Owners of DQ’d Derby winner considering legal options

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The owners of disqualified Kentucky Derby winner Maximum Security are evaluating their legal options after an appeal of the decision was denied by the Kentucky Horse Racing Commission.

Gary and Mary West said in a statement Thursday that they believe with “a just and proper hearing of our case Maximum Security will be restored as the rightful winner of this year’s Kentucky Derby.”

The colt crossed the finish line first only to be DQ’d and placed 17th for interference in the final turn Saturday.

The Wests say Maximum Security’s win “is clearly and convincingly supported by actual video of the race. Those same videos underscore why Maximum Security never should have been disqualified.”

It was the first DQ for interference by a winner in the Derby’s 145-year history.

In denying the Wests’ appeal, they say the racing commission told them it was a “privilege” to participate in horse racing in Kentucky.

The couple says they agree, but that privilege “comes with an obligation for fair, full and transparent treatment by the Commission of its licensees. That did not occur here.”

Meanwhile, stewards at Churchill Downs granted Maximum Security’s jockey Luis Saez additional time to meet with them to review video of his ride in the Derby.

Kentucky chief state steward Barbara Borden told The Blood-Horse that Saez was given an extension since he was riding in New York on Thursday.

The stewards could decide to fine, suspend or take no action against Saez, which is common for any disqualification.

Preakness winner National Treasure has final workout for Belmont Stakes

Tommy Gilligan-USA TODAY Sports
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NEW YORK — Preakness winner National Treasure breezed five furlongs in his final workout for the $1.5 million Belmont Stakes this weekend.

Working on the main track at Belmont Park with exercise rider Erick Garcia aboard, National Treasure was timed in 59.55 seconds and galloped out six furlongs in 1:11.20 and seven furlongs in 1:25.20. It was the second workout on the track for the Bob Baffert-trained colt.

“He worked very well this morning,” said Jimmy Barnes, Baffert’s top assistant. “It’s a big track and you can find yourself lost out there. Erick did an excellent job working him and now we’re just waiting for the race.”

National Treasure was fourth in the Santa Anita Derby before the Preakness on May 20.

Trainer Steve Asmussen’s Red Route One also posted his final work for the final jewel of the Triple Crown, breezing a half-mile in 50.20 seconds over Belmont Park’s dirt training track.

“I thought he went beautiful,” said Toby Sheets, Asmussen’s Belmont-based assistant. “It was nice and fluid and he came back with good energy. I’m very happy with him. We wanted to be out on the track before it got really busy.”

Red Route One finished fourth in the Preakness at Pimlico Race Course, almost five lengths behind National Treasure.

Kentucky Derby winner Mage is not running in the Belmont Stakes.

Churchill Downs moves meet to Ellis Park to examine protocols following 12 horse deaths

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Michael Clevenger and Erik Mohn/USA TODAY NETWORK
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Churchill Downs will suspend racing and move the remainder of its spring meet to Ellis Park in order to conduct a “top-to-bottom” review of safety and surface protocols in the wake of 12 horse fatalities the past month at the home of the Kentucky Derby.

No single factor has been identified as a potential cause for the fatalities or pattern detected, according to a release, but the decision was made to relocate the meet “in an abundance of caution.”

“What has happened at our track is deeply upsetting and absolutely unacceptable,” Churchill Downs Inc. CEO Bill Carstanjen said in Friday’s release. “We need to take more time to conduct a top-to-bottom review of all of the details and circumstances so that we can further strengthen our surface, safety and integrity protocols.”

Racing will continue at Churchill Downs through Sunday before shifting to the CDI-owned racing and gaming facility in Henderson, Kentucky. Ellis Park’s meet was scheduled to start July 7 and run through Aug. 27 but will now expand with Friday’s announcement.

Ellis Park will resume racing on June 10.

The move comes a day after track superintendent Dennis Moore conducted a second independent analysis of Churchill Downs’ racing and training surfaces as part of an emergency summit called this week by the Horseracing Integrity and Safety Authority (HISA) with the track and the Kentucky Horse Racing Commission. Meetings took place in Lexington, Kentucky, and at the Louisville track.

The head of the federally created oversight agency suggested ahead of the summit that it could recommend pausing the meet and that Churchill Downs would accept that recommendation.

Churchill Downs’ release stated that expert testing raised no concerns and concluded that the surface was consistent with the track’s prior measurements. Even so, it chose to relocate “in alignment” with HISA’s recommendation to suspend the meet to allow more time for additional investigation.

“We appreciate their thoughtfulness and cooperation through these challenging moments,” HISA CEO Lisa Lazarus said in a statement. “We will continue to seek answers and work with everyone involved to ensure that horses are running safely at Churchill Downs again in the near future.”

Carstanjen insisted that relocating the remainder of the spring meet to Ellis Park would maintain the industry ecosystem with minor disruption. He also said he was grateful to Kentucky horsemen for their support as they work to find answers.

Rick Hiles, the president of Kentucky Horsemen’s Benevolent and Protective Association, questioned the move, especially since there’s no conclusive evidence that Churchill Downs’ surface is the problem.

“We all want to find solutions that will improve safety for horses,” Hiles said in a statement. “However, we need to discuss allowing trainers and veterinarians to use therapeutic medications that greatly lessen the risk of breakdowns.

“Drastic steps, such as relocating an active race meet, should only be considered when it is certain to make a difference.”

The latest development comes a day after Churchill Downs and HISA each implemented safety and performance standards to address the spate of deaths.

HISA will conduct additional post-entry screening of horses to identify those at increased risk for injury. Its Integrity and Welfare Unit also will collect blood and hair samples for all fatalities for use while investigating a cause.

Churchill Downs announced it would immediately limit horses to four starts during a rolling eight-week period and impose ineligibility standards for poor performers. The track is also pausing incentives, such as trainer start bonuses and limiting purse payouts to the top five finishers instead of every finisher.