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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Uncle Mo Colt Sets Furlong Mark at Gulfstream Breeze Show

HALLANDALE BEACH, FL – The under-tack show for the Fasig-Tipton Gulfstream Sale of Selected 2-Year-Olds in Training was held under picture-perfect blue skies and temperatures in the 70s Monday in South Florida.

“I thought the under-tack show went exceptionally well,” Fasig-Tipton President Boyd Browning said at the conclusion of Monday's fourth and final set of works. “The conditions were very consistent for all the horses, from start to finish. There were some very impressive works, both visually and time-wise. It looked like the horses were moving very well over the racetrack.”

A colt by Uncle Mo (hip 96) turned in the day's fastest furlong work–and fastest ever in the seven-year history of the Gulfstream auction–when covering the distance in :9 3/5. The juvenile is out of Brusquer (Elusive Quality), who is a half-sister to Tapit, and is consigned by Ciaran Dunne's Wavertree Stables.

“We knew the horse was going to go really well,” Dunne said of the work. “All of the stars had to align for him to go really good and hit the wire just right. But if ever a horse had a chance to do it, it was probably going to be him. He is a big, beautiful horse and he's advertised himself as a pretty special horse all year.”

Hip 96 was bred by Barouche Stud and was purchased privately by Dunne after he RNA'd for $385,000 at last year's Keeneland September sale.

“We liked everything about him,” Dunne said of the yearling's appeal. “He is a stunning horse physically. He is not the most effusive of walkers, which is why we own him. With his pedigree and the way he stands up, if he was a big, long-walking horse, we wouldn't have gotten near him. When people buy in September, they have 30 seconds to make their minds up and they are looking for reasons for no. Whereas, in Book 1, we look for reasons for yes. We make an excuse here or there and he had enough pluses to outweigh the one negative, which was his walk. He still can't walk. But luckily enough, today they didn't time him walking up there.”

Wavertree had a powerful showing at last year's Gulfstream sale, selling two of the three million-dollar offerings, including the $2.6-million topper.

“We had a really good sale last year,” Dunne said with a smile. “I think it's a really good group this year. When you have a really large number like we have, there are always going to be disappointments on breeze day. But overall, we were happy. There were one or two we thought might have gone a jump quicker than they did, but they are big, two-turn horses who are bred to go long. That's what people are coming here for. They want big, two-turn horses. The Uncle Mo is that kind of horse and he still went that fast, but for the most part, two-turn horses don't have that kind of speed. I think here they see through that a little bit. So for me, that's the beauty of being here.”

A pair of juveniles shared Monday's second-fastest furlong time of :9 4/5. First to hit that mark was a colt by City of Light (hip 100) consigned by Top Line Sales (video) and the time was matched just minutes later by a colt by Nyquist (hip 62) from the Classic Bloodstock consignment (video).

Eight juveniles worked a quarter-mile Monday, with all but one of them coming from Tom McCrocklin's consignment. A filly from the first crop of Bolt d'Oro (hip 48) was just the second to work Monday and earned the day's bullet when working in :20 2/5. The juvenile, out of Rich Love (Not For Love), is consigned by McCrocklin on behalf of Solana Beach Sales.

McCrocklin purchased the filly on behalf of Solana Beach for $85,000 at last year's Keeneland September sale, but she was a horse that the operation was well aware of beforehand. The pinhooking division of Little Red Feather purchased Rich Love, with the Bolt d'Oro filly in utero, for $70,000 at the 2020 Keeneland January sale and, as part of a foal share agreement, sold her as a weanling for $80,000 at that year's Keeneland November sale.

“We did a broodmare pinhooking partnership,” explained Solana Beach's Billy Koch. “And [Rich Love] was part of that group. It was funny because I remember being at the yearling sale and Tom said, 'I really like this filly.' I said, 'I think that's the filly we sold.' And he said, 'Yeah. And we're going to buy her back.'”

Koch continued, “Tom really gets all the credit and he's been high on her right from the start.”

Of the filly's bullet breeze, which was another fastest-ever time for the Gulfstream sale, Koch added, “Truthfully, Tom has been so high on her that we had such high expectations and she even exceeded those. He has been saying that she is a very special filly. Every time she breezes, we get a text, 'This is real serious.' So expectations were high, so it was not a surprise, but it was a surprise just how awesome it was.”

Bolt d'Oro got off to a huge start at the 2-year-old sales with the OBS March sale two weeks ago where his offerings were led by a $900,000 colt.

“Bolt d'Oro was really popular and sold well,” Koch said. “His horses are good–he's stamping them and they are fast and athletic and strong. They have all the attributes you want in a good racehorse. This filly, you can look at her now and it doesn't even look like she did anything. And she has a great mind.”

Hip 48 will be the only Gulfstream offering from Solana Beach, but Koch may be active on the other side of the leger.

“We came down here to sell and maybe do a little buying,” he said. “We are going to enjoy the next couple of days and hopefully the right people will be around and she'll get it done. It's all her and Tom. We're just along for the ride.”

The juvenile sales season opened with a competitive market at the OBS March sale and expectations are for those results to continue at Gulfstream Wednesday.

