This Side Up: Horses, Not Humans, Back At The Epicenter

First things first: let's give their chance to the guys off the bench.

Okay, so there are going to be plenty of eyeballs rolled now that three of Bob Baffert's four Derby migrants are joining a former assistant, on the same circuit, with a total of 38 starters to his name this year—especially as it was the handling of another Baffert medication violation that reportedly caused the scuffle between this same gentleman and a fellow trainer at Clocker's Corner one morning last April. (Both were fined $500.)

The wiseguys will doubtless be finding a mischievous prompt in the name of one of these horses, Doppelganger (Into Mischief). But let's remember that Tim Yakteen learned the ropes not from one Hall of Famer, but two; and that the racing gods owe him, big time, after the harrowing loss of his breakout horse, Points Offthebench (Benchmark), in his final work before the Breeders' Cup. What might have been can be judged from that horse's posthumous Eclipse Award, while Yakteen has more recently reiterated what he can do, from modest resources, with Cal-bred Horse of the Year Mucho Unusual (Mucho Macho Man).

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The horsemanship of Rodolphe Brisset, meanwhile, has already made a significant contribution to Baffert's Classic resumé, in laying the foundations for the Triple Crown campaign of Justify (Scat Daddy).

So while these four horses are hardly following Life Is Good (Into Mischief) to a big rival on the East Coast, we should respect whatever combination of principle and pragmatism has governed their departure from Baffert's barn. You (and he) can argue about the level of his culpability, in piling so many storm clouds over his community, but Baffert deserves its gratitude in at least stating that his own interests—even where coinciding with precepts as critical to the functioning of our society as fairness in the workplace and the courtroom—are transcended by those of the sport, his investors and their horses.

In claiming personal credit as the impetus for their transfer, then, Baffert definitely gets some here. After all, we've repeatedly urged that the real test of decency in this situation was faced by Baffert himself—and not the friends and patrons who found their good fortune, in having a Derby horse, haplessly turned into some kind of public examination of character or fidelity. All parties had to remember that these horses are only passing through their stewardship, and that many, many others have had a stake in breeding and raising them.

To that extent, in fact, one hopes that the grooms who have been tending these horses have been given the opportunity of sharing their loan to other trainers. But it's edifying, regardless, that their boss and his patrons have in effect acknowledged that the Derby is bigger even than Bob Baffert; and not persevered in a stance that implied things to be the other way round.

First and foremost, no doubt, that represents sound business. Certainly it feels way too much to hope that a similar breadth of perspective might now also prompt Baffert just to accept that it would be far better for everybody—perhaps even for his own sanity—to call off his lawyers, without having to cede an inch in terms of his grievances; to take his sanctions on the chin; and to reset.
As it is, he has already lost the services (and permanently, one imagines) of the G1 Dubai World Cup favorite; and must instead rely on a less theatrical but splendidly stubborn animal to draw the sting of Life Is Good.

Country Grammer (Tonalist) will be carrying the same silks as poor Medina Spirit (Protonico), who has posthumous representation in this field through two of his principal crop antagonists. For if it's the “Black Gold” beneath the surface that has effectively summoned Hot Rod Charlie (Oxbow) and Midnight Bourbon (Tiznow) to the desert, then you might say they are on pretty familiar ground. True, in helping to make the GII Louisiana Derby the strongest trial last year, they left undisturbed the status of the champion bearing that name, whose remains are interred in the Fair Grounds infield, as one of only two horses to win both that race and the Run for the Roses. Because Mandaloun (Into Mischief) gave no indication, that day at least, that he would be the one to benefit when Medina Spirit was effaced from the record.

The picturesque tale of Black Gold, named for the discovery of oil in Oklahoma, is much cherished among those who took local pride in the revival last year of the New Orleans road to Churchill. How poignant, then, is the loss this very week of the only other horse to do the double, Grindstone (Unbridled), just days after acceding (from Go For Gin) as the oldest living Derby winner.
That distinction has now passed to the 28-year-old Silver Charm (Silver Buck), as it happens in the same week that he was joined at Old Friends by his old rival Swain (Nashwan). Those two sure have a few memories to mull over together, notably the gray's photo-finish success in the 1998 Dubai World Cup.

In carving his name below that of Grindstone in the Derby roll of honor, Silver Charm represented something of a baton switch between Wayne Lukas and Baffert, albeit the senior of the two came back a couple of years later with his fourth winner in Charismatic (Summer Squall)—and could yet redeem this whole mess if Secret Oath (Arrogate) can become his fifth.

