90-day suspension stems from Medina Spirit’s Kentucky Derby positive
A ruling will be issued Monday in Bob Baffert’s request for the Franklin Circuit Court to force a stay of his 90-day suspension stemming from the late Medina Spirit’s Kentucky Derby betamethasone positive. Attorneys for Baffert, the Kentucky Horse Racing Commission and Medina Spirit’s owner, Amr Zedan, argued their cases before judge Thomas Wingate on Thursday.
Baffert himself did not testify or appear during Thursday’s hearing. His lawyer Craig Robertson argued that the suspension as issued by Kentucky’s stewards would put the trainer out of business.
“It is preposterous that we would end a Hall of Fame career over a topical ointment,” Robertson said. “What’s even more preposterous is that we would do it before Mr. Baffert has his day in court.”
According to racing regulations in California, which recognizes Kentucky suspensions, any ban longer than 60 days requires suspended trainers to break up their stables and give up their stalls. The horses could not be transferred to Baffert’s assistant trainers.
Robertson also said the lack of a stay would be unprecedented, especially since KHRC executive director Marc Guilfoil, who initially denied it, noting from the stand Thursday that he always has granted them for medication violations. Wingate said he thought stays were automatic in such cases.
KHRC attorney Jennifer Wolsing argued that the denial of a stay was proper in Baffert’s case.
“We have very unusual circumstances,” Wolsing said. “And those require an unusual, proactive response.”
Guilfoil was questioned by both Wolsing and Robertson. He justified the denial of an appeal by pointing out Baffert’s previous medication violations in the year leading up to the 2021 Derby, including Gamine’s betamethasone positive after the 2020 Kentucky Oaks plus two lidocaine positives in Arkansas for both Gamine and Charlatan.
Robertson noted those horses had been reinstated as the winners of the Arkansas races in question, and Baffert’s suspension in the state had been rescinded after an administrative hearing. Guilfoil said the fines issued for each horse were indicative that a violation had occurred.
“I think about the horse that finished second, third, fourth, fifth and sixth,” Guilfoil said. “They did not have betamethasone in their system in running the Kentucky Derby. This horse did. These guys did.”
Robertson repeated the claim he and Baffert have made since shortly after the positive test was announced, that the betamethasone in Medina Spirit was not a rules violation due to its origin as a topical skin cream known as Otomax, and it was not an injection. Wolsing refuted the claim, saying that according to KHRC rules, where the betamethasone came from makes no difference.
The suspension as originally issued would have gone into effect March 8. Both parties agreed to delay it until after the KHRC ruled on whether it would grant a stay.
On March 4 the commission voted unanimously to deny Baffert the stay. Thursday’s hearing revealed that the KHRC will hear Baffert’s appeal of his punishment and the Medina Spirit disqualification beginning April 18.
