Medina Spirit to Scratch from PA Derby

Medina Spirit (Protonico), the 2-1 morning-line favorite for Saturday's GI Pennsylvania Derby, will not be making the trip to Parx this weekend.

Hall of Fame trainer Bob Baffert said Tuesday that the GI Kentucky Derby winner will remain in California and instead run in the GI Awesome Again S. against older horses at Santa Anita Oct. 2.

“I want to do what is best for the horse,” Baffert said. “I don't like the way he drew.”

Medina Spirit was assigned post position nine in the Pennsylvania Derby.

Medina Spirit, third as the favorite in the GI Preakness S., won Del Mar's Shared Belief S. Aug. 29.

“I was really looking forward to it,” Baffert said. “It's a great race with him in there, but it's something I have to do. I feel that part of my success is knowing when to run. This is a management call of mine.”

Baffert also said that Private Mission (Into Mischief), a runaway winner of the GIII Torrey Pines S., will bypass Saturday's GI Cotillion S. and instead point to the GII Zenyatta S. at Santa Anita Oct. 3.

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Post Position Leads Baffert To Scratch Medina Spirit From Pennsylvania Derby

Medina Spirit has been withdrawn from Saturday's Grade 1 Pennsylvania Derby at Parx Racing, owing to his outside post position, trainer Bob Baffert told the Albany Times Union's Tim Wilkin on Tuesday.

The son of Protonico drew the ninth post in a 10-horse field.

Baffert will also scratch Grade 3 winner Private Mission from the G1 Cotillion Stakes on the same card, and point her toward the G2 Zenyatta Stakes at Santa Anita Park on Oct. 3.

“I don't like to put them on a plane unless I feel real good about it,” Baffert told Wilkin. “Medina looks good, I just don't like the way the race was setting up. I feel part of my success is knowing when to run and doing what's right for the horse.”

The Pennsylvania Derby would have been Medina Spirit's second race back from a summer layoff, following a win in the Shared Belief Stakes at Del Mar on Aug. 29. Prior to his three-month break, Medina Spirit won the Kentucky Derby from the #8 post, then finished third in the Preakness Stakes.

Baffert said Medina Spirit would be redirected to face older competition in the G1 Awesome Again Stakes at Santa Anita on Oct. 2. If he performs well in the prep race, he will be pointed toward the Breeders' Cup.

Medina Spirit was installed as the 2-to-1 morning line favorite for the Pennsylvania Derby. In his absence, favoritism will likely fall on Hot Rod Charlie, a multiple classic-placed Grade 2 winner who most recently finished first in the Grade 1 Haskell Stakes at Monmouth Park, but was disqualified to last for his role in unseating the rider from Midnight Bourbon, who he will face again on Saturday at Parx.

 

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Baffert Legal Team May File Contempt Motion Against NYRA

A lawyer representing trainer Bob Baffert has notified the judge handling Baffert's legal dispute with the New York Racing Association that he intends to file a motion to hold NYRA in contempt and will also seek a stay that would prevent NYRA from taking any immediate action that could lead to Baffert being suspended.

Those intentions were part of a letter sent Tuesday by Baffert attorney Craig Robertson to Judge Carol Bagley Amon, Senior United States District Judge of the United States District Court for the Eastern District of New York. Robertson asked for a pre-motion conference to go over what are the latest developments in the Baffert-NYRA case.

After it was revealed that the Baffert-trained Medina Sprit (Protonico) tested positive for the substance betamethasone following the GI Kentucky Derby, NYRA announced on May 17 plans to temporarily suspend the Hall of Fame trainer. Baffert fought back and was granted a preliminary injunction by Amon, who ruled that Baffert's right to due process had been violated because NYRA took the action without giving him a hearing. That allowed Baffert to enter horses at Saratoga, but did not end his legal ordeal with NYRA.

On Sept. 10, NYRA announced that it had scheduled a hearing for Baffert, who, NYRA contended, has engaged in conduct detrimental to the best interest of the sport. The hearing is now scheduled to begin Oct. 11 and O. Peter Sherwood, a retired New York State Supreme Court Justice, is scheduled to serve as the hearing officer.

Robertson's argument revolves around the July 14 decision from Amon, which he writes, meant that NYRA cannot go forward until the case before Amon is fully adjudicated.

“On July 14, 2021, this Court entered an Order enjoining NYRA from enforcing its suspension,” Robertson wrote. “The Court directed that NYRA was enjoined 'pending the final hearing and determination of this action.' NYRA did not appeal the Court's ruling.”

Robertson wrote that the scheduling of a hearing was in “direct contravention” of Amon's July 4 ruling.
“…on Sept. 10, 2021, NYRA sent Baffert another letter stating that it was instituting renewed proceedings to impose the exact same suspension which was enjoined,” Robertson wrote. “The reasons set forth in NYRA's Sept. 10 letter for why it wants to suspend Baffert are the exact same ones set forth in its May 17 letter. The only thing different is that it appears that NYRA has concocted some procedures–apparently just for this case–in an attempt to retroactively install legitimacy to its blatantly unlawful actions. These 'procedures' did not exist until NYRA created them out of whole cloth two months after the Court refused to allow it to arbitrarily suspend Baffert…”

NYRA spokesperson Pat McKenna maintained that all actions taken by NYRA have been in compliance of Amon's July 14 ruling.

“NYRA is not seeking to 'enforce' the May 17, 2021 letter temporarily suspending (Baffert),” he said. “That letter is no longer in effect and NYRA does not now or in the future intend to enforce or otherwise invoke that letter as the basis for any action taken against Mr. Baffert. The current NYRA hearing proceeding was independently commenced pursuant to NYRA's common law and regulatory authority to exclude licensees, subject to the requirements of due process, and in full compliance with the U.S. District Court's order and memorandum, dated July 14, 2021, in Bob Baffert v. The New York Racing Association, Inc.”

