On Wednesday, Baffert’s Kentucky-based attorney, W. Craig Robertson III, filed a lengthy memorandum in response to NYRA’s argument a week earlier justifying their swift action without due process. NYRA cited his 30 career violations, along with the more recent half dozen offenses in the last year as rationale. They went on to argue they believed his presence and involvement in New York Racing would be damaging to their brand and to the sport, itself. 

 

Baffert’s response this week, arguing that he should have a hearing before the scheduled July 12th court date, centers around lack of due process and actual jurisdiction or authority. And, I must admit, he presents a compelling argument in the case of due process. Two very high profile New York-based trainers caught cheating have been allowed to race during the appeals process. Rick Dutrow, Jr. was finally handed a 10-year ban and a hefty fine in 2011 after being fined almost 70 times for various violations. However, he was allowed to continue to race throughout the 18-month appeals process. Just this year, Linda Rice was suspended for three years for obtaining inside information from racing officials regarding competitors in races she entered or potentially would enter. The appeals process is underway and she is still racing in New York. 

 

One could surmise from this information that Baffert is, in fact, being treated differently and unjustly. I cannot speak to the jurisdiction and authority piece of the objection. Apparently, Baffert and his attorney believe that only the New York Racing Commission can suspend him, and that NYRA does not have that authority. 

 

Will Bob Baffert get a temporary reprieve and be allowed to race at “The Spa” as he so fervently desires? Perhaps. Right now his fate is in the hands of a judge on July 12th. Baffert has a history of big wins involving lots of money and high profile owners at the posh Saratoga meet. A ban will undoubtedly result in loss of income and potentially could damage his future viabilty as a trainer.  California Racing has protected Baffert and his indiscretions for years. It seems that at least Kentucky and New York have grown weary of him. 

 

Finally, Baffert has opted to skip the Haskell at Monmouth with Medina Spirit. I think he must be fairly confident the ban will be lifted and his Kentucky Derby winner will be allowed to run in the Travers at Saratoga. Otherwise, I think Medina Spirit would be in the starting gate in New Jersey on July 17th. More updates to come after the July 12th ruling!!