Ruling by Kentucky Horse Racing Commission
Trainer Bob Baffert was denied a stay of his 90-day suspension by the Kentucky Horse Racing Commission on Friday, Baffert’s attorney Craig Robertson confirmed to Horse Racing Nation. The suspension is scheduled to begin on March 8 and end June 5, which would cause him to miss several big races, including the Preakness.
A representative for the KHRC did not immediately respond to a request for comment. News of the denied stay was first reported by the Louisville Courier Journal.
“This is unprecedented in my experience,” Robertson said in a statement. “Stays are routinely granted pending an appeal. This is because it is manifestly unfair to make a trainer serve suspension days now when the penalty that imposed that suspension may be reversed later. That is irreparable harm that cannot be undone."
In order to receive a stay of the suspension now, Baffert would have to petition the Franklin Circuit Court in Kentucky. He has previously gone to that court against the KHRC, last time to force further testing of the late Medina Spirit’s split urine sample.
Robertson indicated they would be willing to do so again.
“We will do whatever is necessary - including going to Court - to get a stay enforced,” Robertson said.
Medina Spirit, who tested positive for the regulated medication betamethasone following his win in the 2021 Kentucky Derby, had the victory taken away on Monday by the Kentucky stewards. The stewards also issued the 90-day suspension and a $7,500 fine.
Baffert’s attorneys have indicated that they will challenge the stewards ruling to the full KHRC. If unsuccessful there, their next step in the process would be to file suit in the Franklin Circuit Court.
The trainer and his team have claimed that the betamethasone positive was due to use of a topical cream known as Otomax, instead of injected betamethasone. They claim the use of the cream was legal.
Medina Spirit died suddenly in December after a work at Santa Anita. A full necropsy did not reveal a definitive cause of death, though a heart attack was not ruled out. Baffert is currently suspended for two years by Churchill Downs Inc., and recently went through a hearing in New York to determine whether he will receive a suspension from the New York Racing Association. Owners of the horses trained by Baffert have largely stayed quiet about whether they plan to stick with him despite being ineligible for the Kentucky Derby. However, Amr Zedan, owner of Medina Spirit praised Baffert during a Friday news conference at the Saudi Cup. "Bob Baffert is the best trainer in the world in my view," Zedan said. "And the view of many, many others."