Robertson cites NYRA's recent actions as the reason why it should be held in contempt. He wrote that the Sept. 10 letter sent to Baffert notifying him that a hearing had been scheduled was “clear and convincing evidence of noncompliance with the Court's Order.”

“In reality, the only difference between the original suspension letter (which has now been enjoined) and NYRA's latest suspension letter is the date on the letterhead,” Robertson wrote. “Until this litigation is concluded, NYRA cannot move forward with attempting to enforce a suspension against Baffert that is identical to the one which has been enjoined. NYRA should be found in contempt of this Court's injunction Order and NYRA's renewed effort to suspend Baffert should be stayed.”

After getting the stay, Baffert had six starts at Saratoga with one win. The victory came with Gamine (Into Mischief) in the GI Ballerina S. That Baffert competed in Saratoga without incident is, Robertson wrote, still another reason why NYRA should not be looking to suspend him at this time.

“There is nothing new which has transpired since NYRA was enjoined,” he wrote. “No new facts, no new allegations. If anything, the facts have moved more solidly in Baffert's favor and toward maintaining the status quo as Baffert raced several horses at the recent Saratoga meet without incident.”

According to the letter, Baffert has a final draft of his motion filed and will submit it if NYRA continues to move forward with efforts to suspend the trainer.

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Trio Of ‘Heavyweights’ Among 10-Strong Lineup For Saturday’s Pennsylvania Derby

Three of the top contenders in Saturday's $1 million, Grade 1 Pennsylvania Derby at Parx Racing will be able to keep an eye on each other.

Hot Rod Charlie, Midnight Bourbon and Medina Spirit will line up side-by-side-by-side when the gates open for the 1 1/8 mile race, the centerpiece of the 13-race card.

Road Runner Racing, William Strauss, Boat Racing and Gainesway Stables' Hot Rod Charlie was assigned post position seven at the Monday afternoon draw, which attracted 10 3-year-olds. Winchell Thoroughbreds' Midnight Bourbon is right next door in post position eight and Zedan Racing Stables' Medina Spirit drew the nine.

Those are the top three choices on the Pennsylvania Derby morning line. Medina Spirit, who is trained by Hall of Famer Bob Baffert and will be ridden by Hall of Fame jockey John Velazquez, is the 2-1 morning line favorite and is coming off a win in the $100,000 Shared Belief at Del Mar on Aug. 29. Earlier this year, the son of Protonico won the Kentucky Derby and was third in the Preakness.

“They have all the heavyweights right next to each other,” Baffert said. “Once they draw, we don't worry about it. The break is important no matter what post they have.”

Hot Rod Charlie, the 5-2 second choice on the morning line, crossed the finish line first in the Grade I, $1 million Haskell at Monmouth in his last start on July 17, but was disqualified and placed last after Midnight Bourbon clipped heels with him.

“It's a lucky number. I like seven,” Hot Rod Charlie's trainer Doug O'Neill said about his post. “With a mile and an eighth race on a mile track like that, there is probably not real bad post. No matter where we are, everyone just wants to get in those doors and get a good, clean break.”

Midnight Bourbon is third on the morning line at 5-1. He is trained by Hall of Famer Steve Asmussen and will be ridden by Ricardo Santana Jr. When last seen Midnight Bourbon finished second in the Grade I, $1 million Travers at Saratoga, beaten by a neck by Essential Quality, the leader of the 3-year-old division

Keepmeinmind, owned by Cypress Creek Equine, Arnold Bennewith and Spendthrift Farm LLC, will be coming to Parx after running against Essential Quality twice at Saratoga. He was second to him in the Grade II, $600,000 Jim Dandy on July 31 and fourth in the Travers. Trained by Robertino Diodoro and ridden by Joel Rosario, Keepmeinmind will be looking for his second career win in his 12th start. He is 8-1 on the morning line.

Four horses are coming into the race with morning line odds of 12-1: Calumet Farm's Bourbonic, third in the Grade III, $500,000 West Virginia Derby in his last start, Juddmonte Farm's Fulsome, winner of the Grade III Smarty Jones at Parx on Aug. 24, Godolphin LLC's Speaker's Corner, an allowance winner at Saratoga in his first start of 2021 at Saratoga on Aug. 14 and Chiefswood Stables Limited's Weyburn, fourth in the Jim Dandy when last seen.

The other two horses in the field are WinStar Farms and China Horse Club Inc's Americanrevolution, winner of three straight races against New York-breds, including the $250,000 Albany Stakes on Saratoga on Aug. 27 and the locally based I Am Redeemed, owned by Lawrence A. Rebbecchi Jr. He has won three of four career starts at Parx.

Here is the Pennsylvania Derby field, in post-position order, with trainer, jockey and morning line odds: 1. Fulsome, Brad Cox, Florent Geroux, 12-1; 2. Keepmeinmind, Robertino Diodoro, Joel Rosario, 8-1; 3. Speaker's Corner, Bill Mott, Jose Ortiz, 12-1; 4. Weyburn, Jimmy Jerkens, Paco Lopez, 12-1; 5. I Am Redeemed, Penny Pearce, Abner Adorno, 20-1; 6. Bourbonic, Todd Pletcher, Kendrick Carmouche, 12-1; 7. Hot Rod Charlie, Doug O'Neill, Flavien Prat, 5-2; 8. Midnight Bourbon, Steve Asmussen, Ricardo Santana Jr., 5-1; 9. Medina Spirit, Bob Baffert, John Velazquez, 2-1; 10. Americanrevolution, Todd Pletcher, Luis Saez, 15-1.

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