Horse Racing

Hearing Officer recommends NYRA 2-year ban on Baffert


Hearings officer O. Peter Sherwood recommended April 27 that trainer Bob Baffert receive a two-year suspension from the New York Racing Association for repeated drug violations involving his horses. in other jurisdictions.

Suspension — will only apply to three NYRA racetracks, Aqueduct race track, Belmont Parkand Racecourse Saratoga—Must be approved by a three-person NYRA panel. If approved, it would go into effect July 2, the end of the 90-day suspension Baffert is serving from the Kentucky Horse Racing Commission following unsuccessful post-race drug tests and disqualification. Medina Spirit from the 2021 Kentucky Derby victory presented by Woodford Reserve (G1) at Churchill Downs.

Board members include Will Alempijevic, chief executive officer of the New York Thoroughbred Riders Association, Humberto Chavez of New York Circuit Chaplaincy, and attorney John J. Carusone Jr. based in Saratoga.

Baffert and his attorneys have seven days to make an exception to the ruling, after which the panel will have 10 days to make a final decision on the matter.

During a hearing in late January, the NYRA charged the Hall of Fame coach with conduct deemed prejudicial to racing’s best interests, the health and safety of horses and jockeys, and like NYRA’s business. Sherwood sided with the NYRA on all three charges.

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“The NYRA has borne its brunt of all three charges against Baffert,” Sherwood wrote in a 54-page ruling. “The NYRA maintains (and records show) that Baffert engaged in a pattern and unlawful conduct unheard of in the modern history of Thoroughbred motorsport… Over a period of 14 months, Racing regulators in three states found that Baffert violated drug regulations in seven different races… The NYRA also demonstrated that each time Baffert was charged with a violation, he makes an absurd excuse and blames others for behavior for which he, as a trainer, is legally responsible.

“The NYRA has reasonably concluded that it will not tolerate Baffert’s reckless behaviour, outrageous conduct and substance violations, each of which compromises the integrity of the sport. I conclude argued that the NYRA had reasonably determined that he should be removed from the track for an extended period of time.”

Sherwood went on to say that the NYRA would “risk the loss of public confidence” if it did not suspend Baffert.

“The NYRA has reasonably concluded that it will not tolerate Baffert’s reckless behaviour, outrageous conduct and violations of substance, each of which compromises the integrity of the sport. I conclude that the NYRA has reasonably determined that he should be removed from the racetracks for an extended period of time,” Sherwood continued. According to the NYRA ruling, taking strong action in response to these violations will be intended to reassure racing fans of the integrity of the sport and the NYRA’s commitment to protecting horses, jockeys and the betting public. The NYRA’s action will also reassure fans and bettors that the industry can and will police itself, take stern action when it comes to doping detection and protect horses from abuse. In accordance with the NYRA’s reasonable judgment, a Failure to suspend Baffert could lead to public scandal and ultimately a reduction in audience numbers, loss of revenue to the State and NYRA races, and even the decline of Thoroughbred racing as a sport. I see no need for the NYRA to continue suffering from Baffert’s failures and risk losing public confidence.

“Evidence establishes that Baffert engaged in conduct harmful to the best interests of Thoroughbred motorsport in that he damaged the reputation and integrity of the sport, as well as the perception of the sport. public about the legitimacy of the sport. Cruel intentions , Eclair , Quack , Gamine , Merneith , and Medina Spirit both had the substance in their blood at prohibited levels on race day. These banned substances have the potential to affect their functioning. “

John R. Velazquez (L) and Bob Baffert (R) in the winners' circle after Medina Spirit's victory in the Kentucky (G1) race at Churchill Downs in Louisville, Kentucky on May 1, 2021.
Photo: Anne M. Eberhardt

(LR) Drivers John Velazquez, Jill Baffert and coach Bob Baffert celebrate in the winners’ circle after Medina Spirit finished first in the 2021 Kentucky Derby at Churchill Downs. The foal was later disqualified for a drug violation.

The suspension order, which prevents Baffert from entering or stabbing a horse anywhere on the NYRA campus, is consistent with a two-year private property suspension Baffert received last year from Churchill Downs Inc. from his tracks after post-race drug tests revealed Baffert-trained Medina Spirit had 21 picograms of corticosteroid betamethasone in her system. The presence of betamethasone is prohibited in the race system of horses in Kentucky.

“Notably, Churchill Downs, a private enterprise similar to the NYRA, banned Baffert from its facilities for two years primarily based on Baffert’s use of banned drugs in Medina Spirit during the Kentucky Derby. 2021 and his ‘increasingly unusual explanation’ of the presence Sherwood wrote: “Baffert has not established the basis for any shorter bans on the horses with which he was engaged. in races. Accordingly, I recommend that the panel revoke Baffert’s certificate for racing his horses at the racecourse and ban him from using the stables at the racecourse for a period of two years, commencing when Baffert obtained a valid license. Despite this recommendation, the board may want to consider granting Baffert credit for the 59 days he was removed from the racetracks by the NYRA in 2021.”

The ruling sets out the entire process starting May 17, 2021, when the NYRA announced the temporary suspension of Baffert following the announcement that Baffert’s Kentucky Derby winner Medina Spirit had failed a drug test. after the race.

Baffert went to New York federal court to seek relief, and on July 14, he was granted a suspension when Federal District Court Judge Carol Bagley Amon ruled in his favor, finding that the NYRA had not licensed the Hall of Fame coach prior to the imposition of the ban. . He was suspended without a hearing. CDI’s suspension, which is being disputed by Baffert in court, was also introduced without a hearing.

Following Amon’s ruling, in September, the NYRA established rules and procedures for disciplinary hearings outside the scope of the New York State Game Commission to deal with individuals who violate the rules. rules and regulations. The NYRA has scheduled a hearing for Baffert and coach Marcus Vitali.

Baffert’s hearing took place January 24-28 before Sherwood, a retired New York Supreme Court Justice.

During the hearing, NYRA attorney Henry Greenberg called it “extremely important” to equestrians, jockey players and fans of the sport, urging Sherwood to bring a verdict. “extended” suspension for Baffert. He listed the damage to the integrity of the sport through seven drug offenses by Baffert-trained horses as of July 2019 (though nothing happened in New York). ) and talked about how the sole Triple Crown Baffert responsible for that period destroyed “three major stakes” in the Arkansas Derby (G1), the Longines Kentucky Oaks (G1) and the Kentucky Derby, a race trio 2020 and 2021, in which the Baffert horse failed the post-race drug tests.

In response, Baffert attorney W. Craig Robertson III pointed out how the NYRA inducted Baffert to the Walk of Fame in Saratoga in 2018. During the January sessions, he also said Baffert was not suspended for any reason. any drug violations by the regulator, a comment made. before Baffert received a 90-day suspension by the Kentucky Horse Racing Commission on February 27 and that he had never been charged with a violation in his 30 years of racing in New York. He added that Baffert had served nearly two months of the original NYRA suspension, that the NYRA’s desire to suspend him was motivated by the jealousy of NYRA board members who were causing trouble. out a vendor against him because their horses couldn’t outrun his.

Although Baffert is based in California and primarily operates there, the extended suspension imposed by the NYRA could keep Baffert out of the prestigious New York races that are a frequent target of the trainer. with shippers. He has won the Belmont Bet presented by NYRA Bets (G1) three times, twice with three Crowning horses. He is also a three-time Runhappy Travers Stakes (G1) winner.

Last year, after his initial suspension from the NYRA was lifted, he sent Gamine to Saratoga to win the Ketel One Ballerina Handicap (G1) point.

This story will be updated.



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