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1/ST Issues Statement on Baffert Suspension

Officials at 1/ST, the consumer-facing brand of The Stronach Group–parent company of a portfolio of several California racetracks and/or training facilities–have issued a statement in the aftermath of the 90-day suspension handed down to trainer Bob Baffert.

The statement, in its entirety, reads: “The California Horse Racing Board announced on Saturday, Apr. 2 that “[trainer Bob Baffert is now suspended pursuant to CHRB Rule 1484].” California has thus reciprocated the suspension against Bob Baffert imposed by the Kentucky Racing Commission, which will begin on Apr. 4, 2022. Because of the CHRB's ruling, any trainer on the grounds at Santa Anita Park, Golden Gate Fields, San Luis Rey Downs or Los Alamitos Race Course who may be the transferee of horses from the Baffert barn will be required to apply for stalls for those horses from the Santa Anita or Golden Gate Fields racing offices, as applicable, for review and approval. A Change of Trainer form will also be required to be submitted in order to enter races following such transfer. Horses that are not transferred to a trainer in California will be required to leave the grounds prior to Apr. 4.

“Because the suspension is over 60 days, under the CHRB rules, during the term of the suspension, Mr. Baffert will be banned from all enclosures under the jurisdiction of the CHRB and Mr. Baffert shall not be permitted to be involved in the training of horses who have previously been under his care. Any trainer who may apply for stalls in anticipation of a transfer will be required to comply fully with any applicable restrictions.

“The CHRB rules require Baffert to vacate his barn at Santa Anita Park prior to the start of the suspension on Apr. 4, along with removing all signage, colors and training equipment belonging to the trainer. The closing day of Santa Anita's winter-spring season is June 19, 2022. The 90-day suspension from the KHRC concludes the following week.”

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Turf Paradise Trainer Suspended For 180 Days

Following an incident in which a 1-20 shot he trained and owned was pulled up and eased shortly after the start of a March 10 maiden claimer at Turf Paradise, stewards at that track have hit trainer Juan Silva with a 180-day suspension and a $2,625 fine. The stewards have forwarded the ruling to the Director of the Arizona Department of Racing with a recommendation that further action be taken “up to and including revocation of Silva's license.”

Silva was charged with “conducting business in a manner detrimental to the best interests of horse racing in Arizona.”

After the horse Juror (Tapit) finished third in a maiden optional claimer with a purse of $23,800, Silva dropped the horse into a $3,500 maiden claimer 37 days later. Shortly after the gates opened, jockey Fausto Da Silva pulled the horse up. On Mar. 17, Da Silva was suspended 30 days for “conduct detrimental to racing.” In the Da Silva matter, the stewards ruled that the jockey should have brought the horse to the track vet to be examined before the race.

Juror, who was claimed out of the race by Eliska Kubinova for owners Gary and Deborah Lusk and D. J. Saddler, was vanned off the racetrack. Turf Paradise does not have a voided claim rule.

According to a ruling released Wednesday, the stewards believe Silva entered Juror knowing the horse was sore and unfit to race. The stewards took into consideration statements made by Da Silva, a track vet referred to as Dr. Butler and a state vet referred to as Dr. Gale. In addition, the stewards allege that Silva perjured himself during his hearing by giving false statements under oath. All horses currently owned or trained by Silva will be denied entry until they are sold or transferred to another trainer.

According to the ruling, the stewards also took into account Silva's “history of multiple rule violations.” The website thoroughbredrulings.com lists 22 rulings against Silva dating back to 2005. In a 2008 ruling, his license was revoked for “being of not good repute or moral character.” He did not start any horses between 2008 and 2014.

Silva has 450 career wins from 2,349 starters and was 13-for-99 at the current meet at Turf Paradise. He was the leading trainer at the 2019-2020 meet at Turf Paradise with 79 wins.

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More Confusion Added to Baffert Appeal Process

With the clock ticking toward the Apr. 4 deadline for trainer Bob Baffert's looming 90-day suspension, a Kentucky Court of Appeals judge now wants to figure out whether the original venue chosen for legal action last month by the owner and trainer of disqualified 2021 GI Kentucky Derby winner Medina Spirit constitutes the correct county-level court. Dick Downey of the Blood-Horse first reported on the judge's order requesting briefs from the movants (Baffert and Zedan) and the respondent (the KHRC) covering just that single issue to be filed with the court by Tuesday.

