwise,” Baffert's attorney wrote.

Counsel for the plaintiffs responded with their own letter to the judge Aug. 7, writing that the Kentucky decision “has no relevance or merit to the present matter” and that the “causes of action brought by the present Plaintiffs in this action are separate, distinct, and dissimilar from the claims brought by separate parties” in the dismissed Kentucky lawsuit.

The post At 2 1/2-Year Mark, Bettors-Vs.-Baffert Lawsuit on Cusp of Getting Booted Back to Original Court appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

It's disappointing that Churchill Downs has decided to use its private property exclusion rights in the manner it has. Not only has Churchill Downs initially applied these rights to suspend Mr. Baffert for a period eight times as long as that imposed by the Kentucky Horse Racing Commission (the body responsible for implementing the rules of racing), Churchill Downs decided in July 2023 to apply these rights indefinitely to a validly licensed trainer with no regulatory violations since his initial suspension. Extending the suspension and leaving it open to review at the end of 2024 is unprecedented.

I am not aware of other sports where the tracks, arenas or stadiums can dictate what athletes, coaches or owners are allowed to compete in their facilities. When NASCAR penalizes drivers, crews or other team members for infractions, does Daytona Speedway, Bristol or other tracks randomly ban those same drivers and crews for additional length of times? Imagine if Jerry Jones, who owns Texas Stadium, was allowed to ban a specific athlete, coach or team from competing at Texas Stadium because he wasn't happy with punishment the NFL governing committees meted out for a late hit, a personal foul or Deflategate. What if MLB, NHL, NBA/WNBA, MLS or any other competitive sport league allowed for arena owners to do this for petty offenses under the guise of specific conduct being detrimental to the sport? It's ludicrous and unimaginable!

With the advent of HISA we now have a national governing body in place that is developing consistent standards across all states. The Kentucky state rules that existed at the time of the original suspension with respect to betamethasone, a controlled substance, have been superceded by HISA regulations. Mr. Baffert was suspended for 21 picograms (or .021 nanograms) of betamethasone in Medina Spirit. The most recent HISA regulations now use a screening limit of .20 nanograms of betamethasone in horses before any action would be taken. It's ridiculous to me for Churchill Downs to extend Mr. Baffert's suspension given that 21 picograms is almost 90% below the threshold!

I have had the opportunity to work with many world class public and private companies during my career as a partner at a large global firm, having worked closely with C suites and boards on over 500 transactions. I have never seen behavior like this from a board in my career. The allegations around the “false narrative” that the Churchill Downs board has used to defend this action indicate to me there is something deeper and more personal. It appears that Churchill Downs is sending a message to all horsemen and horsewomen not to cross Churchill Downs or proffer alternative points of view lest similar suspensions, far in excess of what is deserved, will be meted out to them. This bullying and abuse of power is not in the best interests of the sport.

It's not just the trainer that suffers either. By extending the suspension, Churchill Downs is not just punishing Mr. Baffert, but Churchill Downs is punishing me. There is significant value that has been lost. Similarly, Churchill Downs is punishing my partners. Churchill Downs is punishing other owners with horses with Mr. Baffert. Churchill Downs also is punishing Mr. Baffert's employees and their families. Churchill Downs is punishing fans, old and new, many of whom are drawn to the sport because of Mr. Baffert.

The bigger issue at play here is the upside down relationship between Churchill Downs and the athletes/horses, the coaches/trainers/breeders and owners. Churchill Downs is nothing without them. I am not alone in this opinion. It would be a shame to see the history of Churchill Downs diminished because of the bullheadedness of a few.

With the upcoming 150th anniversary, the story isn't going to be just about who's there, but who's not and why.

Gregg Slager, Waves Edge Capital, LLC

The post Letter To The Editor: Churchill’s ‘Unprecedented’ Suspension Of Baffert appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The news, first reported by Bloodhorse, noted that the petition was filed in Franklin Circuit Court in Kentucky Tuesday and also includes a protest over Baffert's suspension in Kentucky.

BloodHorse reported that Zedan and Baffert claim in the petition that the “laboratory limit of detection” used to identify betamethasone in Medina Spirit “is contrary to the plain terms of KHRC regulations and is void as arbitrary and capricious.”

They also argue that KHRC's exercise of rule making and adjudicatory powers is illegal and that the penalties against Zedan “are unconstitutional, arbitrary and capricious.”

