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Determined to have the final say on who can race on racetracks, the New York Racing Association on Friday accused embattled coach Bob Baffert of “harmful conduct” to the sport and “potentially harmful” behavior to both horses and riders. .
At the same time, the association established a hearing process, which it said would allow trainers, jockeys and owners to take legal action.
Baffert suspended After colt Medina Spirit from Saratoga Racecourse, Belmont Park and Aqueduct Racecourse in May, Winner of the Kentucky DerbyFailed a post-race drug test at Churchill Downs.
However, Judge Carol Bagley Amon of the US District Court for the Eastern District of New York overturned the suspension, ruling that Baffert was not given the opportunity to respond to the allegations against him.
Amon said a post-adjournment hearing is required under the Constitution, where Baffert can refute any allegations against him. But he said the racing association “hardly held a hearing.”
David O’Rourke, president and CEO of the association, said the new trial rules and procedures will meet the requirements of due process in the cases of Baffert and Marcus J. Vitali, a trainer facing a similar charge.
“NYRA has a responsibility to protect the integrity of thoroughbred racing,” O’Rourke said.
Baffert’s lawyers were not immediately available for comment.
Medina Spirit crossed the finish line first at the Derby on May 1, but failed a post-race test for a banned corticosteroid. Known as America’s greatest horse race, the outcome of the race has since been challenged in state and federal courts.
Baffert’s lawyers requested additional tests of the Derby sample and they were given it. They hope to support their argument that the betamethasone in Medina Spirit comes from an ointment to treat a skin condition, not an injection to improve foal performance.
Last month, Baffert-trained Gamine won the $500,000 Ballerina Stakes at Saratoga. Gamine is considered the fastest mare in the world; His only 10-start defeat was a third-place finish at the Kentucky Oaks last year.
But Gamine was disqualified after testing positive for the same drug that put Medina Spirit’s Derby victory into uncertainty. The two violations were among the five Bafferts arrested at 13 months.
Still, a possible Derby disqualification is bound to stick in the courts months and years later. First, Kentucky race officials will hold a hearing and make a decision. If they disqualify Medina Spirit and suspend or punish Baffert, she can appeal to full state commission. If the negative decision is still not overturned, it may seek a solution in the civil court.
In 1968, Dancer’s Image’s Derby victory was called off after a drug test showed the presence of a banned anti-inflammatory drug. It took four years for the horse to be irrevocably disqualified.
O Peter Sherwood, a retired New York Supreme Court judge, will hear the NYRA’s case against Baffert on September 27.
Another trainer, Vitali, is facing similar charges and will appear in court on September 30. Robert S SmithHe is a retired judge of the New York Court of Appeals.
Over the past five years, Vitali has been accused of “denied entry, expelled, and/or licensing applications by thoroughbred racing regulators in Florida, Pennsylvania, West Virginia, New York, and Delaware” and “The Jockey Club, with prohibited or restricted drugs, drugs, or substances.” for violating a relevant racing statute, rule or regulation seven times in a year.”
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