Honorary O. Peter Sherwood rejected two proposals by attorneys representing Bob Baffert to stop or delay the New York Racing Association’s January 24 disciplinary hearing with the embattled coach.
Baffert’s legal team requested that Sherwood waive her status as a hearing officer for the meeting and cancel the hearing due to NYRA’s violation of law. Sherwood, a retired New York State Supreme Court Justice, dismissed both opinions in the January 19 ruling.
Baffert’s attorneys asserted that Sherwood had a substantial interest in the outcome of the proceedings and had pre-judged the merits of the hearing, claiming that Sherwood flatly denied it.
Sherwood wrote in her ruling: “Not only was the refusal unwarranted, but compliance with the requests would compromise the effective administration of justice. “In arguing for the denial, Baffert failed to present clear and unambiguous factual reasons why I was unable to fairly and objectively preside at this due process hearing. yes. could have a substantial interest in the outcome of this proceeding.He did not provide a summary of evidence to support this presumption.A motion to refuse should be denied if only for reason. this.
“Having been on the bench for more than 13 years,” he added, “I am quite confident that I can objectively weigh and analyze facts and legal acts and make correct decisions based on the evidence presented.”
Sherwood, who was born in Jamaica, West Indies, was arraigned on the New York State Supreme Court in May 2008 and served until last year. Among the positions he held prior to his appointment to the bench were corporate counsel for New York City, attorney general for the State of New York, and assistant counsel for the French Foundation for Education and Defense. NAACP law.
In Baffert’s petition, he claimed Sherwood was withheld after “a confidential process in the NYRA” and that since his attorneys were not provided details of the selection process, Sherwood should use self.
“Baffert argued that my monetary interest may have been implied by my refusal to answer his questions about the circumstances that led to my withholding by the NYRA to chair this hearing,” Sherwood wrote. ” “In short, Baffert argues that since I, as the hearing officer in this proceeding, would not submit to being a witness on this fishing expedition where he hopes to find When I see evidence of disinterest in the outcome of this procedure, I must (or should voluntarily) use it again. It simply isn’t the law and I decline the invitation.”
Responding to statements he had pre-judged the matter, Sherwood replied, “The argument is no longer convincing and no less offensive in the context of a prejudicial statement.”
Baffert’s attorneys also argued that the proceedings should be halted because the hearing was scheduled with an extremely illegal action by the NYRA Racing Commission and was not based on a vote endorsed by its Board of Directors.
In dismissing that petition, Sherwood said it was filed after the December 1 deadline for motions to be dismissed and could not be heard. He added that the argument was also unsuccessful, pointing out that the NYRA Board could authorize. He writes that the Racing Commission deals with all matters relating to NYRA racing and the disciplinary and procedural actions against racing officers that are on the scorecards involved in the activity. NYRA racing.
The disciplinary hearing that will begin January 24 is the result of Baffert receiving an injunction in federal court that blocked the NYRA’s May 17 suspension of Baffert after it was announced that the winner In the Kentucky Derby match presented by Woodford Reserve (G1), Medina Spirit failed a drug test after the race.
The NYRA, in a revised complaint against Baffert, cited that horses in Baffert’s care had six violations of the rules and regulations between July 27, 2019 and before the Derby. Kentucky in 2021 presented by Woodford Reserve (G1). It also included an investigation by the California Horse Racing Commission that found 25 improperly labeled drugs at Baffert’s barn.
The hearing can take two or three days to complete.
