Hall of Fame and Amr Zedan’s Zedan Racing Stable coach Bob Baffert asked the Kentucky Circuit Court Feb. 28 to issue an interim order to uphold a recent ruling by the Kentucky Horse Racing Commission.
The series of court filings in Franklin Circuit Court not only seek the duration of penalties related to testing positive for betamethasone in the Medina Spirit , who crossed the limit first in last year’s Kentucky Derby presented by Woodford Reserve (G1), but also asked to allow Baffert and Zedan to amend their complaint against the racing commission. In its ruling, the KHRC also stripped Medina Spirit of its rights and made Mandaloun The official winner of the Derby.
The trainer and owner had previously sued the commission for the right to perform additional testing on a horse urine sample to prove the foal was not injected with corticosteroids but tested positive for a topical ointment. skin is used to treat rashes. Judge Thomas Wingate authorized the additional trial under the supervision of Dr. George Maylin, director of the New York Equestrian Laboratory & Research Laboratory.
“Those additional test results confirmed Plaintiff’s consent — the betamethasone in Medina Spirit came from the topical ointment and not from the injectable betamethasone,” the memo asks for a timeline for filing the complaint. amendment complaint. “Again, this is important because KHRC regulations only prohibit injectable betamethasone if used within 14 days of a race.
“However, KHRC Stewards, without explanation, rejected the scientific evidence and issued judgments 21-009 and 21-0010, disqualifying Medina Spirit as the winner of the match. Kentucky Derby and imposed a 90-day suspension and a $7,500 fine against Baffert,” the memo continued.
Baffert asked the KHRC last week to avoid penalties while he appealed their decision but that request was denied, which the February 28 memo describes as “an extremely irregular step.” often” and one that defies KHRC’s “standard procedure” when someone has been sanctioned is seeking to appeal.
“Therefore, Plaintiff was forced to apply for leave to amend to reflect these new developments in reality and to add additional charges of (1) appealing against KHRC’s denial of Plaintiff’s request to remain under KRS 230.320 and (2) seek a temporary order preventing KHRC from enforcing the penalties proposed by the Administration,” the memo states.
In Kentucky, betamethasone is a Class C penalty, a level considered to have “less potential for performance effects” than the performance-enhancing effects of Class A or B drugs. Penalties designated by the administrator in accordance with Kentucky. recommended sanctions for such a finding.
Those recommendations called for horse owners to be fined through disqualification of the horse and loss of money in the wallet. As for Baffert’s sanctions, they are consistent with the Level C conclusion but appear to have included four unsuccessful drug tests by the trainer in the 12 months leading up to the Derby as a mitigating circumstance. light. The proposed Class C penalties for three or more offenses require a 30-60 day suspension and a $2,500 to $5,000 fine in the absence of extenuating circumstances.
While Baffert’s legal team contested the distinction between betamethasone acetate, found in the injection, and betamethasone valerate, found in Otomax ointment, with which Medina Spirit was treated, KHRC pointed out that the State regulations do not make such a distinction.
In June, during a trial in Kentucky before the urine sample was sent to New York, Jennifer Wolsing, KHRC’s general counsel, said the ban on betamethasone “doesn’t distinguish” between the cream and the injection on the list of drugs. banned substances by regulatory authorities.
At the time at a hearing involving additional testing of a urine sample, Wingate also questioned whether different types of betamethasone were important, reiterating what he considered a similar case. is conducted through his courts and the legal system where sanctions are ultimately upheld.
According to court documents, a hearing on the proposed temporary order will be scheduled “as soon as advised.”
