Baffert Loses Bid To Have NYRA Hearing Stayed

Embattled Hall of Fame trainer Bob Baffert was unsuccessful in his bid to push back a hearing scheduled by the New York Racing Association about whether he should be prevented from racing there. U.S. District Judge Carol Bagley Amon ruled in a hearing on Oct. 5 that Baffert could not hold NYRA in civil contempt and delay the administrative hearing, which has been scheduled for Oct. 11.

“We are gratified by the court's decision allowing NYRA to move forward with its administrative hearing against Bob Baffert,” said Pat McKenna, senior director of communications for NYRA. “The court found that NYRA's actions were consistent with both the letter and spirit of the July 14 order. NYRA's focus in this matter is protecting the integrity of the sport of thoroughbred racing in accordance with the requirements of due process.”

Baffert had prevailed in a previous motion in a civil suit against the racing association, which informed him on May 17 that it was suspending his privileges to enter or stable at its racetracks in the wake of the uproar over a positive drug test from Kentucky Derby victor Medina Spirit. Judge Amon ruled in July that NYRA could not suspend a trainer without a hearing, and that not holding one violated Baffert's rights to due process.

NYRA subsequently drafted rules and procedures for hearings it could use to determine whether it would revoke a trainer's stabling or entry privileges at its tracks and informed Baffert and fellow trainer Marcus Vitali it was moving forward with plans to hold administrative hearings into their cases. Both had been scheduled for pre-evidentiary hearings in late September. Baffert then claimed that NYRA had constructed its hearing procedures just for him, and that the association's intent to proceed with protocol to eject him was a “direct contravention” of the court's order.

According to reporting from the Thoroughbred Daily News, Judge Amon made clear during oral arguments on Oct. 5 that her previous ruling had applied to NYRA's attempt to suspend Baffert without a hearing, but did nothing to preclude the organization from holding a hearing.

After Judge Amon's ruling in July, Baffert was once again permitted to enter horses at NYRA racetracks, and has done so, sending stakes runners to the Saratoga meet over the summer.

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Letruska Makes Easy Work Of Five-Furlong Breeze At Keeneland

“Bueno,” reported exercise rider Felipe Jacobo.

“She did it very easy,” added trainer Fausto Gutierrez.

In a nutshell, that summed up the 5-furlong work in :59 over a fast track Saturday morning for St. George Stable's homebred Letruska, the top-rated mare in North America.

Working on her own at just after 9 a.m. following the morning's second renovation break, Letruska posted fractions of :22.60, :35.40, :46.80, :59 and out 6 furlongs in 1:11 in her final preparations for next Sunday's $500,000 Juddmonte Spinster (G1). The work was the best of 55 at the distance.

For Letruska, this morning's move was her second local work since winning the Personal Ensign (G1) at Saratoga Aug. 28. Last Saturday, Letruska worked a best-of-76 half-mile in :47.40.

In addition to Letruska, several other horses pointing toward Fall Stars Weekend stakes put in main track works headed by Michael McLoughlin's Kevin's Folly, who covered 5 furlongs in :59.40 in company under Edgar Morales for trainer Tom Amoss. Kevin's Folly, third in the Hopeful (G1) in his most recent start, is headed to the $500,000 Claiborne Breeders' Futurity (G1) next Saturday.

Also working for Amoss was Jerry Caroom's Pipeline Girl (5 furlongs in :59.80) in preparation for Friday's opening-day $400,000 Darley Alcibiades (G1).

Ranlo Investment's Golden Pal, winner of last fall's Breeders' Cup Juvenile Turf (G2), worked 5 furlongs in 1:01 over a firm turf course in company with Indian Summer (L) Presented by Keeneland Select hopeful Averly Jane (1:01.80) in preparation for next Saturday's $200,000 Woodford (G2) Presented by TVG. Averly Jane is owned by Hat Creek Racing.

Golden Pal and Averly Jane were two of five turf workers for trainer Wesley Ward, whose contingent included Indian Summer hopeful Kaufymaker (5 furlongs in 1:02) and multiple Group 1 winner Campanelle (IRE) (5 furlongs in 1:02). Kaufymaker races for Gregory Kaufman. Stonestreet Stables own Campanelle.

Other turf works of note included George Sharp's Front Run the Fed (4 furlongs in :50.80) and Clipper Logistics' Space Traveller (GB) (4 furlongs in :50.40) for the $750,000 Keeneland Turf Mile (G1); Apogee Racing's Abscond (5 furlongs in 1:02) for the $400,000 First Lady (G1) Presented by UK HealthCare; and Phoenix Thoroughbred's Tiz the Bomb (4 furlongs in :49) for the $200,000 Castle & Key Bourbon (G2).

