With retired New York State Supreme Court Justice O. Peter Sherwood listening attentively, New York Racing Association attorneys and Bob Baffert presented their closing closing session Jan. hearings in the suspension case initiated by the NYRA ended.
NYRA seeks a recommendation from Sherwood that Baffert be suspended from importing horses at Racecourse Saratoga, Belmont Parkand Aqueduct race track. The association’s attorney, Henry Greenberg – who spoke before and several times in the rebuttal summary – filed that the NYRA had proven Baffert engaged in conduct that was detrimental to the best interests of the race, conduct that is detrimental to the health and safety of horses and jockeys, and conduct that is detrimental to NYRA’s business.
Specifically, Greenberg participated in a median six-drug readout spanning from July 2019 to September 2020, prior to that, one finding found. Medina Spirit tested positive for betamethasone after finishing the first game of the Kentucky Derby presented by Woodford Reserve (G1). Baffert’s testimony on those matters is a repeat of his “play” of excuses made for the averages, which Greenberg describes as a “business model,” he said.
Greenberg discussed the “explosion of negative stories about the sport (and) about (Baffert)” following the news of Medina Spirit testing positive for drugs during the Derby. Making matters worse, Greenberg argued, were Baffert’s comments at a Churchill Downs press conference and in subsequent television interviews when Baffert “devastated the industry… He knew exactly what he was doing because he said the same things every time. He was. throws away the sport over and over again… Great power has bestowed on him great responsibility… but he’s given himself a ball of pity for the industry.”
DOWNEY: Baffert Testimony Runs Gamut in NYRA Case
Baffert’s expert witnesses, Dr. Clara Fenger and Dr. Steven Barker, admitted at the hearing they testified to the coaches dozens of times during disciplinary hearings, and Fenger said she did. testified for Baffert in Arkansas in the case of Quack –Gamine and is actively working for Baffert on the Medina Spirit case.
Greenberg said their status “compared to Dr (Pierre-Louis) Toutain” isn’t even close. Toutain is a world-renowned veterinary pharmacologist, Greenberg notes, having authored or co-authored 500 peer-reviewed articles that have been cited thousands of times in the last year. Greenberg said Tourin “is not a professional witness and tells you nothing but facts about the performance-enhancing potential and tendency to mask” of the drugs found in the horses’ systems. Baffert.
In contrast, Greenberg said, Fenger and Barker argue that current regulatory mechanisms are too strenuous.
DOWNEY: Toutain gives specialized testimony at hearing in Baffert
Greenberg asked Sherwood to suggest an extended hiatus. It looks like the outer limit could be 240 days based on testimony from inaugural witness Rick Goodell, a former assistant counsel for the New York State Gaming Commission and former chairman of the Association’s Regulatory Attorneys Committee. International Racing Commissioners.
That could be offset by the 58-day suspension that was served by Baffert before it was ordered to await a five-day due process hearing this week.
W. Craig Robertson III, on behalf of Baffert, argued that Baffert offered plausible explanations for taking the drug and acted as a great ambassador for the sport. He told Sherwood that not only should Baffert be exonerated, but that the NYRA should apologize to the trainer for the 58 days he was suspended prior to the order.
Diving into a legal argument that will be presented briefly, Robertson argues that the out-of-state criminal cases that have been adjudicated are inappropriate and illegal to use as the basis for the NYRA to exercise its rights. common law to ban those with grounds.
In part of the argument that may or may not be considered audible by the hearing officer and Greenberg says is designed for “another audience,” Robertson questioned why the incriminating statement was not. presented as evidence and declared no witnesses. discuss fees; and criticized NYRA officials for not testifying.
On a stronger note, Roberson offered that there was no “no” evidence Baffert was hurting the handlebars at the NYRA rails. A new handling record was set at the summer 2021 meeting in Saratoga, though an NYRA witness said, “We should have done better.”
Robertson argued and Greenberg countered that this was the first case, that Baffert had been singled out. However, it is acknowledged that Rick Dutrow has in fact been suspended by New York authorities for 10 years. Robertson said he was allowed to import hundreds of horses anyway; and Greenberg objected that it was done while Dutrow’s appeal was pending.
Robertson reminded Sherwood that Mike Smith and John Velazquez had no problem riding Baffert’s horse and believed his stables were professionally operated.
DOWNEY: NYRA Concludes Case Against Baffert, Opens Defensive Doors
Medina Spirit wins 2021 Kentucky Derby at Churchill Downs
“This case is just about the Kentucky Derby,” said Robertson. “That’s why they have to act… But there’s no rule violation (in Kentucky)… There’s no Kentucky rule for betamethasone valerate (cream).”
Regarding Baffert’s comments to the media after the Derby, Robertson said Baffert was just a victim of human nature and “of course” he was upset after testing positive for betamethasone. Baffert testified that he ordered it to be discontinued in his barn after the Longines Kentucky Oaks (G1) was disqualified in 2020 by Gamine for the same substance.
“He couldn’t believe it. He didn’t put more betamethasone in his cage,” Robertson said. “He apologized for (his comments) a few days later. But that wasn’t enough (for the NYRA). Now it has been scientifically proven that there were no violations (in the game). Derby).”
“Dr. Barker sums it up best when he says that there is nothing here that matches the narrative surrounding this case and the actions of the NYRA. This is not doping,” argued Robertson. “One’s livelihood is at stake. He’s put his heart and soul into the sport. He did it in the right way, with class and character… And that’s it. reason three years ago the NYRA elected him to their Hall of Fame.”
Greenberg said the NYRA was not trying to end Baffert’s livelihood, that the organization was seeking to suspend his activities in New York. While Baffert has headquarters in the West Coast and barns in Santa Anita . Park and Del Marhe often sends his horses to compete in the Belmont Racing Festival that runs around the Belmont Stakes (G1) run in June and targets the key races at Saratoga in the summer.
Judge Shewood concluded the hearing and said the summary schedule will be processed in the next few days. The burden of proof on the allegations rests with the NYRA, and the burden of proof on affirmative defenses rests with Baffert.
After the case is briefed, Sherwood is tasked with producing a hearing report that includes the facts, conclusions of law, and recommended course of action. If revocation or suspension of access is found to be warranted, the report must state its duration.
Either party may file exceptions to the report with a panel appointed by the NYRA president within seven days unless the time is extended.
Within 10 days of the end of the exception period, unless extended, the panel is responsible for reaching a final decision that includes a statement setting out the facts on which it was based. As a rule, the panel has the sole discretion to adopt, modify, or reject any or all of the hearing officer’s report including, but not limited to, setting forth due process.
