Baffert, Zedan Again Denied Relief in KY Court of Appeals

Two weeks after a Kentucky Court of Appeals judge denied trainer Bob Baffert and owner Amr Zedan an “emergency” stay in their fight against the penalties levied against them by the Kentucky Horse Racing Commission (KHRC) over Medina Spirit (Protonico)'s betamethasone positive in the 2021 GI Kentucky Derby, a separate three-judge panel denied a motion for interlocutory relief that will keep the case from proceeding any deeper in that same court.

The Apr. 15 ruling did, however, note that the judges' order was not a ruling on the merits of the arguments related to Baffert's 90-day suspension and $7,500 fine or Zedan's being stripped of both his Derby-winning status and Medina Spirit's share of the purse.

On Mar. 21, a Franklin Circuit Court judge initially denied the trainer and owner's request to force the KHRC to impose any sort of stay on those sanctions. Baffert and Zedan then decided to kick the Franklin court's denial up to the higher Court of Appeals on Mar. 24. When the appeals court judge ruled against the “emergency” request Apr. 1, Baffert and Zedan asked for further court intervention via requests for interlocutory relief and a chance to make oral arguments on their own behalf.

Separately, the KHRC had also filed to dismiss the entire proceeding, but that motion was also denied within the same three-judge ruling (which effectively stopped the case from going forward anyway with the denial of Baffert and Zedan's request for interlocutory relief).

“[T]he circuit court did not err in determining that the equities of the situation mitigate against injunctive relief,” the three-

judge order stated. “We echo the circuit court's assessment that 'it is imperative to ensure public confidence in the Commonwealth's signature industry'…

“[T]he penalties the Stewards assessed upon Baffert may ultimately be reversed [but] Baffert's interest in staying enforcement of the Stewards' Ruling does not necessarily trump the public interest in the integrity of Thoroughbred horse racing and the safety of the horses,” the Apr. 15 order continued.

Baffert is now two weeks into his 90-day suspension, which is being appealed at the KHRC level. Depending on timing, the suspension could very well run its course before that administrative process gets underway or even results in a decision.

The Hall-of-Fame trainer's legal team had previously argued in court filings that “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 three-judge Apr. 15 ruling dissected Baffert and Zedan's motions as follows:

“Neither Movants' motion for emergency relief, disposed of by this Court's April 1, 2022, Order, nor their motion for interlocutory relief, advances any specific argument as to 1) how or why Movant Zedan Racing Stables, Inc., will suffer irreparable harm from the circuit court's denial of a temporary injunction; or 2) what particular interim relief Zedan Racing Stables, Inc., seeks from this Court…

“In the April 1, 2022 Order, the Court pointed out that the motions, as they pertain to Zedan Racing Stables, Inc., are lacking in these respects…. Despite the Court's drawing attention to these omissions, Zedan Racing Stables, Inc., has not filed a motion for leave to supplement the motion for interlocutory relief, nor has Amr F. Zedan moved to intervene herein. In light of this failure to act, the Court denies the motion for…relief as it pertains to Zedan Racing Stables, Inc., and will consider the motion with respect to Baffert only.”

The order continued: “The circuit court's March 21, 2022, order addressed two separate claims made by Baffert [but] the statutory procedure under [Kentucky state law] is a complete and adequate remedy in itself, thus undermining any claim that Baffert could have properly sought a temporary injunction in the circuit court…

“This Court lacks a sufficiently developed record to assess Baffert's contentions of error,” the Apr. 15 order summed up. “Furthermore, because we have concluded the circuit court did not abuse its discretion in finding that Baffert failed to show he would suffer irreparable injury in the absence of injunctive relief, resolving the question whether Baffert has shown a substantial question on the merits is not necessary to our decision today.”

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Letter to the Editor: Jenine Sahadi

Since the FBI announced in 2020 that their years-long federal investigation into cheating allegations in horse racing had caught admitted “doper” Jorge Navarro, suspected “doper” Jason Servis and a host of other co-conspirators, the lines separating these criminals and most of the rest of the industry's participants with largely minor legal drug positives have been significantly blurred.

