Bob Baffert’s ongoing Kentucky legal saga is headed for another appeal.
Last month, the Hall of Fame trainer Baffert was suspended 90 days by Kentucky Horse Racing Commission stewards and fined $7,500. The discipline came as a result of Baffert’s horse, the late Medina Spirit, testing positive for a banned corticosteroid after winning the 2021 Kentucky Derby. The suspension was scheduled to begin March 8 and extend through June 5.
Baffert appealed that ruling.
But Franklin Circuit Court Judge Thomas Wingate on Monday denied Baffert’s request to stay the suspension, although Wingate did move the start date to April 4 so the trainer’s legal team can file an appeal.
“We are disappointed with the decision of the Franklin Circuit Court denying a stay of the Stewards Rulings,” Baffert’s attorney Clark Brewster said in a statement. “Given the importance of the matter, we intend to immediately appeal to the Kentucky Court of Appeals.”
Brewster said in a separate interview last month that there was “no question the substance in (Medina Spirit) came from a salve,” and that Baffert, 69, violated no rules when he treated the colt with an ointment that contained betamethasone, a drug used to reduce inflammation and pain. Brewster maintains that since Baffert did not administer the drug through an injection, Baffert should not be punished.
“That was proven, not only scientifically, but from record keeping,” said Brewster last month. “The rule dealing with the use of betamethasone only as an intra-articular injectable was never violated.”
The KHRC three-member panel of stewards came to a different conclusion, however, and not only issued the ban and fine against Baffert, but stripped Medina Spirit of the 2021 Derby win. The official ‘21 Derby winner is now recognized as Mandaloun, and the $1.8 million first-place purse was awarded to Mandaloun’s connections.
Medina Spirit died on December 6 in Santa Anita, California during a workout.
It is only the third time in the 147-year history of the Derby that a first-place finisher has been disqualified.
Wingate said in his ruling Monday that “the court understands the gravity of this ruling,” but, Wingate added, “absent relief from a reviewing court, the penalties imposed by Stewards Rulings 21-0009 and 21-0010 shall take effect on April 4, 2022.”
“I am truly shocked. There is no real dispute that the Medina Spirit positive came from the use of an ointment on his skin,” said Baffert in a statement. “No trainer has ever been fined or suspended for use of a topical salve, according to the KHRC. No trainer has been denied a stay of the stewards ruling pending a good faith appeal and basic due process. I want to trust in the system but my confidence is being tested.”
If Wingate’s ruling is upheld, Baffert’s suspension would begin when the qualifying season for the Kentucky Derby is winding down. In a broader sense, Baffert would be in jeopardy of missing all three legs of the 2022 Triple Crown: the Derby (scheduled for May 7); the Preakness (May 21); and the Belmont Stakes (June 11).
Earlier this year, Baffert had threatened legal action against Churchill Downs, and Brewster said last month that a decision on that lawsuit was still to be determined.
“We were always hopeful that when people saw the facts and rules, that this matter was over,” said Brewster last month.
Source: https://www.forbes.com/sites/christianred/2022/03/21/bob-baffert-is-denied-a-stay-of-his-90-day-suspension-by-a-kentucky-circuit-court-judge/