Testifying in court in Louisville, Ky., on February 3 that “I’ll probably lose half more” of my top 3-year-olds, Hall of Fame coach Bob Baffert stated his case. for legal assistance in an effort to end the two-year Bans imposed by Churchill Downs Inc. show. CDI action comes after Baffert trainee Zedan Racing Stables’ Medina spirit tested positive for anti-inflammatory betamethasone after crossing the first wire in the 2021 Kentucky Derby (G1).
Baffert’s attorneys have requested a preliminary order that, if approved by U.S. District Court Judge Rebecca Grady Jennings, could allow Baffert to compete in the May 6 Kentucky Derby and major races another organized by Baffert. Churchill Downs this spring. Without such legal assistance in Baffert’s ongoing lawsuit with the racetrack company, CDI’s ban on Baffert from racing horses on their track would last until the spring meeting in Churchill Downs ends in early July.
Jennings did not issue a ruling on Friday and was vague in announcing when a ruling would be, only saying it would come “in the next period.” Also in front of her is a petition to dismiss the lawsuit.
The two main considerations for Jennings in determining whether to grant or deny a preliminary injunction relief are whether Baffert is likely to win the case based on the merits of his case and whether he will suffer The damage cannot be remedied if the application for mitigation is not granted. Lawyers for Baffert and CDI are both aiming for a second review on Friday.
Orin Snyder, one of six lawyers who represented CDI in court on Friday, initially questioned Baffert, criticizing him for previously signing two affidavits saying that CDI’s suspension would “stop him from doing business.” business effectively”, situations that never happen. Baffert’s stables, according to Equibase records, won 75 races and raked in more than $9.7 million in North America by 2022, plus more overseas, though he missed a portion. of the year while he was given a 90-day suspension issued by the Kentucky regulator’s Equestrian Commission for positive betamethasone related to Medina Spirit. Medina Spirit was also disqualified, a decision that is being appealed.
Baffert admitted when questioned that he still had great success while noting that the CDI ban “hurts me” and “I should have done much better (statistically). “
Owners of the top 3-year-olds have continued to flock to the California-based coach who has all four starts on Feb. 4 Robert B. Lewis Stakes (G3) at the facility His house is Santa Anita . Park. He has 14 of the 16 nominees in the race.
Bob Baffert speaks to the media after 3-year-old student Arabian Knight’s victory at the Southwest Stakes at Oaklawn Park
Baffert’s attorney, Clark Brewster, didn’t shy away from how overcrowded Baffert’s stables were, seemingly to convince Jennings that letting the trainer miss the Kentucky Derby would, at least in their view, be is an aberration of justice. He asked the coach to read his cadets’ names from the Daily Race Form chart of the 10 fastest 3-year-olds that will race in 2023 based on Beyer’s Speed Metrics. Baffert trains seven of them.
Baffert calls the Kentucky Derby the “jewel” of Thoroughbred racing and an annual goal of most of his clients, who strategically purchase young foals with the intention that they may achieve success. success in Triple Crown races and other prestigious events, the latter will be worth incredible amounts of money at the stud. When asked how many times he has won the Derby, Baffert replied, “seven”, a number that includes Medina Spirit even though he is currently out.
“I broke the record. I’m very proud of that,” Baffert testified.
With six official wins, Baffert currently holds the record for a coach’s Derby win against the late Ben Jones. Baffert and Jones have each won the Triple Crown twice.
If Baffert fails to receive preliminary orders, his horses will have to move under the supervision of other trainers before the end of the month to earn qualifying points for the May 6 race. Last year, two Baffert interns, more messy And Taiba qualifying and racing unsuccessfully in the Derby after being sent to coach Tim Yakteen’s cage.
They eventually returned to Baffert, although the trainer insisted that his stall had run out of horses in other stalls. Some of the horses moved in the second half of 2022 are unlikely to be of the higher quality. Baffert’s stables focuses on horse and horse races of the highest caliber.
That emphasis means his horses are tested for more drugs per start than other trainers, with some states, such as Kentucky, testing more in races. certain compared to other types of competitions. Baffert also says that because regulators often test for lost favorites, he gets more tests. His horses are often favored due to the high quality of the horses that join his stall and his success rate.
When Snyder questioned Baffert, he sought to describe the coach’s failure to fulfill his duties in accordance with the trainer’s responsibility rule, noting nine positive drug tests for the drug. horse from 2016-20 and argue that Baffert has had a negative impact on the sport with his actions. and by breaking promises. Synder noted that Dr Michael Hore of the Hagyard Equestrian Institute of Health did not take on an advisory role for Baffert to ensure compliance with the rule, as Baffert said the veterinarian would do in a statement. in November 2020.