Fast forward to the 2021 Kentucky Derby, a full 14 months after Navarro and Servis were arrested and charged with federal conspiracy charges related to drugging of their horses, social media erupted with rumors that Medina Spirit had tested positive for a “banned substance.” The information leaked just days after his victory and seemingly before the colt's trainer, Bob Baffert, had been notified there was a post-race positive.

From that time until now, much of the information that has trickled out has come mostly from speculation or been based on half truths and information twisted to suit a negative agenda. Rarely have details involving Medina Spirit been based on fact. Factor in the press tour Bob Baffert went on defending himself and his position that nothing nefarious was in play–for better or worse–and the perfect storm had developed.

Baffert's record as a trainer–which by industry standards has been cleaner, safer and better than most–was attacked, twisted and manipulated. His personal life–especially his wife and children–came under an all-out assault and was subject to a sea of the most horrific hate imaginable. None of which had anything to do with a post-race positive of a legal therapeutic medication in the Kentucky Derby.

My history with Bob Baffert is well-documented and I haven't always been his biggest fan. However, I knew, in all likelihood, the people saying those things had never met the man. Strangers unconcerned by what it actually means to be a “doper” or “cheater” hurled those epithets as if they actually knew him not only as a person, but also as a trainer.

That said, my disdain for the behavior of his harshest critics is clear and I continue to have the same questions. What is the definition of a cheater? What does it mean?

In what has been one of the most bizarre scenes I've ever witnessed, racing media, political actors, paid social media trolls, disgruntled bettors, along with powerful horsemen's groups and others have perpetuated or fostered a false “Lance Armstrong” narrative about Baffert. They compare Medina Spirit's overage of a legal therapeutic medication to actual blood doping and cheating. I don't really understand why, though I have my suspicions, and for the life of me I cannot fathom how he became the worst thing about horse racing.

Perhaps if we define what a “cheater” or “doper” is, reckless and uninformed attacks on trainers would stop. Educating the media and public on what constitutes cheating versus what is an unintentional overage of a therapeutic medication might actually be a positive development for horse racing. Instead, the industry sits idly by as shows like Saturday Night Live call betamethasone, a medication the industry allows and regulates, to be portrayed as a performance enhancing anabolic steroid. There is never any industry pushback on false narratives.

We have heard from racing's leadership organizations and also from the federal government that untestable drugs may be in use daily. This may be true, although we have yet to see any proof of it up to this point. In the meantime, we have allowed anti-horse racing activists and those who want to end horse racing altogether to spew damaging lies and perpetuate false narratives. These extremists don't hold everyone to the same standards. In fact, some trainers with multiple significant violations seem to get a pass, while others are vilified.

What do I mean by not holding everyone to the same standards? For example, are multiple class 4C positives (e.g. betamethasone) as harmful as one Class 2 (e.g. metformin) positive? Is it a recency equation? If so, are multiple class 4C positives more harmful to both the horse and the image of racing in the public eye than one Class 2 positive? Are we certain that class 4C positives are

“masking” more powerful drugs like EPO, as some allege, and if that's the case, where is the science to support that? Where did this narrative originate? Even more confusing to me is why we even have classifications if we are going to lump all positives into the “doping” narrative? What purpose do the classifications serve, if not to protect the horse and integrity of the game in general?

For years, many of the industry's participants, including myself, have been begging the decision makers for uniform rules and penalties in all racing jurisdictions. This would certainly solve the double-standard issue. It is a daunting task for sure, but certainly one worth the effort from industry leaders–those actually in a position to be heard and effect change in the best interests of the industry. So why hasn't it happened? We have literally had decades to get our ducks in a row and those with the most strength, power, and influence have continued to bury their heads in the sand, or alternatively, added fuel to the fire that is swiftly burning down our industry.

That's not to say all leaders have ignored the issues.