Because of overlapping uses of the term “appeal,” it has grown difficult to keep track of the status of what has now escalated to Baffert and owner Amr Zedan's intertwined administrative and legal cases against the Kentucky Horse Racing Commission (KHRC).

At the commission level, Baffert and Zedan have already appealed the KHRC's penalties (the suspension and a $7,500 fine for Baffert, plus the forfeiture of Zedan's purse winnings from the Derby) that were handed down Feb. 21 in the wake of now-deceased Medina Spirit's betamethasone positive in last year's Derby.

But when a routine request to stay those penalties (pending the outcome of the commission-level appeal) was denied by the KHRC Feb. 25, Baffert and Zedan took the matter to Franklin Circuit Court Feb. 28.

A Franklin Circuit Court judge Mar. 21 rejected Baffert and Zedan's plea for a stay or temporary injunction to keep the penalties from going into effect, so the trainer and owner bumped up their request to the next legal level, the Court of Appeals, Mar. 24.

On Mar. 25, the Court of Appeals judge raised the out-of-the-blue issue of whether the underlying Franklin Court appeal originated in the correct venue in the first place.

As Downey reported, the question drills down to: Should the case have originally been heard in Jefferson County (specifically Louisville, where the Derby itself is run), Fayette County (Lexington, where the KHRC's offices are headquartered), or Franklin County (Frankfort, where the Kentucky Public Protection Cabinet, the KHRC's parent organization, is housed)?

Even if Baffert prevails in this Court of Appeals attempt, he is still barred from having horses qualify for and run in the Derby based on a separate, private-party prohibition issued by the gaming corporation that owns Churchill Downs.

But Baffert is also fighting that banishment in federal court even while contingently transferring his Derby contenders to other trainers so they can try and earn qualifying points and enter the Derby.

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Suspension Is Up, But Parx Won’t Let Sanchez Ride

Mychel Sanchez's 60-day suspension for betting against himself is about to end, but that doesn't mean the jockey will be back in action any time soon. After being suspended for 60 days by the Pennsylvania Racing Commission, Sanchez is eligible to ride Tuesday, but Parx management did not allow trainers to name him on horses on Wednesday when entries were taken for next Tuesday's card.

“We tried to name him on horses for Tuesday after his suspension ends and they would not accept anyone naming him on a horse,” said Sanchez's attorney Alan Pincus.

Pincus added that he was not given any indication as to how long the ban from Parx would be in place.

Joe Wilson, Parx's chief operating officer, did not return a phone call Wednesday seeking comment and clarification.

Sanchez's status in Maryland is up in the air. After it was reported that Sanchez had placed bets against himself, The Stronach Group (TSG), which operates Laurel, announced that it would not allow Sanchez to ride at its tracks. Aidan Butler, TSG's chief operating answer, said via text that a final decision on Sanchez's status has yet to be reached. The first day Sanchez could possibly ride at Laurel is Mar. 25.

“No decision has been made yet,” Butler wrote. “I want my management to speak to him before any decision is made. It's a pretty serious deal.”

Sanchez was suspended in January after it was discovered that his recent betting activity, which included wagers of as much as $6,000 a race, included, during a brief period that started last December, at least six instances in which he bet on a horse going up against his own mount. The bets were placed in races at Parx and at Laurel and the racing commissions in both states suspended him for 60 days and ordered him to seek counseling for a gambling problem. The suspensions ran concurrently.

Ordinarily, a jockey would likely receive a suspension of well more than two months if caught betting against himself. But Pincus successfully argued that Sanchez was not trying to fix races and instead went on a gambling spree as a means to deal with his depression.

Pincus said that under Pennsylvania rules anyone barred at a track is entitled to a hearing, which he has requested.

“Obviously, Mychel is disappointed,” he said. “We went before two sets of impartial stewards [at Parx and at Laurel] who decided the penalty should be a total of two months. We trust their judgment. They are the only ones who have heard the actual facts of the case. We are eager to be able to explain the situation to the commission.”

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