Sail By Upsets Miss Grillo With Stalking Trip

Sail By and Junior Alvarado bided their time in the Grade 2 Miss Grillo Stakes at Belmont Park on Oct. 2, stalking an early pacesetter to score the filly's first graded stakes victory. Sail By gave chase to Charlee O out of the gate, with the pair opening several lengths on the rest of the field before Sail By settled back behind her rival. Charlee O proved a stubborn foe, maintaining her early lead through the final turn of the 1 1/16 miles and digging in when Sail By came up to challenge. Sail By dug in and passed to the outside of Charlee O with a furlong to go and held off late kicks from Kinchen (IRE) and McKulick (GB), who finished second and third.

McKulick was the favorite at 2-5.

The final time for the 1 1/16 miles was 1:43.21. Fractional times were :23.59, :49.40, and 1:14.46.

Leah Gyarmati trains Sail By for owner/breeder Jeff Treadway. The filly came to the race off a third-place finish and front-running effort in the P.G. Johnson Stakes on Sept. 2 and a second in the Colleen Stakes before that.

Sail By is by Astern (AUS) and out of the Johar mare Fly By. She was bred in Kentucky.

Sail By paid $23.60, $8.70, and $3.00.

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Jockey Charles Roberts Making Stakes Debut In G1 Champagne

Charles Roberts, a 29-year-old New Jersey native, rode his first two races at Belmont Park last week, finishing sixth with London Gold last Friday and second aboard Madame Rose at odds of 36-1 in the Saturday nightcap.

Roberts, a newcomer to the NYRA jockey colony who is represented by agent David Grace, will ride his first career stakes race Saturday at Belmont, where he is named aboard Kavod in the Grade 1, $500,000 Champagne, a one-turn mile for juveniles.

Roberts got into racing through his uncle, a Monmouth Park patron who said he was the right size to become a jockey.

“My Uncle Bob would take me to Monmouth and Meadowlands as a kid. When I realized I was done growing, I decided to give it a shot,” Roberts said.

The rider said he studied for a time at Chris McCarron's North American Racing Academy in Kentucky before testing his talent at the track.

“I got my foot in the door with racing at the Academy and then I stayed in Lexington for a couple of years and galloped horses for Eric Reed and Kellyn Gorder. I would also freelance a bit at The Training Center in Lexington,” Roberts said.

Roberts started riding in June 2019 in Louisiana at Evangeline Downs and picked up his first win on July 6, 2019 aboard So Serious at Louisiana Downs. The up-and-coming rider said he knew right away that he wanted to be a jockey.

“I knew I liked it the first time I got on a horse,” Roberts said. “It was scary at first but also exciting.”

Roberts said he is looking forward to his first stakes experience Saturday aboard Kavod, who he breezed on September 25 through four furlongs in 48.19 on Big Sandy in company with 2-year-old colt Ready to March.

“I know there's some nice horses in the race but the way he worked, I have a lot of confidence in him,” Roberts said. “It doesn't even feel like real life. I haven't ridden a stakes race yet and now my first one is in a Grade 1 at Belmont.”

Roberts knows Saturday's assignment is a tall order with Kavod listed at 50-1 on the morning line, but he said he will ride to win.

“I know he likes the rail and hopefully he'll make a run,” Roberts said. “After working him, I really liked what I felt so I have a lot of confidence. I know he likes the surface here, so that will help.”

Heading into Friday's card, Roberts [115 pounds] sports a record of 618-56-65-75, including wins at Evangeline, Louisiana Downs, Delta Downs, Oaklawn Park, Arlington Park, and most recently at Hawthorne.

“I constantly try to better myself,” Roberts said. “Every race I ride, I look back at the replay and consider what I could have done better. I also watch the guys here who are already great and try to emulate them.”

Roberts has worked horses for a number of barns since arriving in New York, including for veteran New York trainer Carlos Martin.

“He's a young rider and comes with a good reputation. His agent is a good friend of ours that used to work for us many years ago,” Martin said. “He's been working horses for us the last week to 10 days since he arrived and he's just got a real good way about him. He's quiet on the horses and they seem to respond to him.

“He's stepping up to the big leagues but I think he deserves the opportunity,” Martin added. “We have him on a filly this Sunday [Positive Skew, Race 7] and he's working another one that he'll ride. He's an exciting young rider. It's a tough meet and one of the toughest jockey colonies in the world, but all he needs is an opportunity. I think he can ride, there's no question in my mind.”

Grace, who has previously represented Channing Hill and Mike Luzzi, said Roberts is willing to work hard to make the most of his opportunities.

“He's well-spoken and rides a good race,” Grace said. “This is a tough race tomorrow but anything can happen in a horse race.”

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Baffert Again Argues That NYRA Can’t Proceed With Efforts to Suspend Him

The matter of whether or not the New York Racing Association should be held in contempt and whether it can go ahead with a hearing that could lead to the suspension of Bob Baffert landed once again Friday on the desk of Judge Carol Bagley Amon.