In California, for example, horses are now routinely subject to the most exhaustive pre-race medication and soundness exams in the country. Out-of-competition and thorough testing has become standard and, in rare cases, trainers are being cited for drug overages in workout tests. Is there any other jurisdiction in the country that demands the same strict level of oversight and protocols that California does? If there is, I certainly don't know about it.

California doesn't get sufficient credit from the industry in this area. Critics appearing more concerned with field size than the safety of horses bang the loudest drum to drown out the state's accomplishments. We know equine safety can only help to grow field sizes, as well as, positive public perception. Again, racing industry leadership–or a lack thereof–has played a major role in getting us to this point.

Social media, mainstream and horse racing media, and “experts”, who harbor their own animosity for individuals and the industry, have taken us to a very dark place. Anonymous accounts on social media aim to destroy who and what they don't like. Anyone who presents a rational argument supported with facts is labeled an apologist or far worse. I personally know people who have received death threats. Others have been told they've had background checks run on them. Many have had profane slurs hurled at them. Some of these folks shouting the same vitriol every day are provided cover and support by leadership groups and members of the media who claim to be impartial and to want what's best for the industry. Attacks on owners, who have for decades lost their money with a smile on their face, have ramped up, as well. I will never be convinced this is a good strategy in the short or long run, yet here we are, with many passionate and well intentioned owners accused of being complicit criminals.  Interesting to note that the attackers usually have their own set of immoral behaviors that fly under the radar, but hypocrisy is in full view in 2022.

I don't know where this all ends, but I believe if we can't answer the simplest of questions, like what defines a cheater, or work to achieve uniform rules and regulations throughout the industry, then we are doomed. Change is needed, but we can't allow uninformed critics and activists, who would love nothing more than the collapse of racing to win.

The same standards need to be applied equally for all, in every jurisdiction, from coast to coast. In California, the lessons learned over the past few years have been plentiful. To the racing associations' credit they actually did something–many things–to help the horses and the industry as a whole. Meanwhile, virtually every other jurisdiction continues the status quo while hoping that the frenzy surrounding Bob Baffert will distract from their own breakdown rates and medication violations. Oddly enough, some states have almost no medication violations. Other states should learn from California's mistakes and implement the changes they made to move the industry in a positive direction for a change.

Bob Baffert isn't horse racing's problem, no matter how many times anonymous trolls armed with hatred and half-truths say so on Twitter. Cue the mob.

Sincerely,

Jenine Sahadi

Retired Trainer

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“No Grudges”: Zedan Returns to Ky Derby

Less than a year after an apparent win in the GI Kentucky Derby turned into a nightmare for Amr Zedan, the owner is set to return to Churchill Downs with a chance to wash the bad taste out of his mouth. A win by GI Runhappy Santa Anita Derby winner Taiba (Gun Runner) would be a redemptive one after his Medina Spirit (Protonico) was disqualified from the win in the 2021 Derby after testing positive for the substance betamethasone, which kicked off what has been a bitter fight waged by Zedan and trainer Bob Baffert on one side and Churchill Downs and the Kentucky Horse Racing Commission on the other.

But Zedan doesn't see it that way.

“I go into the Kentucky Derby with absolutely no ill feelings toward anyone,” Zedan said. “I carry no grudges. I just keep walking, keep going. The due process is in process and I firmly believe that when it comes to our case we will have a satisfactory ending to to the saga. Absolutely, there will be no sense of redemption or wanting to get even with anybody.”

Imagine, though, a scenario where Zedan accepts a trophy from his adversaries, like Churchill Downs Inc. CEO Bill Carstanjen. Zedan says that won't be a problem.

“I haven't sued Churchill Downs,” he said. “I have absolutely no ill feelings toward anybody. The racing commission made their decision, which I have the right to disagree with and, according to the law, I have the right to appeal. Right now we are in the appeals process. The most civilized thing to do when it comes to the dispute is to appeal to the right jurisdictions and that's what we are doing.”