Incidentally, both Charismatic and Grindstone were out of mares by Drone, who as a son of Secretariat's sibling Sir Gaylord, duly magnified the Somethingroyal distaff brand. Somethingroyal's replication (twice) in the famous family of Summer Squall made Charismatic's failure at stud a dismal disappointment, though he was typical of the old-school priorities driving the Japanese investment that has ultimately produced 22 starters on the World Cup card.

There are never any guarantees with these animals, as we know. Black Gold's one and only foal was killed by lightning. On the other hand, the Derby trail is this spring celebrating the dynasty founded by Storm Cat, himself of course out of a Secretariat mare, through one of the final foals of Giant's Causeway and at least a couple of colts by Not This Time, including Louisiana Derby favorite Epicenter.

One of my more wearily familiar complaints is that the starting points system has stripped the sprint speed out of the first Saturday in May, and Epicenter certainly looks eligible to emulate Medina Spirit and several others to have lately controlled, pretty much at their leisure, what was previously just about the most extreme test of all for a maturing Thoroughbred. As we've discussed before, Epicenter has some copper-bottomed European stayers seeding his bottom line and somebody, somehow, is going to have to press him hard and long if he is to be softened up sufficiently for Call Me Midnight (Midnight Lute) to pounce late again.

Funnily enough, Call Me Midnight himself represents a very similar blend of American dirt speed and European grass stamina, his third dam Slightly Dangerous having produced an Epsom Derby winner among several other Classic protagonists. Someday, perhaps, people will notice how often this kind of formula, once standard but now sadly neglected, still pays off when given a chance.
In the meantime let's hope that the Louisiana Derby, in tribute to the passing of Grindstone, consolidates a revival also underlined by the return to the card, in an excellent race for the GII New Orleans Classic, of last year's fourth Proxy (Tapit).

Proxy! Now there's a word that nobody should be misusing over the coming weeks, as the Baffert exiles make a belated bid to get on the Derby trail. Why shouldn't Baffert and his supporters give an opportunity to people who are on his side, people he respects and wants to do well? It will be much easier to root for these horses, this way; and they know they will never win the cynics round anyway.

If not everybody is going to love the solution, that's tough. At least the Baffert team has resolved the impasse and, if only in one regard, finally started to move things on a little. And that deserves reciprocation. So let's give Yakteen and Brisset due respect. And—quaint, crazy notion—let's restore our attention, and that of the fans, from the flaws inevitable with any and all human judgement, our own included, and back onto these beautiful horses.

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Baffert, Zedan Escalate Appeals to Higher Kentucky Court

Trainer Bob Baffert and owner Amr Zedan filed motions with the Kentucky Court of Appeals on Thursday in an attempt to legally block a series of looming penalties related to the equine drug positive rulings of Medina Spirit in the 2021 GI Kentucky Derby.

The most severe of those sanctions is a 90-day suspension for Baffert that is set to start Apr. 4.

The Mar. 24 filing came barely 72 hours after a lower court rejected Baffert and Zedan's plea for a stay or temporary injunction that would have kept the suspension and a $7,500 fine for Baffert, plus the forfeiture of Zedan's purse winnings, from going into effect while the Kentucky Horse Racing Commission (KHRC) appeals process plays out.

The KHRC has a history of routinely granting stays while cases are under appeal, but it didn't in Baffert and Zedan's instance, which dates to now-deceased Medina Spirit's betamethasone positive in last year's Derby.

“Here, the KHRC has refused to follow standard procedure and stay the Stewards Rulings pending appeal,” court documents stated. “In fact, in its history, the KHRC has never denied a trainer's request to stay implementation of preliminary stewards penalties while those rulings are appealed. Never. Not once. Until now. This fact was recognized by the Franklin Circuit Court, but the Court erroneously refused to grant a stay… Absent a stay of the Stewards Rulings before April 4, 2022, the Plaintiffs will suffer immediate and irreparable harm.”

Separately on Thursday, Baffert publicly disclosed that four of his top Derby candidates are in the process of being transferred to other trainers so they can try and earn qualifying points and enter the Derby.

Even if Baffert prevails in this Court of Appeals attempt, he is still barred from having horses qualify for and run in the Derby based on a separate, private-party prohibition issued by the gaming corporation that owns Churchill Downs. But Baffert is also fighting that banishment in federal court and seeking a speedy ruling that could let him participate in the Derby while that litigation plays out.

Thursday's documents stated that the Franklin Circuit Court “abused its discretion in disregarding the immense and irreparable prejudice” to Baffert with regard to his pending suspension, offering four planks to that argument.