The post Baffert/Zedan File New Medina Spirit Appeal appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The latest backstretch veterinarians to face such disciplinary actions are Vince Baker, placed on probation for four years, and Sarah Graybill Jones, placed on a three-year probationary period. The effective date for both probationary periods was Aug. 21.

These disciplinary actions signify an ongoing conundrum for backstretch veterinarians in California, who have found themselves afoul of the CVMB for veterinary procedures and approaches that are deemed legal under the California Horse Racing Board's (CHRB) rules.

Baker and Graybill Jones are two of six Southern California-based backstretch veterinarians who have been placed on probation by the CVMB so far this year. The veterinary medical board has filed complaints against at least another 15 backstretch veterinarians.

The various complaints and accusations against California's backstretch veterinarians are similar in nature and reflect a yawning schism between the veterinary board and the CHRB concerning approaches to standard equine veterinary care.

The main areas of conflict surround what the CVMB deems prescribing and dispensing medications or treatments without an examination or forming a diagnosis, how to define the proper veterinarian-client-patient relationship (VCPR) on a racetrack backstretch, and the prophylactic use of medications.

The CHRB has updated its rules on compounded drugs with the aim of clarifying another area of disagreement with the VMB.

Several equine veterinary experts have said that a key part of the conflict surrounds the Veterinary Medicine Practice Act–the overarching rules by which all licensed veterinarians must comport their business–which is almost entirely geared around small animal practice, and therefore is unrepresentative of the practicalities of herd health on a racetrack backstretch.

In an effort to resolve the differences between the two agencies, veteran equine veterinarian Barrie Grant was appointed to the VMB earlier this year by California Governor, Gavin Newsom. The veterinary board has also established an Equine Practice Subcommittee.

Baker is the long-time veterinarian for Bob Baffert, trainer of Medina Spirit, who finished first in the 2021 G1 Kentucky Derby, only to be disqualified due to a post-race betamethasone positive. The following December, Medina Spirit suffered a sudden cardiac death during training.

Due to the high-profile litigation surrounding Medina Spirit's disqualification from the Kentucky Derby, and the horse's subsequent death, the CVMB's disciplinary actions Baker, Medina Spirit's track vet, have proven a lightening-rod on social media.

The CVMB accused Baker of several causes of discipline including alleged negligence in the practice of veterinary medicine, the “dispensing of dangerous drugs without medical necessity,” prescribing “controlled substances without medical necessity,” and failure to establish VCPR.

The TDN reached out Friday morning to attorney Lisa Brown, who represents Baker, for comment. Brown has not yet responded.

The post Several California Racetrack Vets Put on Probation by Vet Med Board appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

But the legal battle to restore Medina Spirit's win in America's most historic and important horse race appears to be just now ramping up.

That's because now that the KHRC's decision is final at the state administrative level, it is ripe for being elevated to the court system and challenged by the losing parties.

Medina Spirit crossed the wire first in the 2021 Derby but subsequently tested positive for betamethasone in a KHRC post-race drug screening.

The Aug. 22, 2023, final order denying the appeals on behalf of Baffert and Medina Spirit's owner, Amr Zedan, officially elevates Mandaloun as the official winner of the 147th Derby.

Not only does the denial of the appeals uphold Medina Spirit's DQ, it lets stand the 90-day KHRC suspension that Baffert already served in 2022 but wanted expunged from his record. Also upheld was the $7,500 fine the KHRC imposed upon Baffert.

Baffert did not respond to TDN's request for comment prior to deadline for this story.

But the Hall-of-Fame trainer's attorney, W. Craig Robertson III, said he will soon be outlining next-step legal strategies with Baffert.

“It's disappointing that the KHRC engaged in no analysis whatsoever of the Hearing Officer's Findings of Fact or Conclusions of Law,” Robertson wrote in an email. “Neither did the KHRC's Order address any of the many objections we raised to the Hearing Officer's ruling.

“Instead, the KHRC did what it does best–rubber stamped its own foregone conclusion. I will discuss with Mr. Baffert, but believe it is highly likely the matter is appealed so that it can finally be presented to an impartial Court,” Robertson wrote.

Eight days after the 2021 Derby, Baffert first disclosed the betamethasone positive at a press conference outside the barn where Medina Spirit was stabled at Churchill Downs. In doing so, he was getting out in front of the official announcement that would come later by the KHRC.

