peter sherwood | Horse Racing Free Tips

Baffert Fails in Latest Attempt to Block NYRA Hearing

After having failed back in October to get a federal judge to block the New York Racing Association (NYRA) from moving forward with a Jan. 24 hearing that could once again bar him from NYRA tracks, trainer Bob Baffert asked the hearing officer who will preside over the case to either recuse himself and/or dismiss the proceeding entirely because NYRA “self-created” the hearing process when it didn't have the authority to do so.

On Wednesday, hearing officer O. Peter Sherwood said no to both motions.

So starting Monday, at what is expected to be a multi-day hearing, Baffert must answer to a three-count complaint filed against him by NYRA in the form of a “statement of charges.”

Those three counts correspond to Baffert's alleged conduct that is or has been “detrimental” to three entities: 1) The best interests of racing”; 2) The health and safety of horses and jockeys; 3) NYRA business operations.

Separately, NYRA is defending itself in a federal lawsuit initiated by the Hall of Fame trainer with the well-publicized history of equine drug positives over whether or not NYRA violated Baffert's constitutional rights by trying to ban him outright without any type of hearing back on May 17.

NYRA currently has an active motion to dismiss that complaint, but no ruling has yet been issued by the judge, who heard arguments from both sides Jan. 6. That dismissal motion is not directly related to the Jan. 24 non-court hearing Baffert sought to avoid.

“Baffert argues that I must recuse myself because: (i) he supposes, without any evidence whatsoever, that I may have some pecuniary interest in the outcome of this proceeding; and (ii) that I have somehow demonstrated that I have pre-judged the merits of the hearing,” Sherwood wrote in a Jan. 19 ruling. “Both assertions are false. Recusal is not only unwarranted, but acceding to the demands would impair to the efficient administration of justice.”

Baffert had taken umbrage with the fact that NYRA had chosen the rules of the hearing, the charges within it, and the person who would adjudicate it.

Baffert's legal team had argued via the Jan. 12 recusal motion that Sherwood “has refused to disclose the complete and true extent of his relationship with NYRA” and that “Sherwood was chosen after a secret process within NYRA.”

That same filing also stated that, “Baffert's competitors, some of whom raced directly against him in the [GI] Kentucky Derby have their hands all over this 'proceeding.'”

Despite that allegation, Baffert's filing did not state any specific names of owners or trainers whom he believed might be conspiring against him by attempting to influence the hearing.

NYRA had barred Baffert back 16 days after the now-deceased Medina Spirit won the May 1 Derby while testing positive for an overage of betamethasone. In the 12 months prior to that positive, four other Baffert trainees had also tested positive for medication overages, two of them in Grade I stakes.

On July 14, the United States District Court (Eastern District of New York) granted Baffert a preliminary injunction that allowed him to race at New York's top-tier tracks pending the resolution of his overall case.

While that ruling allowed Baffert to start horses at Saratoga Race Course, Belmont Park and Aqueduct Racetrack, NYRA additionally took the judge's order to mean the association could move forward with drafting new procedures for holding hearings that could suspend licensees who engage in injurious conduct.

After those rules were made public, NYRA, on Sept. 10, wrote a letter summoning Baffert to appear at just such a hearing, presenting him with the statement of charges.

On Sept. 22, Baffert filed a motion asking a federal judge to hold NYRA in civil contempt for trying to schedule any sort of hearing that could once again bar him from participating at NYRA's tracks. He claimed NYRA's move to initiate that sort of hearing was in violation of the preliminary injunction.

But on Oct. 5, a federal judge dismissed Baffert's “contempt” allegations, underscoring that NYRA could, in fact, move forward with its newly created hearing process because it was entirely separate from NYRA's original May 17 attempt at banishing Baffert.

The post Baffert Fails in Latest Attempt to Block NYRA Hearing appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

NYRA Adds To Baffert Files: Trainer Said ‘Someone’ Gave Bute To His Horses, Would Offer Reward To Solve Case

The New York Racing Association, which will present its case to exclude trainer Bob Baffert at a Jan. 24 disciplinary hearing, added to its “statement of charges” against the Hall of Fame horseman, referencing two additional medication violations in California in 2019, along with an investigator's report citing “25 different kinds of medications not properly labeled and expired” found in an unlocked medicine cabinet during an August 2019 search of Baffert's barn at Del Mar by the California Horse Racing Board.

