Saez Drops Kentucky Derby Appeal, Suspended 15 Days
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Photo: Jockey Club of Saudi Arabia/Mahmoud Khaled
Jockey Luis Saez at the Saudi Cup press briefing
The Kentucky Horse Racing Commission has suspended jockey Luis Saez for 15 days for his ride in last year's Kentucky Derby Presented by Woodford Reserve (G1) after the rider withdrew his appeal of that suspension.
The regulator issued its decision May 20, suspending Saez from May 20 through June 3 for his ride aboard Maximum Security. Saez, who leads the country with 132 wins this season, is riding at Gulfstream Park. He began the suspension May 20.
Maximum Security reached the wire first in the Derby but was disqualified for interference when he came out several paths near the five-sixteenths pole in the 1 1/4-mile classic May 4 at Churchill Downs. The stewards ruled that when Maximum Security veered out, he directly interfered with War of Will and caused chain-reaction interference with Long Range Toddy and Bodexpress. He was placed 17th, behind Long Range Toddy. Country House, who reached the wire second, was placed first.
After a film review on May 10, 2019, the stewards called for Saez to be suspended for 15 days in May and June that year for "failure to control his mount and make the proper effort to maintain a straight course, thereby causing interference with several rivals that resulted in the disqualification of his mount." The rider appealed that decision.
Through his Louisville attorney, Ann Oldfather, Saez produced a video that attempted to make the case that other riders and horses had caused or contributed to the foul.
Maximum Security's owners, Gary and Mary West, continue an appeal through federal court. In that case, the Wests appealed the stewards' decision and actions, as well as Kentucky's rule that does not allow for the appeal of interference calls by the stewards—in line with the sport's model rule.
The first court decision went against the Wests. In November, United States District Judge Karen Caldwell ruled that Kentucky regulations clearly state that disqualification decisions are not subject to judicial review, and, furthermore, the disqualification procedure does not implicate an interest protected under the due process clause of the Constitution.
That federal court ruling has been appealed to the United States Court of Appeals for the Sixth Circuit. According to the court's docket, oral arguments are scheduled for June 17.