The latest twist in the Baffert-NYRA saga began last week when Baffert's attorneys charged that NYRA should be held in contempt because of its announced plans to afford Baffert a hearing. The two sides have been at odds over the interpretation of a July 14 ruling from Amon, which blocked NYRA's plans to immediately exclude Baffert from its tracks. The Baffert team contends that Amon's ruling forbade NYRA from, at this point in time, taking any disciplinary actions against the trainer and called the proposed hearing a “sham.” NYRA has argued that it has been fully compliant with the order all along and should be permitted to go ahead with the hearing. The latest filing from NYRA read: “Plaintiff moves to hold NYRA in contempt for providing Plaintiff exactly what he argued he was entitled to in support of his motion for a preliminary injunction–notice and an opportunity to be heard.”

On Friday, Baffert's attorney Craig Robertson sent Amon a letter requesting permission for Baffert to file a Reply Memorandum that challenged NYRA's latest legal maneuver and reiterated reasons why the court should hold NYRA in contempt and issue a stay that would prevent NYRA from going forward with the hearing, now scheduled to begin Oct. 11.

The Reply Memorandum outlined the following arguments, most of which have appeared in previous court filings.

(*) NYRA should be held in contempt for violating the Injunction Order.

“The Injunction Order is clear, unambiguous, and directly prohibits NYRA from suspending Baffert,” the filing reads. “NYRA is simply inventing imagined ambiguities where they do not exist to excuse its own bad faith effort to circumvent the Injunction Order.”

(*) NYRA's new rules, procedures and charges are inconsistent with due process.

“Baffert has already defeated NYRA in court when it sought to unilaterally and unlawfully suspend him,” the filing reads. “It now seeks to do the very same thing all over again with vague and highly subjective charges. The idea that he will receive, through the retroactive application of newly created rules and procedures, a fair adjudication from a body intent on punishing him, is laughable.”

(*) NYRA should be sanctioned.

“Finally, NYRA argues that it should be excused from the consequences of its overt attempt to circumvent the Injunction Order,” the filing reads. “However, civil contempt sanctions are necessary to 'coerce future compliance and to remedy past compliance.' NYRA is a sophisticated entity with a long history of litigation. It is painfully obvious that its failure to abide by the Injunction Order is no accident. Sanctions and fees are necessary in this case to make it clear to NYRA that the Court will not tolerate its actions.”

The Baffert team again requested that its client be reimbursed for his legal fees.

The United States District Court for the Eastern District of New York has a hearing date set for Oct. 5 on Baffert's motion to hold NYRA in contempt and to issue a stay regarding possible suspension proceedings.

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NYRA: New Procedures Are ‘Exactly’ What Baffert Asked For, Hearing Pushed To Oct. 11

Last week, Hall of Famer Bob Baffert's attorneys filed a letter with U.S. District Judge Carol Bagley Amon requesting she hold the New York Racing Association in contempt for scheduling a hearing. NYRA fired back at Baffert in court on Wednesday, reports the Thoroughbred Daily News, arguing that the new hearing procedures are exactly what the trainer argued he was entitled to when filing his lawsuit.

NYRA notified Baffert ahead of the Belmont Stakes that it was suspending his ability to enter horses in races or have stall space at its racetracks due to his recent history of medication violations (five over a one-year period), the conflicting statements he provided to media around the Medina Spirit scandal, and Churchill Downs' suspension of the trainer.

Judge Amon of the Eastern District of New York determined that NYRA's suspension of Baffert should not have taken place without some sort of hearing allowing him to address the organization's accusations against him. Although NYRA was asserting its private property rights in the case, Amon said the organization is closely entwined enough with the state that its suspension of Baffert constituted a state action, thereby requiring due process.

NYRA issued a statement of charges against Baffert and fellow trainer Marcus Vitali on Sept. 10, and scheduled a hearing for Baffert to begin on Sept. 27. However, that hearing was delayed until Oct. 11 as Baffert's attorney requested additional time. The trainer will not be participating on that date, because the first hearing will be about scheduling future dates and deadlines.

The Sept. 29 filing by NYRA reads: “Plaintiff moves to hold NYRA in contempt for providing Plaintiff exactly what he argued he was entitled to in support of his motion for a preliminary injunction–notice and an opportunity to be heard.

“Plaintiff incorrectly asserts that the Notice of Hearing, Hearing Rules and Procedures, and Statement of Charges demonstrate that, 'NYRA's conduct is simply a repackaged version of the same action already enjoined. What the Hearing Rules and Procedures and Statement of Charges actually show is a substantially different process that is now in place, which was not afforded in connection with the May 17 suspension that the Court enjoined.”

“Plaintiff's speculation that NYRA created its Hearing Rules and Procedures to target him is incorrect,” the filing continued. “The Hearing Rules and Procedures are of general applicability and are designed to afford the process this Court deemed necessary in its Order.”

Read more at the Thoroughbred Daily News.

An archive of stories about Baffe

Additional stories about Baffert's Kentucky Derby positive and ensuing legal battles can be found here.

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