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Churchill Downs Excludes Broberg After Track Says He Failed To Properly Care For Injured Horse

Churchill Downs has revoked stalls from trainer Karl Broberg and banned him from the entry box at its parent company's racetracks after an incident involving a voided claim. Broberg owns and trains 5-year-old gelding Rockandahardplace, who contested the second race on Churchill's Sept. 18 card.

The Kentucky track released the following statement to the Paulick Report on Sept. 24:

On the night of Sept. 18, Karl Broberg's Rockandahardplace finished sixth of seven in a $10,000 claiming race at Churchill Downs. A claim for the 5-year-old gelding was voided after the race by rule when the horse was declared lame by a KHRC veterinarian at the test barn. The horse was returned to his stall by a paid hotwalker, but a subsequent investigation revealed that there was no responsible representative of the trainer on-site to make veterinary decisions or to take appropriate steps to protect the welfare of the injured horse. As a result of Karl Broberg's failure to properly care for the horse, Churchill Downs Incorporated has indefinitely revoked his stalling and entry privileges at all Churchill Downs Incorporated properties effective immediately.

“Churchill Downs and the horse racing industry is committed to improving accountability when it comes to horse safety and racing integrity. We place the highest priority on the health, welfare and safety of our equine and human athletes, and we expect the same from people who race and train at any of our facilities.

“Rockandahardplace did receive basic veterinary care on the night of Sept. 18. The following day, the horse was transported from Churchill Downs to a private farm for long-term care.”

Rockandahardplace has a record of six wins from 40 starts, with one win from 12 starts so far in 2021. Prior to the Sept. 18 race, the gelding had started Sept. 9 in an allowance contest at Remington Park, where he finished third.

For his part, Broberg disputes Churchill's assertion that he did not have proper care available to the horse.

“I am obviously appalled by the insinuation through the CD press release that Rockandahardplace was improperly cared for,” Broberg told Paulick Report publisher Ray Paulick via email. “Rockandahardplace was evaluated and treated with bute and banamine following the race by a licensed veterinarian at our request. He was correctly diagnosed as having a medial sesamoid fracture which x-rays confirmed the following morning. He was sent to a farm the following morning to recover and we can happily report aside from the injury he is in perfect health.

“We have kept the steward's office at Churchill apprised of his well-being.”

Broberg said that Churchill officials seemed focused on the fact the horse's injured leg was not wrapped or placed in a cast overnight after the race, but said wrapping wouldn't have been effective for a suspected sesamoid fracture. The horse was left in the Churchill receiving barn because he was too sore to step onto the trailer to make the trip back to the training center. He said the gelding is now at a facility in Bedford, Ky., and is sedated on stall rest under the care of a veterinarian. He expects Rockandahardplace will need at least six months off, and will then be evaluated for a return to racing or a start of a new career.

The trainer told the Paulick Report he was surprised CDI had taken this action against him and insisted there must be more to the story than the incident with Rockandahardplace. It's true, he said, that he did not keep his stalls at Churchill's training facility full and that he had been interested in claiming horses there. He also pointed out that Kentucky stewards had initially made contact with him and suggested they were conducting their own investigation into whether his actions constituted animal cruelty; he has since been informed by the stewards that they are satisfied and do not plan on issuing any ruling in the case.

“I don't understand how this has become what it currently is,” he said. “It just makes no sense to me whatsoever … they still haven't asked me any of the questions they should have asked. They didn't even get my side.

“Meanwhile they have [Marcus] Vitali at Presque Isle like nothing's wrong in the world. It just doesn't make sense to me … there has to be more to this.”

Broberg said he believes he's usually top ten in starters at the Fair Grounds meet, and plans to fight any attempt to ban him from the entry box there.

Broberg has been ranked first or second in North American trainer standings by wins each year since 2013, and has amassed 4,119 victories from 17,091 starts since he began training in 2009. His business model depends on keeping strings of horses in multiple states and relies heavily on claiming races. He is currently ranked ninth in North America by earnings and second by wins.

Broberg has also been a controversial figure at times, having been excluded from Remington Park in 2013 after The Jockey Club suspended privileges from him for having four medication violations in close succession. Broberg fought the Remington ban in court and was ultimately allowed back, but saw his stalls revoked again in 2020. More recently, the trainer spoke out about testing issues in Louisiana, where the state's laboratory detected found three drugs, including a Class 1 substance, in a post-race sample from one of his horses. Split sample testing was negative for all three substances.

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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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