Trainer to go to Appeal Court
Bob Baffert was denied a stay of his 90-day suspension by a Kentucky judge on Monday. The trainer will be allowed to appeal the ruling to the state’s Court of Appeals.
The ruling from judge Thomas Wingate of the Franklin Circuit Court came after a Thursday hearing. Baffert’s attorney Craig Robertson argued that the trainer was entitled to a stay, since the Kentucky Horse Racing Commission has traditionally given them in all medication cases.
The ruling pushed back on that argument.
“The court finds that requests for stays must be evaluated on a case-by-case basis,” the ruling read. “Accordingly, the court cannot adopt a blanket rule that all requests for stays must be (automatically) granted.”
Following the ruling, Brewster, who also represents Medina Spirit's owner Amr Zedan, issued a statement in a news release. “We are disappointed with the decision of the Franklin Circuit Court denying a stay of the Stewards Rulings,” Brewster said. “Given the importance of the matter, we intend to immediately appeal to the Kentucky Court of Appeals.” The KHRC did not immediately respond to a request for comment from Horse Racing Nation.
Should the appeals court not rule in Baffert’s favor, the suspension will begin April 4. It stems from the late Medina Spirit’s positive test for betamethasone following the 2021 Kentucky Derby.
The suspension originally was scheduled to begin March 8, but Wingate requested both sides agree to delay it until after a meeting of the full KHRC. The stay was initially denied by KHRC executive director Marc Guilfoil, a decision that was upheld by a unanimous vote of the full commission.
The 90-day suspension would require Baffert to break up his stable in California and forfeit his stalls at his home base of Santa Anita. His attorneys argued to Wingate that such a suspension would put him out of business, causing irreparable harm.
Wingate disagreed.
“On the outset, the Court is confident that Baffert’s career will not be destroyed by this 90-day suspension. Baffert’s track record speaks for itself,” the order said. “Nevertheless, Baffert’s claimed injuries again generally relate to economic harm, which is not irreparable under Kentucky law.”
Baffert and company have claimed since May that the betamethasone positive was due to use of a skin cream known as Otomax that contained the medication, saying it was not a rule violation due to the drug's not coming from an injection. The KHRC has maintained that the origin of the betamethasone does not matter, according to state rules.
Wingate agreed with the commission, noting a 2015 case involving trainer Graham Motion, who had a horse test positive for methocarbamol. Wingate ruled in favor of Motion in that case before a higher court overturned the decision, saying the KHRC had the authority to enforce its rules, regardless of other factors.
“The holding in Motion makes clear that the KHRC is vested with the power to establish its regulations and nonetheless, the actual effect of a banned drug is irrelevant,” the ruling said. “Therefore, plaintiffs have failed to demonstrate a substantial likelihood of success.”
Beginning April 17, the full KHRC will hear Baffert’s appeal of the suspension along with a $7,500 fine and Medina Spirit’s disqualification as the 2021 Kentucky Derby winner.
The full ruling may be read below.
