Baffert’s Attorneys File Letter Protesting Planned NYRA Hearing

Attorneys for embattled trainer Bob Baffert have filed a letter with U.S. District Judge Carol Bagley Amon, notifying the court they intend to file a motion to hold NYRA in contempt and stay the racing organization's planned hearings.

NYRA had temporarily banned Baffert ahead of this year's Belmont Stakes, citing his recent history of medication violations and conflicting public statements around the betamethasone overage in Medina Spirit, the reigning Kentucky Derby winner. The organization informed Baffert of its decision in May, triggering a civil suit from Baffert in the Eastern District of New York. Baffert won a motion for preliminary injunction against the racing organization after Amon ruled in July that NYRA could not rule him off without a hearing allowing him to address the organization's accusations against him.

Read more about that decision here.

On Sept. 10, NYRA released a statement of charges against Baffert and fellow trainer Marcus Vitali, along with dates for preliminary hearings to deal with scheduling and logistics for formal hearings into whether they should be denied privileges at the organization's tracks. Those preliminary hearing dates had been scheduled for next week. Baffert's preliminary hearing has since been pushed back to Oct. 11 — a date which all parties have agreed to, according to NYRA.

In a letter filed on Baffert's behalf, attorney Craig Robertson claims that NYRA's announcement it intended to proceed with a hearing is in “direct contravention” of the court's order, since the organization did not appeal the judge's ruling on the motion for preliminary injunction. NYRA's list of charges against Baffert released two weeks ago is nearly identical to the reasons it gave for banning him earlier this year.

“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,” Robertson wrote.

Further, Robertson said “The Court made it clear to NYRA in oral argument that it was 'too late' to try to give Baffert an after-the-fact hearing to fix its errors … NYRA cannot turn around and attempt to reissue the same suspension based on the same factual allegations — as it has explicitly stated it aims to do — when this Court has enjoined that very conduct.

“There is nothing new which has transpired since NYRA was enjoined. 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 has raced several horses at the recent Saratoga meet without incident.”

NYRA issued the following statement via a spokesman soon after news broke of the coming filing:

“Contrary to the assertion filed in court today, Mr. Baffert is not currently under suspension at any NYRA racetrack. In fact, Mr. Baffert is free to stable horses and enter races at all NYRA facilities, just as he has been for the past two months,” said Pat McKenna, senior director of communications for NYRA.

“NYRA is not seeking to 'enforce' the May 17, 2021 letter temporarily suspending him. 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.”

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Transfer of Claimed Horse in NY Results in Penalties for Potts, Chichakly

The claim and subsequent transfer of a horse within the prohibited 30-day time frame mandated by the New York State Gaming Commission (NYSGC) has resulted in a 30-day suspension and $2,000 fine for trainer Wayne Potts and a $2,000 fine without suspension for trainer Amira Chichakly.

DRF.com's Dave Grening first reported the story Monday. His story quoted Potts as explaining that he had ownership clients wanting to claim a horse out of the second race at Saratoga Race Course Aug. 4, but that Potts told them he couldn't because he had already made a commitment to another owner who wanted to claim a different horse out of the same race.

Since a trainer is only allowed to make one claim per race in New York, Potts said he gave the clients Chichakly's contact information. According to the DRF story, Chichakly agreed to try and make the claim and was able to buy Mach One by dropping a $20,000 slip for owners Frank Catapano and Nicholas Primpas.

Three days later, that horse was transferred from Chichakly to Potts. Potts told DRF there had been an owners' misunderstanding about not being able to transfer a claimed horse within 30 days. Chichakly said in the same story “she was unaware that she was claiming the horse with the idea it was going to be moved to another trainer.”

Chichakly has appealed the fine and has been granted a stay until the matter is fully adjudicated.

According to the NYSGC ruling, Potts waived his right to appeal, and in exchange, 10 days of his suspension will be stayed providing he has no violations of the same “restricted transfer” rule within the next year. His 20-day banishment runs Sept. 30 through Oct. 19.

The post Transfer of Claimed Horse in NY Results in Penalties for Potts, Chichakly appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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All-Stakes Cross Country Pick 5 Features Racing From Belmont, Churchill, Woodbine

The New York Racing Association Inc. (NYRA) will host an all-stakes Cross Country Pick 5 on Saturday featuring action from Belmont Park, Churchill Downs and Woodbine Racetrack.

Free Equibase past performances for the Cross Country Pick 5 sequence are now available for download at https://www.nyra.com/belmont/racing/cross-country-wagers.

Saturday's sequence will kick off with a pair of Turf Triple series events from Belmont beginning with the $700,000 Jockey Club Oaks Invitational in Race 9 at 5:14 p.m.