Baffert testified Friday that Hore was “unable to come” that winter to inspect his California stables due to COVID-19. Hore gave the same explanation to BloodHorse in mid-May 2021, shortly after Medina Spirit tested positive for drugs.
Snyder also questioned Baffert about his changing story regarding Medina Spirit’s positive drug test results published on May 9, 2021, playing an audio clip of an interview on the media. media, where the trainer is not responsible for a positive result. A phone conversation with managers, taped without Baffert’s knowledge, was also played in court, in which Baffert referred to Kentucky as “a cesspool.”
“I rambled on,” admitted Baffert, testifying that “his mental state was off the charts.”
On May 11, 2022, two days after the initial announcement of the drug positive — which Baffert said he was forced to make due to the leak of test results to the media — Baffert said Medina Spirit had was treated for the skin condition with an antifungal ointment called Otomax, which contains betamethasone valerate, which led to the test results.
Pointing to vague language in the Kentucky Equestrian Commission rules, Baffert’s attorneys argued that betamethasone valerate is not specifically prohibited by the KHRC, in contrast to betamethasone acetate, the type of betamethasone used in joint injections, which is classically in which horses receive corticosteroids. That was opposed by KHRC, who believed that the management route was inappropriate.
Otomax, marketed to treat ear infections in dogs, is not approved by the Federal Drug Administration for use in horses, although horses can be treated off-label with this medication with documentation. veterinarian and customer consent. An image of the drug’s packaging was shown in court on Friday with ingredients such as betamethasone valerate prominently displayed on the packaging.
According to the California Horse Racing Board’s treatment documents, Baffert’s California-based veterinarian Vince Baker prescribed Otomax on April 9, 2021 and on April 19, 2021, when Medina Spirit is ready. begins the Kentucky Derby on the first Saturday in May.
Baffert’s legal team said on February 2 that they planned to call him to testify on Friday, but Brewster told the judge they wouldn’t mind the timing and wanted to focus on legal questions regarding their request for a preliminary order.
Baffert concluded his testimony on Friday by recalling in the midst of a firestorm after the Derby he received a 10-minute phone call from then-President Donald Trump, who he said told him ” Hold your head high.”
Mike Anderson
The only other witness to testify Friday was Mike Anderson, the chairman of Churchill Downs, one of a handful of CDI employees, led by Chief Executive Bill Carstanjen, who met to discuss ghost testing. Drugs and potential CDI actions against trainers after Baffert’s first press conference. in reporting positive test results. After consultation, Carstanjen ultimately made the decision to suspend Baffert—first indefinitely and then for a period of two years from CDI traces—after the second test results. confirm the initial finding of betamethasone.
Under the direct supervision of Christine Demana, Anderson testified that the sanctions were the result of Baffert’s testing and actions, in which Anderson claimed the coach demonstrated “disrespect for the rules of the game.” rules and regulations” based on his numerous positive drug results in recent years and his repeated denials in the media immediately following the bomb test results. He noted that Churchill Downs has an obligation to protect the Kentucky Derby brand, whose positive test result has been tarnished. He also noted that intern Baffert game was disqualified for betamethasone in 2020 at the Kentucky Oaks (G1), Churchill’s second prestigious race.
Under cross-examination, Brewster sought to describe how the CDI decision was made without considering all the facts, while further suggesting that some Churchill Downs employees were involved with the regulator. government. State agencies have more responsibilities regarding due process, which Baffert’s legal team believes has not been made available to trainers. Churchill did not hold a hearing or give the trainer the chance to be heard.
Darren Rogers, Churchill Downs senior director of communications and media services, initially called Baffert about the indefinite suspension, and Anderson called him later to give him an update on the suspension. suspension for two years, the president of the racetrack testified.
Brewster asked Anderson whether he had spoken to participating managers or veterinarians or test documentation or databases to confirm or refute Baffert’s views, Anderson repeatedly replied, “No .” He also asked him if he and other CDI officers had detailed the transcripts and final results of appeals to the Baffert interns’ previous positive tests, which Anderson said had weighed. mentioned in the decision of the CDI led by Carstanjen or not. Again he said he didn’t.
He defended CDI’s right to exclude and suspend individuals as a sole proprietorship.
-Dick Downey also contributed to this story.