As recently as the beginning of March it didn't appear that Zedan had a horse for this year's Derby. Taiba sold for $1.7 million as a 2-year-old at the 2021 Fasig-Tipton Gulfstream same, but had a few minor issues that prevented him from racing as a 2-year-old. Taiba didn't make his debut until March 5 when he ran away from his competitors to win a six-furlong Santa Anita maiden by 7 ½ lengths, earning a 103 Beyer figure.

After Taiba's debut, Baffert was forced to accept a 90-day suspension handed down by the Kentucky Racing Commission for the betamethasone positive and the colt was turned over to trainer Tim Yakteen

His debut was a promising performance, but conventional wisdom suggested that it was a matter of too little, too late when it came to the Derby. At least that's what Yakteen and Zedan's bloodstock advisor Gary Young told the owner. They were against running in the Santa Anita Derby.

“They wanted to wait things out and then target the Lexington,” Zedan said. “I had to overrule everybody. I told them that our entire program was built around trying to win the Kentucky Derby. I didn't want to go to bed at night knowing that we didn't give it our best chance. I thought we had to give him a shot. Sometimes talent compensates for experience and he showed that.”

It was a huge test, and one he passed with surprising ease.

Facing off against GII San Felipe S. winner Forbidden Kingdom (American Pharoah) and stablemate and GIII Robert B. Lewis S. winner Messier, Taiba appeared to have his hands full and was sent off at 4-1. With Mike Smith replacing John Velazquez, who stuck with Messier, Taiba got past Messier inside the final furlong and drew clear to win by 2 1/4 lengths.

“Considering everything, it was a real relief that we pulled this off,” Zedan said. “Everyone on the team was ecstatic.”

The Santa Anita Derby was far from an easy spot, but Zedan knows that the Kentucky Derby will be much tougher.

“There are so many more moving targets now,” he said. “You have the post position draw to worry about, the kickback, the traveling, a 20-horse field and not a five or six-horse field. I am managing expectations. We're up against tremendous competition. It is a good crop. There are three or four horses that come to mind that are very good horses, very fast horses and horses that stay. It is anyone's race.”

The Medina Spirit saga turned tragic in December when the horse died of an apparent heart attack after a workout at Santa Anita. For Zedan, the experience has been more bitter than sweet. But he came to understand that his best option was to simply move on.

“It's been a roller coaster ride over the last year,” he said. “In one year, I've seen all the ups and downs of the sport. It sounds cliche, but what doesn't break you makes you stronger.”

Of course, having a horse like Taiba makes the process easier. He will be attempting to become the first horse to win the Kentucky Derby in his third start since Leonatus did it way back in 1883. It won't be easy, but he has given Zedan what once seemed highly unlikely–a second chance.

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Baffert, Zedan’s Motion for Emergency Stay Denied

Bob Baffert and Zedan Racing Stables' motion to stay Bob Baffert's suspension has been denied in Kentucky's Court of Appeals. The decision was filed Friday afternoon and signed by Allison Jones, Acting Chief Judge.

In accordance with the California Horse Racing Board regulations, signage was being removed from his barn at Santa Anita on Friday afternoon, and his suspension is scheduled to start Monday, Apr. 4.

“Tthe motion for emergency relief under CR 65 07(6) is DENIED,” writes Jones in her opinion. “The Court emphasizes that it makes no determination of the merits of Baffert's contentions of error The underlying motions for interlocutory relief along with any additional, dispositive motions shall be assigned to a three-Judge panel of this Court following expiration of the response time prov1ded in the Civil Rules.”

“In his Amended Complaint,” the document says, “Baffert asserted two causes of action against the Racing Commission; (1) an appeal of the Racing Commission's ruling denying him a stay pursuant to KRS 230 320(2)(f), and (2) a claim for injunctive relief pursuant to CR 65 04. Having carefully reviewed the record in conjunction with the applicable statutes and regulations, the Court concludes that the statutory right to appeal to circuit court pursuant to KRS 230 320(2)(f) provides an adequate remedy at law, such that equitable forms of relief, including the requested 1 7 emergency stay, are presently unavailable. There can be no irreparable injury where, as here, the General Assembly has provided adequate administrative remedies.”

This story will be updated.

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