The Jockey Club Oaks, a 1 3/8-mile inner turf test for sophomore fillies, features European invaders Creative Flair and Harajuku taking on five American-based contenders led by the Chad Brown-trained duo of Higher Truth and Shantisara.

The $1 million Jockey Club Derby Invitational [Race 10, 5:45 p.m.] for sophomores at 12 furlongs, features Grade 1-winner Bolshoi Ballet, who captured the Grade 1 Belmont Derby here for trainer Aidan O'Brien in July.

Providing steep opposition in the “Win and You're In” qualifier to the Grade 1, $4 million Longines Turf in November at Del Mar are recent Group 2-winner Yibir, a Godolphin homebred trained by Charlie Appleby; and Belmont Derby runner-up Tokyo Gold conditioned by Satoshi Kobayashi for owner-breeder Teruya Yoshida.

The middle leg will feature the Grade 1, $1 million Woodbine Mile [Race 10, 6:12 p.m.], contested at one turn on the E. P. Taylor Turf Course and featuring a trio of runners from Hall of Fame trainer Mark Casse in March to the Arch, Olympic Runner and Ride a Comet. The Brown-trained Raging Bull, who was placed third in the 2019 Woodbine Mile, will look to add a fourth Grade 1 win to his ledger. The winner will receive a “Win and You're In” berth to the Grade 1 Breeders' Cup Mile.

The sequence will conclude with a pair of 1 1/16-mile Grade 3 events for 2-year-olds from the evening card at Churchill Downs both offering “Win and You're In” berths to the Breeders' Cup in November at Del Mar led by the Pocahontas for juvenile fillies in Race 8 at 9:39 p.m.

A talented field includes James McIngvale's Joyrunner, a Gun Runner chestnut, who is perfect in two starts at Indiana Grand for trainer Laura Wohlers. Hidden Connection, condition by Bret Calhoun, garnered a field-best 84 Beyer Speed Figure in a 7 1/2-length debut romp sprinting 5 1/2-furlongs at Colonial Downs, while the Norm Casse-trained Ontheonesandtwos will look to make amends following an off-the-board effort in the Grade 2 Adirondack at Saratoga.

Hall of Fame trainer Steve Asmussen will saddle a pair of top juveniles in Stellar Tap and Guntown in the Iroquois [Race 9, 10:11 p.m.] to conclude the sequence.

Stellar Tap, a $250,000 Keeneland September Yearling Sale purchase by Tapit, romped by 5 1/4-lengths on debut sprinting seven furlongs on August 7 at Saratoga. Guntown, by Gun Runner and purchased for $750,000 at the Keeneland September Yearling Sale, graduated at second asking in a one-mile maiden special weight at Ellis Park.

The improving Roger McQueen, by Unified, was a last out winner of the Runhappy Ellis Park Juvenile for trainer Larry Rivelli, garnering a 70 Beyer in the seven-furlong sprint. Roger McQueen was a $530,000 purchase at the OBS March Sale of 2-Year-Olds in Training. Hall of Fame trainer Todd Pletcher will saddle $420,000 Keeneland September Yearling Sale purchase Major General, a dark bay son of Constitution, for his stakes debut following a first-out win sprinting 6 1/2-furlongs in August at the Spa.

The minimum bet for the multi-track, multi-race wager is 50 cents. Wagering on the Cross Country Pick 5 is also available on ADW platforms and at simulcast facilities across the country. Every week will feature a mandatory payout of the net pool.

The Cross Country Pick 5 will continue each Saturday throughout the year. For more information, visit NYRABets.com.

Cross Country Pick 5 – Saturday, September 18:
Leg A: Belmont Park-Race 9, Jockey Club Oaks (5:14 p.m.)
Leg B: Belmont Park- Race 10, Jockey Club Derby (5:45 p.m.)
Leg C: Woodbine -Race 10, G1 Woodbine Mile (6:12 p.m.)
Leg D: Churchill -Race 8, G3 Pocahontas (9:39 p.m.)
Leg E: Churchill-Race 9, G3 Iroquois (10:11 p.m.)

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Clement To Saddle Strong Duo In Friday’s Allied Forces Stakes

Trainer Christophe Clement will saddle Big Everest and Swashbuckle for their stakes debuts in Friday's $100,000 Allied Forces, a six-furlong Widener turf sprint for sophomores at Belmont Park.

Owned by Reeves Thoroughbred Racing, Steven Rocco and William Branch, the British-bred Big Everest garnered an 81 Beyer Speed Figure for a last-out maiden special weight score on July 23 traveling one-mile on the Saratoga Race Course turf.