“First, the lower court failed to appreciate the purpose of the voluminous case precedent holding that missed professional sporting events are irreparable injuries for purposes

of temporary injective relief,” the documentation stated. “According to the Circuit Court, those cases are inapplicable because 'Baffert is not an athlete,' whose career is 'subject to a small window of eligibility or period of peak performance.'

“This is misguided even on the Court's own terms. Baffert is 69 years old; not unlike an ordinary professional athlete, Baffert's window of future opportunities is similarly limited…. There is no way to remediate Baffert's lost opportunity to participate in the prestigious races that define his reputation and the success of his career.”

The documentation continued: “Second, the lower court substantially erred in concluding that 'any harm that Baffert will suffer from not participating in the 2022 Triple Crown or other races during his suspension will result in monetary loss' and thus are not sufficiently irreparable injuries. [This mischaracterizes] the fact that money damages are typically completely quantifiable and thus, reflect adequate remedies on appeal…

“Baffert's income from racing is almost entirely linked to a horse's performance in a given race. There is simply no way to conclusively determine how his horses would have performed in the races taking place during his suspension. Missing out on the prestigious Triple Crown races (and many others) in 2022 is irreparable harm to a trainer like Baffert as the opportunity to compete in them can never be regained and the lost opportunity is not subject to remuneration,” the documentation stated.

The legal filings raised two other arguments related to the alleged abuse of discretion: That “the lower court similarly overlooks the extreme harm to Baffert's entire livelihood if [he is] forced to immediately serve the suspension,” and that the Circuit Court “abused its discretion in failing to recognize that forcing Baffert to immediately serve the suspension defeats the entire purpose of his appeal.”

The documentation summed up by alleging that “the Circuit Court misframed the issue and misunderstood the scope” of its own review.

“[Baffert and Zedan] are not, as the Circuit Court contended, attempting to 'force [the KHRC] to automatically issue stays.' Movants merely contend that when the KHRC departs from its universal practice; it must do so for valid reasons based on evidence on the record.

“In other words, the KHRC must apply the same standard that has been applied to every medication positive case to date,' the documentation stated.

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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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Baffert Stay Denied by Franklin County Judge

The Franklin (Ky) Circuit court has denied Bob Baffert and Amr Zedan a stay of the suspension handed down by the Kentucky Horse Racing Commission after Medina Spirit (Protonico) tested positive for betamethasone in the Kentucky Derby, ruling that the plaintiffs are not entitled to a temporary injunction.

The ruling was filed Monday afternoon by Judge Thomas Wingate, who wrote that Baffert met none of the requirements necessary for relief, and that it wasn't the job of the court to make the decision.

On February 21, 2022, nine months after the Derby, the KHRC stewards disqualified Medina Spirit and suspended Baffert for 90 days. Baffert and Medina Spirit's owner, Amr Zedan, appealed the ruling and petitioned KHRC Executive Director Marc Guilfoil for a stay. On Feb. 25, Guilfoil denied that request. On Feb. 28, Baffert and Zedan moved the KHRC for a stay. On March 17, in Franklin County Court, the plaintiffs and the KHRC presented their arguments.

“Under KRS 230.320(2)(f), the role of this Court's review is not to make an independent decision,” the document states. “By statute, Guilfoil was charged with determining whether good cause existed to issue the requested stays. Guilfoil provided the reasoning behind his decision to the Court on March 17, 2022, and the Court holds that Guilfoil did not act arbitrarily or abuse his discretion in denying Plaintiffs' requests for stays. Guilfoil cited the role of the KHRC, as crafted by the General Assembly, and Baffert's four (4) medication positives in the past 365 days”

The judge ruled that Baffert had not demonstrated irreparable injury which would be caused by the suspension, which he said was unlike the cases of other athletes presented by the plaintiffs. “Athletes have a finite period of eligibility or peak performance,” the ruling states, making the distinction between his horses, who could still compete, and himself, who could return to his coaching role after the suspension. “However, Baffert is not an athlete. He is a trainer, much more akin to a coach. Unlike certain athletes whose careers are subject to a small window of eligibility or period of peak performance, Baffert's career has spanned decades and will continue following this brief suspension.”

The judge said that the suspension would begin on April 4. “The Court understands the gravity of this ruling on Plaintiffs,” the document reads. “Accordingly, the Court will alleviate this impact by staying the implementation and enforcement of Stewards Rulings 21-0009 and 21-0010 until April 4, 2022. In the interim, Plaintiffs may seek emergency relief with the Kentucky Court of Appeals and take any necessary action to comply with the ramifications of the penalties imposed. However, absent relief from a reviewing court, the penalties imposed by Stewards Rulings 21-0009 and 21-0010 shall take effect on April 4, 2022.”

This story will be updated.

 

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