“I think it will be a very strong market,” Browning said. “But every 2-year-old sale that I've ever attended has been selective where you have to get through several of the hurdles. They have to have a solid enough work in terms of time, they have to have the video and they have to get through the X-ray process. Overall, I think there is a lot of interest and a lot of enthusiasm for quality horses. There was very good attendance here today amongst the buying bench. So I think it will be a very, very solid and competitive sale, particularly for what are perceived to be the quality offerings. For those horses that miss, it will be tough for them to bring the prices that the consignors are going to be happy with to let them go at this point because they still have options.”

Dunne agreed demand would be high for the right offerings.

“I think that on a dirt surface that they have some history on, I think the buyers can sort out the wheat from the chaff,” Dunne said. “And I think if you have a good horse here, you're going to  be rewarded. And if you just miss, it will be no different than any other year. You'll miss by a lot.”

From a catalogue of just 103 juveniles, 32 horses were already withdrawn from the auction Monday evening. Several high-profile consignors are missing from the slimmed down catalogue, leading Dunne to quip, “I guess they just didn't have anything good enough to come here with.”

Asked about the long-term viability of the Gulfstream sale, Browning said, “Right now our focus is to do the very best job we can for the men and women who are here with horses in the sale. Our goal is to have the best 2-year-old sale we've ever had on Wednesday. And we are going to do everything in our power to make that happen. That's our focus. You adjust and evaluate your sales plans every year, but right now our focus is on the exceptional horses that we have on the sales grounds here.”

After a day of showing Tuesday, the Fasig-Tipton Gulfstream sale will be held Wednesday in the track's paddock with bidding scheduled to begin at 2 p.m.

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NY Racetrack Chaplaincy Breaks Ground on Multi-Purpose Building

The New York Race Track Chaplaincy of America, created in 1986, held a groundbreaking ceremony Mar. 28 for a multi-purpose building and chapel on the grounds of Belmont Park in Elmont, N.Y.

The 3,500-square foot facility (which Chaplaincy officials hope will open this fall) will be located just inside the Gate 6 entrance to Belmont Park and will include a chapel which will also function as a multi-purpose room, office space for the chaplaincy staff, and a classroom to be used as a learning center. Among those who participated in the groundbreaking ceremony were David O'Rourke, president and CEO of NYRA; Ramon Dominguez, retired Hall of Fame jockey who serves as president of the chaplaincy; and Michael Dubb, Thoroughbred owner and the founder and principal of the Beechwood Organization, who also donated construction materials for the entire building. Major funding was provided by several parties including Lisa and Kenny Troutt of WinStar Farm, Kristine and Chris Kay, the late Marylou Whitney and her husband John Hendrickson, and the estate of the late Dolores Ochota.

“This facility is a dream come true for the chaplaincy and for all the people it helps,” said Dominguez. “We are extremely grateful to all those who played a part in making it a reality.”

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Country Grammer, Life Is Good to WinStar for R&R

Following their performances in the GI Dubai World Cup, beaten favorite Life Is Good (Into Mischief) and race winner Country Grammer (Tonalist) are on their way to WinStar Farm for a freshening before they return to serious training. WinStar President and CEO Elliott Walden estimated that their stay at the farm will last from 30 to 45 days.

WinStar is the co-owner of both horses.

Colonel Liam (Liam's Map), who finished ninth in the GI Dubai Turf, is also being sent to WinStar.

The heavy favorite in the wagering, Life Is Good, who is also owned by the China Horse Club, suffered just the second defeat in his career. He led for most of the way but weakened in the final sixteenth of a mile, which suggests that the mile-and-a-quarter distance was not to his liking. He finished fourth, beaten 2 1/4 lengths.

“I thought he ran well,” Walden said. “We were obviously disappointed that he didn't win, but it's not like he laid down and threw in the towel. He ran hard. I think the track was not quite to his liking. They ran a mile-and-a-quarter in 2:04.97. In the Shaheen sprint they went in 1:11 and change. Those horses should have gone in 1:09. The mile-and-a-quarter on this type of track was a big factor.”

Before the Dubai World Cup, the GI Metropolitan S. had been mentioned as a possible starting spot for Life Is Good, but Walden said it was too early to make any plans so far as his future racing schedule.

Closing relentlessly in the final furlong, Country Grammer, also owned by Zedan Racing, drew clear to win by 1 3/4 lengths over Hot Rod Charlie (Oxbow). He is trained by Bob Baffert, the former trainer of Life Is Good.

“Country Grammer ran super,” Walden said. “We felt like that if Life is Good stubbed his toe he could be a horse that could win and that's what happened.”

Walden said that no races had been picked out as of yet for Country Grammer but listed the GI Pacific Classic as a possibility.

As for Hot Rod Charlie, trainer Doug O'Neill said some time off at a farm is also a possibility for the four-year-old.

“He came back in good shape and I can tell you that we have no idea where we are going with him,” O'Neill said. “He'll come back to my barn and then we will go over him and talk with the owners. He may get a couple weeks at a local farm to graze and get some sun on his back. He's earned it. I was elated with how well he ran. We were so optimistic going into the gate and then mid-race it looked like it wasn't going to be his day. Then turning for him, he came running down the inside and I got to the point where I thought he might win. It was a whirlwind of emotions.”

 

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