In Kentucky, betamethasone is classified as a Class C drug (on an A-through-D scale with A being the most severe). It is prohibited in any amount in a post-race test.

At first, on May 9, 2021, Baffert chose to implicate various non-specific circumstances as the underlying culprit in the positive test. Two days later, on May 11, Baffert's legal team issued a press release stating that Medina Spirit was treated with the betamethasone-containing ointment Otomax as late as the day before his Derby win to help deal with a skin lesion.

Baffert and Zedan's lawyers would eventually build more than two years of court cases and administrative appeals around the contention that the betamethasone that showed up in Medina Spirit's post-race positive test was the type that came from a permissible topical ointment and not via some other restricted means, like an intra-articular injection.

The Twitter account for Zedan Racing posted a statement on Tuesday that underscored that this method-of-delivery argument would continue to be a central plank in any future court case.

“Today's decision by the KHRC finding the use of a commonly used topical ointment to be a medication rule violation relating to Kentucky Derby winner Medina Spirit was expected. We now look forward to a court's review and legal analysis of the express rules and basic constitutional principles involved. We genuinely believe that the wisdom and guidance that a court can provide will bring clarity benefitting all industry partners and particularly trainers and veterinarians.”

Although no KHRC ruling was issued in the first nine months after Medina Spirit's positive finding, the gaming corporation Churchill Downs, Inc. (CDI), in June 2021 barred Baffert from competing at its portfolio of tracks for two years.

Medina Spirit died on Dec. 6, 2021, collapsing to the track after working five furlongs at Santa Anita Park. A necropsy conducted by the California Horse Racing Board stated that a “definitive cause of death was not established despite extensive testing.”

In 2022, Baffert initiated a federal lawsuit that challenged CDI's ban. The case dragged into 2023, when it was dismissed.

The KHRC finally held its hearing on Medina Spirit's positive test on Feb. 14, 2022, and issued the rulings against Baffert and Zedan a week later.

When stay requests pending appeals filed with the KHRC were denied, Baffert and Zedan took the matter to court, with the KHRC case unfolding around the same time as Baffert's unsuccessful lawsuit against CDI.

In the spring of 2022 Baffert failed to get an injunction against the KHRC that would have kept him from serving his suspension, so he stepped away from training between early April and early July of that year to sit out his penalty.

The KHRC appeals then led to six days of evidentiary hearings in August 2022. The process got delayed a month later when the hearing officer had to recuse himself after one of Baffert's attorneys bought a horse at auction that the hearing officer co-owned.

A new hearing officer, Eden Stephens, took over, and in May 2023 issued a report that concluded that “the stewards' decision was made on reliable, substantive evidence that the horse, Medina Spirit, was administered and carried the prohibited substance, betamethasone” and that “the KHRC's regulations do not state that any route of administration excuses a post-race betamethasone positive.”

It took nearly three more months before the KHRC's vote on the hearing officer's recommendations made it onto the Aug. 22, 2023, monthly meeting agenda. In the interim, CDI extended its private-property banishment of Baffert through 2024.

On Tuesday, the KHRC did not discuss any specifics of the appeals prior to the unanimous voice vote to reject them. The item was listed last on the meeting agenda, and it occurred after a break for the commission to have discussions in an executive session.

When the KHRC reconvened in open session, chairman Jonathan Rabinowitz asked if any commissioners wanted to “abstain due to conflicts of interest, or perceived conflicts of interest.” Four did: Michael Dudgeon, Lesley Howard, Charles O'Connor and Catherine Parke.

Rabinowitz then called for a vote “approving a final order as stated.” But exactly what the KHRC commissioners were voting on was not read into the public record.

TDN had to subsequently ask for and receive a copy of the order from KHRC staff after the meeting to learn what it stated.

“The Hearing Officer's Recommended Order is approved, adopted, and incorporated herein by reference as a part of this Order,” the five-page document read, in part. “Petitioners' appeal is therefore DISMISSED. This is a FINAL AND APPEALABLE ORDER…”

The document listed the procedures for just such an appeal, which, according to state statue, must happen in a Kentucky circuit court within 30 days after issuance of the final order.

The post Medina Spirit’s Derby DQ Upheld at KHRC Level, Ripening Case for Court Challenge appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post