Baffert awaits judge’s Derby suspension ruling
LOUISVILLE, Ky. – Three months until the Kentucky Derby, Hall of Fame trainer Bob Baffert can only wait and see if he’ll get a chance to compete.
“As a horse trainer,” Baffert said, “I’m very patient.”
So it stands after a hearing Friday in U.S. District Court regarding Baffert’s request for a temporary injunction to lift his suspension from Churchill Downs. He’s hoping to be able to enter horses during the spring meet, scheduled for April 29-July 3. That includes the Kentucky Oaks on May 5 and the Kentucky Derby on May 6.
Judge Rebecca Grady Jennings heard four hours of arguments and testimony Thursday. Jennings gave little indication after Friday’s hearing when she will issue a ruling on Churchill Downs’ request to dismiss the case and Baffert’s request for a temporary injunction.
Clark Brewster, Baffert’s lawyer, said he expects a ruling in the “next several days.”
In June 2021, Churchill Downs announced a two-year suspension of Baffert. He appeared to have a wouldbe-record seventh Kentucky Derby winner in Medina Spirit, who crossed the finish line first in the 2021 Run for the Roses but ultimately was disqualified after a race-day blood test revealed traces of betamethasone.
It was that violation that led Churchill Downs to ban Baffert at the track through the 2023 spring meet.
Before Friday’s hearing, Jennings reviewed four key points she would consider regarding testimony on the request for a temporary injunction:
• The actions of Churchill Downs in suspending Baffert.
• Whether Churchill Downs is legally entitled to suspend Baffert.
• If legally entitled to suspend Baffert, is there a process to follow?
• If there’s a process, did Churchill Downs follow it?
During nearly two hours on the stand Friday, Baffert said he was not consulted by Churchill Downs officials before it issued a press release announcing the suspension.
“I finally got to tell my story in a non-biased atmosphere,” Baffert said. “I’m hoping for the best.”
Over the two days, Brewster repeatedly tried to establish Churchill Downs as an agent of the state of Kentucky, rather than a private company, trying to bring into question whether Churchill had the ability to suspend Baffert without due process.
“We learned everything they knew before they made their decision … and they knew nothing,” Brewster said. “Hopefully now after they’ve reviewed the materials and the testimony, somewhere along the way somebody will have the integrity and honesty to do the right thing and get rid of this so-called suspension. It’s completely without a foundation. … They just heard a press conference and lashed out.”
During testimony Friday, track President Mike Anderson repeatedly referred to Churchill Downs as a “private company” and added the company had the right to take “immediate action to protect its reputation and integrity.”
Baffert was asked about statements he made immediately after the 2021 Kentucky Derby, stating betamethasone never was used on Medina Spirit and there was “something devious going on in Kentucky.” Baffert said he later found out betamethasone was an ingredient in an ointment used to treat a fungal infection Medina Spirit had.
“My mind was crazy,” Baffert said Friday. “I was rambling. … My state of mind was just off the charts. I knew my life was going to change.”
Baffert transferred two of his horses to fellow trainer Tim Yakteen so they could run in last year’s Kentucky Derby. Both horses finished out of the money: Taiba in 12th place and Messier 15th.
A new rule will force Baffert’s hand much earlier this year. The 2023 Triple Crown nomination form includes the following stipulation: “Horses under the care of any suspended trainer or affiliates may be transferred to a non-suspended trainer and become eligible for earning points on a forward-looking basis so long as the transfer is complete by February 28, 2023.”
That means Baffert can’t wait until March or April to transfer his horses to eligible trainers, as he did last year when Taiba and Messier ran 1-2 for Yakteen in the April 9 Santa Anita Derby and earned enough points to qualify for the Kentucky Derby.
Baffert is training several promising 3-year-olds this year. Leading the way is Arabian Knight, a son of Uncle Mo and a winner in two career starts.