NYRA, quoting from a CHRB Report of Investigation, said Baffert reacted to the two 2019 violations – both for overages of the non-steroidal anti-inflammatory phenylbutazone – by saying “he thinks someone is intentionally giving Bute to his horses and mentioned that he would be offering a reward to help solve the case.”

It isn't known if anyone ever received a reward.

The two overages for Bute in California in 2019 are in addition to five medication violations for Baffert runners in three states between May 2, 2020, and May 1, 2021. Those violations included lidocaine positives for Charlatan and Gamine at Oaklawn in Arkansas on May 2, 2020, Charlatan in the G1 Arkansas Derby and Gamine in an allowance race. Both horses were disqualified, according to a stewards rulings, but the Arkansas Racing Commission reinstated their victories and merely fined Baffert. On July 25, 2021, Merneith tested positive at Del Mar for dextrorphan, and Baffert was fined $2,500. Gamine tested positive for a second time in 2020, this time for the corticosteroid betamethasone, after finishing third in the G1 Kentucky Oaks on Sept. 4. She was disqualified and Baffert fined $1,500.

The fifth failed drug test came on May 1, 2021, when Medina Spirit tested positive for betamethasone after finishing first in the G1 Kentucky Derby. The case has yet to be heard by Kentucky stewards, though Baffert's attorneys have said the positive test resulted from an ointment used to treat a skin rash and not from an injection of the drug.

The two Bute overages in 2019 were found days apart at Del Mar in Cruel Intention, who finished third on July 27, and Eclair, who finished fourth on Aug. 3.

A statement from NYRA said: “NYRA has amended its Statement of Charges issued against Bob Baffert to reflect additional facts, conclusions and details based on NYRA's ongoing investigation of Mr. Baffert's conduct. The NYRA Hearing Rules and Procedures provide a formalized mechanism for a respondent to reply to charges and to participate in a hearing in accordance with due process rights. The hearing for Mr. Baffert is scheduled to begin on January 24, 2022.

“A designated hearing officer will ensure the proceedings are fairly and impartially conducted in accordance with NYRA's Hearing Rules and Procedures. Following the proceeding, the hearing officer will issue a report containing findings of fact, conclusions of law, and a recommended disposition.”

The amended Statement of Charges also cites “public statements made by Mr. Baffert and others regarding Mr. Baffert's claimed retention of a veterinarian (which did not occur) to ensure against future violations, and the implementation of rule changes by Churchill Downs with respect to the qualifying point structure for the Kentucky Oaks and Kentucky Derby.”

Churchill Downs Inc. has excluded Baffert from stabling or racing at any of its facilities, including Churchill Downs in Louisville, Ky. The exclusion runs through the end of the 2023 spring meet at Churchill Downs. In addition, Baffert-trained horses are not eligible to win qualifying points in designated Road to the Kentucky Derby prep races.

NYRA attempted to ban Baffert shortly after he was excluded by Churchill Downs, but Baffert sued in federal court, saying he was denied due process. A judge ruled in his favor and NYRA established rules for the subsequent disciplinary hearing.

O. Peter Sherwood, a retired New York State Supreme Court justice, will serve as hearing officer in the Baffert matter.

The post NYRA Adds To Baffert Files: Trainer Said ‘Someone’ Gave Bute To His Horses, Would Offer Reward To Solve Case appeared first on Horse Racing News | Paulick Report.

Source of original post

NYRA: Bob Baffert’s Hearing Scheduled To Begin Jan. 24

The official hearing for Bob Baffert's potential suspension from New York Racing Association tracks will begin on Jan. 24, reports the Daily Racing Form. That date was decided during Monday's initial meeting between NYRA and Baffert's attorneys, which was presided over by O. Peter Sherwood, the retired New York State Supreme Court justice serving as a NYRA-appointed hearing officer.

NYRA issued a statement of charges against Baffert and fellow trainer Marcus Vitali on Sept. 10, and initially 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. Baffert was not expected to participate during Monday's meeting, because it was convened only to schedule future dates and deadlines.

NYRA had 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 Carol Bagley 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.

The upcoming hearing process, laid out by NYRA in it's official statement on Sept. 10, is not expected to be brief. The hearing may last several days, and Sherwood is not required to issue his post-hearing report with recommendations within a specific period of time.

Once that report has been issued, a panel will review it and issue a final decision within 10 days.