With returning rider Joel Rosario up, the bay son of The Gurkha rallied from seventh to notch a 3 1/4-length score over firm going. Out of the graded-stakes placed Whywhywhy mare Long Face, Big Everest was purchased for $322,413 at the 2020 Goffs Arqana Breeze Up Sale.

“He was quite impressive when he broke his maiden,” said Clement assistant Christophe Lorieul. “He came off the pace and showed a great turn of foot. It might be a bit short for him but we hope that he can settle and make one big run.”

Jump Sucker Stable homebred Swashbuckle, a New York-bred son of Quality Road, graduated at first asking in October traveling 1 1/16-miles on the Belmont turf in a state-bred maiden event.

The dark bay colt won his seasonal debut sprinting seven furlongs against older state-bred allowance company in May on the Belmont turf, registering a career-best 80 Beyer. He followed with a close sixth, defeated less than three lengths, in a state-bred optional claimer traveling six furlongs on June 13 at Belmont.

Out of the multiple graded-stakes placed Rock of Gibraltar mare Sea Coast, Swashbuckle enters from a closing fourth in a 5 1/2-furlong state-bred optional-claimer contested over yielding Saratoga turf on July 21.

“According to the numbers, he fits right in there as well,” Lorieul said. “He's doing great and we're just keeping it short with him.”

Big Everest will exit post 6 under Rosario, while Eric Cancel retains the mount aboard Swashbuckle from post 8.

Sonata Stable's Arzak, one of two entrants for trainer Michael Trombetta, arrives from a nose score over Allied Forces-rival Smokin' Jay in the six-furlong Tom Ridge contested on the Presque Isle Downs synthetic on August 2.

The Not This Time bay, purchased for $575,000 at the OBS Spring Sale of 2-Year-Olds in Training, boasts a record of 5-1-1-1 over the turf, including an optional-claiming win in January at Tampa Bay Downs and stakes placings in the one-mile James W. Murphy [second] in May at Pimlico and the 5 1/2-furlong My Frenchman [third] over yielding Monmouth Park turf in July.

Ironhorse Racing Stable and Tami Bobo's Momos, trained though his first seven starts by Clement, will make his first outing for Trombetta. The Distorted Humor chestnut, runner-up in the My Frenchman two starts back, enters from a fourth in the Mahony at 5 1/2-furlongs on the Saratoga turf on August 11.

Momos was multiple graded stakes placed as a 2-year-old, finishing third in both the Grade 2 Saratoga Special on dirt and the Grade 3 Futurity on the Belmont turf ahead of a seventh in the Grade 2 Breeders' Cup Juvenile Turf Sprint in November at Keeneland.

Irad Ortiz Jr. will guide Arzak from post 3, while Momos will emerge from post 2 under Hall of Famer John Velazquez.

West Point Thoroughbreds and Marvin Delfiner's Jaxon Traveler has banked a field-best $390,210 while racing primarily on dirt for Hall of Fame trainer Steve Asmussen.

The dark bay son of Munnings captured the Bachelor sprinting six furlongs over dirt at Oaklawn Park in April ahead of a second in the six-furlong Grade 3 Chick Lang in May on the Pimlico main track.

The versatile colt finished second in the six-furlong Woodstock in June over Tapeta at Woodbine Racetrack ahead of a strong third in the Grade 3 Quick Call in July sprinting 5 1/2-furlongs over good Saratoga turf.

The $140,000 OBS Spring Sale of 2-Year-Olds in Training purchase enters from a three-length win in the Star De Naskra at six furlongs on the Pimlico main track on August 21.

Jose Ortiz will pilot Jaxon Traveler from post 7.

Rounding out the field are multiple stakes placed Three Two Zone [post 4, Kendrick Carmouche]; stakes-placed Smokin' Jay [post 5, Luis Saez]; and maiden winner Ranger Fox [post 1, Javier Castellano].

The Allied Forces is slated as Race 7 on Friday's nine-race card, which also features the $100,000 Christiecat at six furlongs on turf for sophomore fillies in Race 8. First post is 1 p.m. Eastern.

Admission for the Belmont fall meet is available for just $5. Buy online at Ticketmaster.com or at the gate. Group hospitality seating in the West Wing and Top of the Stretch can be purchased by calling the NYRA box office at 844-NYRA-TIX. Box Seats can be purchased by emailing boxseats@nyrainc.com or calling 718-296-5172.

The Belmont Room will be open every Saturday and Sunday for dining reservations. Reserve your spot today at nyra.com/belmont/visit/dining.

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