Judge O. Peter Sherwood, the retired New York Supreme Court justice who served as the hearing officer in NYRA's dispute with Bob Baffert, issued his report Wednesday, recommending that Baffert receive a two-year suspension.
The report has been sent to a three-person panel that has been convened to consider whether or not Baffert should be penalized by NYRA. Each side will have seven days to respond to the report. After the seven days, the panel will have 10 days to make a final decision.
The panel consists of attorney John Carusone Jr., New York Thoroughbred Horsemen's Association Executive Director Will Alempijevic and Humberto Chavez, who heads the New York Racetrack Chaplaincy of America program.
On May 17, NYRA suspended Baffert, but had to drop the ban when a federal judge ruled that NYRA could not take such steps without first holding a hearing for Baffert or for anyone else the racing organization sought to suspend. Because of its affiliation with the state of New York, NYRA, unlike privately owned tracks like Churchill Downs, does not necessarily have the right to ban someone without due process. Churchill's two-year ban of Baffert is currently in place.
The hearing commenced in January with NYRA attorney Henry Greenberg stating that Baffert had taken a “wrecking ball” to the sport's integrity because of his record of repeated drug violations. NYRA charged that during a 14-month span, Baffert-trained horses tested positive for prohibited medications seven times. The most high-profile offense occurred in the 2021 GI Kentucky Derby in which Medina Spirit (Protonico) tested positive for betamethasone.
In asking the hearing officer to recommend a suspension for Baffert, NYRA said that his conduct was detrimental to the best interests of racing, the health and safety of the horses and NYRA business operations.
NYRA released Sherwood's 54-page report Tuesday.
This story will be updated.
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