Trainer claimed judge was retained after a secret process within NYRA
The Honorable O. Peter Sherwood has rejected two motions by attorneys representing Bob Baffert intended to stop or delay the New York Racing Association's Jan. 24 disciplinary hearing with the embattled trainer.
Baffert's legal team demanded that Sherwood recuse himself from serving as the hearing officer for the meeting and to dismiss the hearing due to a ultra vires act by NYRA. Sherwood, a retired New York State Supreme Court Justice, rejected both motions in a Jan. 19 ruling.
Baffert's lawyers maintained that Sherwood had a pecuniary interest in the outcome of the proceedings and has prejudged the merits of the hearing, claims that Sherwood flatly rejected.
"Recusal is not only unwarranted, but acceding to the demands would impair to the efficient administration of justice," Sherwood wrote in his ruling. "In arguing for recusal, Baffert has presented no actual definite and articulable reason as to why I cannot fairly and impartially preside over this due process hearing. Rather, he asserts in an entirely speculative manner that I may be conflicted based on the possibility that I may have a pecuniary interest in the outcome of this proceeding. He has presented not a scintilla of evidence to support this speculation. The motion for recusal should be denied if only for this reason.
"Having served on the bench for over 13 years," he added, "I am quite confident that I can impartially weigh and analyze the facts and law acts and reach a just determination based on the evidence presented."
Sherwood, who was born in Jamaica, West Indies, was named to the New York State Supreme Court in May 2008 and served until last year. Among the positions he held prior to being named to the bench were corporate counsel of the City of New York, solicitor general of the State of New York, and assistant counsel for the NAACP Legal Defense and Educational Fund.
In Baffert's motion, he claimed Sherwood was retained after "a secret process within NYRA" and because his attorneys were not given the details about the selection process, Sherwood should recuse himself.
"Baffert argues that my pecuniary interest can be implied by my refusal to answer his questions about the circumstances underlying my retention by NYRA to preside over this hearing," Sherwood wrote. "In short, Baffert argues that because I, as the hearing officer in this proceeding, will not submit to becoming a witness in this fishing expedition where he hopes to find evidence of a non-existent interest in the outcome of this proceeding, I must (or should voluntarily) recuse myself. That simply is not the law and I decline the invitation."
Responding to claims he has prejudged the matter, Sherwood replied, "The argument is no more compelling and no less offensive in the context of a prejudgment claim."
Baffert's lawyers also claimed that the proceedings should be halted since the hearing was scheduled with an ultra vires act by NYRA's Racing Committee and not based on an affirmative vote of its Board of Directors.
In denying that motion, Sherwood said it was filed after the Dec. 1 deadline for motions to dismiss and could not be heard. He added that the argument also failed on merits, pointing out that the NYRA Board can delegate authority. He wrote that the Racing Committee addresses all issues related to NYRA's racing operations and that disciplinary actions and proceedings against racing personnel fall under the rubric of being related to NYRA's racing operations.
The disciplinary hearing that will begin Jan. 24 was a result of Baffert receiving a restraining order in federal court that blocked NYRA's May 17 temporary suspension of Baffert following the announcement that his Kentucky Derby Presented by Woodford Reserve (G1) winner Medina Spirit had failed a post-race drug test.
NYRA, in an amended complaint against Baffert, cited that horses under Baffert's care had six violations of racing rules and regulations from July 27, 2019, through prior to the 2021 Kentucky Derby Presented by Woodford Reserve. It also included a California Horse Racing Board investigation that found 25 improperly labeled medications at Baffert's barn.
The hearing could take two or three days to complete.
