Kentucky appeals court denies Baffert’s motion for stay

Associated PressApr 2, 2022, 12:46 AM EDT

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FRANKFORT, Ky. — The Kentucky Court of Appeals rejected trainer Bob Baffert’s motion for emergency relief from a 90-day suspension.

As a result of the order signed by Acting Chief Judge Allison Jones, the Hall of Fame trainer’s suspension is scheduled to begin on Monday.

“The Court emphasizes that it makes no determination of the merits of Baffert’s contentions of error,” Jones wrote. “The underlying motions for interlocutory relief along with any additional, dispositive motions shall be assigned to a three-Judge panel of this Court following expiration of the response time provided in the Civil Rules.”

Signage outside Baffert’s barn at Santa Anita was removed as part of a California Horse Racing Board rule that mandates any trainer who is suspended for 60 days or more be banned from all CHRB-licensed facilities.

Baffert had already transferred four promising 3-year-old colts to other trainers so they can run in major prep races and potentially earn points to qualify for the Kentucky Derby on May 7. One of those, Doppelganger, is entered in Saturday’s $1.25 million Arkansas Derby.

Churchill Downs has suspended Baffert for the 2022 and 2023 Kentucky Derbies. Baffert is fighting that ban in federal court.

The suspension will be honored in all 38 racing states.

“We were disappointed by today’s decision, but it’s important to understand that the court made it clear that it denied the stay purely on procedural grounds and not on the merits, all of which point to Bob ultimately winning this case,” said Clark Brewster, an attorney for Baffert.

Baffert has repeatedly come up short in his other attempts to obtain a stay order, including from Marc Guilfoil, executive director of the Kentucky Horse Racing Commission, and Franklin Circuit Judge Thomas Wingate, who turned down Baffert’s request on March 21.

“We will continue to fight for Bob’s ability to race and win in Kentucky and against the injustice of KHRC against Bob,” Brewster said.

The Hall of Fame trainer’s suspension is the result of medication violations involving some of his horses, including Medina Spirit. The colt finished first in the 2021 Kentucky Derby and tested positive after the race for the corticosteroid betamethasone, which is not allowed in Kentucky on race day. Medina Spirit was later disqualified.

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

Associated PressJun 2, 2023, 6:39 PM EDT

Michael Clevenger and Erik Mohn/USA TODAY NETWORK

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.

Forte works out, waits for Belmont Stakes clearance

Associated PressMay 27, 2023, 3:14 PM EDT

Matt Stone/USA TODAY NETWORK

NEW YORK — Forte, the early Kentucky Derby favorite who was scratched on the day of the race, worked out in preparation for a possible start in the Belmont Stakes on June 10.

Under regular rider Irad Ortiz Jr., Forte worked five-eighths of a mile for Hall of Fame trainer Todd Pletcher. It was the colt’s second workout since being scratched from the Derby on May 6.

“It seems like he’s maintained his fitness level,” Pletcher said. “It seems like everything is in good order.”

Forte was placed on a mandatory 14-day veterinary list after being scratched from the Derby because of a bruised right front foot. In order to be removed from the list, the colt had to work in front of a state veterinarian and give a blood sample afterward, the results of which take five days.

“There’s protocols in place and we had to adhere to those and we’re happy that everything went smoothly,” Pletcher said. “We felt confident the horse was in good order or we wouldn’t have been out there twice in the last six days, but you still want to make sure everything went smoothly and we’re happy everything did go well.”

Pletcher said Kingsbarns, who finished 14th in the Kentucky Derby, will miss the Belmont. The colt is showing signs of colic, although he is fine, the trainer said.

Another Pletcher-trained horse, Prove Worthy, is under consideration for the Belmont. He also has Tapit Trice, who finished seventh in the Derby, being pointed toward the Belmont.