Horse Racing

Court of Appeal dismisses Baffert Suspension Continued


Coach Bob Baffert’s request for emergency relief after a 90-day license suspension was denied by the Kentucky Court of Appeals April 1, a week after the request was filed.

With the approval of an order signed by Judge Allison Jones, Baffert’s attempt to have his sentence adjourned before a full hearing was held with the Kentucky Equestrian Commission failed for the fourth time. According to statutory guidelines, he had previously attempted to obtain a stay-at-home order from Marc Guilfoil, executive director of the Kentucky Equestrian Commission; a full table of KHRC; and most recently, Judge Thomas Wingate of the Franklin Circuit in Frankfort, Ky.

Court rules on the matter say that in order for the Court of Appeals to find an emergency, there must be a fundamental conclusion that Baffert would have suffered an incurable injury before the matter could be resolved. due process. Wingate’s ruling found that Baffert failed to assert that irreversible injury was a matter of law.

After rejecting Baffert’s urgent offer, Jones’ order said: “Basic moves for intersubject relief along with any additional, specific motions will be assigned to a panel of three Judge of this Court upon the expiration of the response period set forth in the Civil Rules.” The time provided in the rules makes it unlikely that any immediate action will be taken.

The suspension is related to drug violations from Baffert practitioners, capped by Zedan Racing Stables’ post-race positive test for betamethasone following the 2021 Kentucky Derby presented by Woodford Reserve (G1) at Churchill Downs. KHRC suspended Baffert and fined him $7,500 in February and disqualified Medina Spirit from the race.

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ANGST & KING: Medina Spirit out of 2021 Kentucky Derby win

Betamethasone is a corticosteroid that is banned at any level on race day in Kentucky. It is a Class C penalty, which is considered “less likely to affect performance” than the performance-enhancing effects of Class A or B drugs. Penalties are administered by the administrator. designation consistent with Kentucky’s proposed sanctions for such a finding.

Wingate refused Baffert’s request. Rodolphe Brisset. Baffert’s top 3-year-old drivers this spring failed to win any qualifying points on the Road to the Kentucky Derby, due to Churchill Downs Inc. suspended him from its tracks until mid-2023.

Doppelganger - Galloping - Oaklawn Park - 033122
Photo: Coady Photography

Doppelganger practices for the Arkansas Derby at Oaklawn . Park

Doppelganger was joined by Yakteen in the April 2 Arkansas Derby (G1) while Bladder tracking April 9 Toyota Blue Grass Stakes (G1) for Brisset. Messier on track for the April 9 Runhappy Santa Anita Derby (G1), and McLaren Vale , third of the seven San Vicente Stakes (G2), is working steadily for the start of his third career. Both horses were later in Yakteen’s stables.

Messier and jockey John Velazquez win the $200,000 Class III championship Robert B. Lewis Stakes, Sunday, February 6, 2022 at Santa Anita Park, Arcadia CA. <br /> & # 169;  BENOIT PHOTO” src=”https://cms-images.bloodhorse.com/i/bloodhorse-images/2022/02/3793eeae28e0442f8ac53ac356724113.jpg?preset=medium” style=”border-width: 0px;” title=”Messier and jockey John Velazquez win the $200,000 Class III championship Robert B. Lewis Stakes, Sunday, February 6, 2022 at Santa Anita Park, Arcadia CA. <br /> & # 169;  PHOTO BENOIT”/><figcaption><small>Photo: Benoit Photo</small></p>
<p>Robert B. Lewis Staking Winner, Messier is on his way to the Santa Anita Derby at Santa Anita Park</p>
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<p>Wingate’s ruling delayed the start of Baffert’s suspension until April 4, which allowed time for Baffert to request a review by the Court of Appeal.  At this point, from all appearances, only an order from the Supreme Court of Kentucky can intervene.  However, the high court is not required to review the April 1 Court of Appeals order even if asked to do so, and the court will proceed with a review at its discretion only if “cause unusual” was introduced, according to the rules of the court.</p>
<p>During the hearing before Wingate, Guilfoil testified as to his reasons for refusing to stay.  Wingate’s ruling said, based on that testimony, applicable rules and Court of Appeal precedent, that Guilfoil did not act arbitrarily;  and the granting of residence permits for suspended coaches is not an automatic matter of the law, although practice has been followed many times over.  Instead, Wingate writes, the legislative intent is clear that such decisions must be made on a case-by-case basis.</p>
<p>The case before the Court of Appeals applies to a suspension order issued by Kentucky administrators, not a suspension of private property issued by Churchill Downs against Baffert until mid-2023. Baffert is contesting the order. ban in federal court, where a preliminary injunction hearing is set for April 15.</p>
<p>The suspension, which will be respected by racing jurisdictions nationwide, will result in Baffert having to disband his Southern California stables due to California Horse Racing Board regulation 1843.3, which prohibits any coaching Any coach who receives a suspension of 60 days or more.  all facilities are licensed by the CHRB.  Additionally, the rule states, “During the period of suspension, that trainer will strip all designated stall space and will remove from the cabinet (sic) all signage, colors, advertising, training-related equipment, supplies, office equipment, and any other property.”</p>
<p>“We are very disappointed with today’s decision, but it is important to understand that the court made it clear that it denied the stay purely on procedural grounds and not on grounds, all of which We will continue to fight for Bob’s ability to run and win in Kentucky and fight the KHRC’s injustice towards Bob,” said Clark Brewster, Bob Baffert’s attorney.</p>
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