Judge Rules NYRA Hearing With Baffert Can Proceed

Round Two of the legal battle between Bob Baffert and the New York Racing Association was decided Oct. 5 in NYRA's favor in a manner reminiscent of American Pharoah  's lopsided victory in the 2015 Breeders' Cup Classic (G1).

United States District Court Judge Carol Bagley Amon quickly denied Baffert's civil contempt charges against NYRA, ruling that NYRA did not violate her July 14 order with its announcement last month that it will conduct a disciplinary hearing that could lead to a suspension of the Hall of Fame trainer.

"In order to have a finding of contempt, there needs to be obvious proof of non-compliance with the original ruling and that has not been proven. My ruling bans the enforcement of the May 17 suspension, not its reasoning," Amon said Tuesday in the United States District Court Eastern District of New York courtroom in Brooklyn. "The due process (Baffert) is entitled to is why the suspension was lifted. To create a hearing process does not violate the spirit of that ruling."

The decision paves the way for NYRA to conduct an Oct. 11 pre-hearing scheduling conference with Baffert in front of hearing officer O. Peter Sherwood, a retired New York State Supreme Court Justice, to establish a date for the actual hearing.

"It's disappointing," Baffert's attorney W. Craig Robertson III said about the ruling as he left the courtroom. "We'll see them on Oct. 11 and take it from there."

The contempt charge centered on NYRA's May 17 temporary suspension of Baffert after his Kentucky Derby Presented by Woodford Reserve (G1) winner Medina Spirit  failed a post-race drug test.

Baffert's attorneys filed for an injunction to lift the suspension in federal court and it was granted by Judge Bagley Amon in a July 14 order, citing NYRA's lack of due process for Baffert.

After NYRA established a new set of procedures and protocols for disciplinary hearings, it issued a Sept. 10 announcement of a hearing for Baffert, whose attorneys claimed it violated the spirit of Amon's July ruling.

Shortly after Robertson presented his case Tuesday, claiming NYRA violated "a clear and unambiguous order," Amon began to discredit it.

"I lifted the suspension so (Baffert) can race, which he has, because of a lack of due process," the judge said. "Why do you think that would preclude a hearing? It was not implicit in the court decision that there could not be a hearing. I said your client was due a chance to present his side of the case and answer questions. The hearing is a whole new proceeding."

In presenting NYRA's side, attorney Henry M. Greenberg argued NYRA was giving Baffert what he sought in the July court case by providing him with a hearing.

"NYRA is providing exactly what (Baffert) wanted and what he argued he was entitled to. We took every word and syllable of the order as a guide to establish a process in which he can tell his side to a hearing officer," Greenberg said. "It is clear (Baffert's attorneys) did not meet their burden of proof. A contempt proceeding is not the proper way to challenge the hearing. He will be given a punctilious hearing."

Following Amon's decision on Tuesday, NYRA senior director of communications Pat McKenna said, "We are gratified by the court's decision allowing NYRA to move forward with its administrative hearing against Bob Baffert. The court found that NYRA's actions were consistent with both the letter and spirit of the July 14 order. NYRA's focus in this matter is protecting the integrity of the sport of Thoroughbred racing in accordance with the requirements of due process." 

Unlike the July hearing, Baffert was not present for Tuesday's proceedings.

Since Baffert's suspension was lifted by Amon, the California-based trainer has made seven starts at NYRA tracks, six at Saratoga Race Course and one at Belmont Park. He won the Aug. 28 Ketel One Ballerina Handicap (G1) at Saratoga with Gamine  and an Oct. 3 maiden special weight race with Fenway  at Belmont Park.

NYRA announced its May 17 temporary suspension of Baffert due to five drug violations in the previous year and "other related information."

The court case arose after Zedan Racing Stables' Medina Spirit gave Baffert his record-breaking seventh Kentucky Derby victory May 1. Eight days later it was revealed that the colt's post-race drug test indicated the presence of betamethasone, a corticosteroid banned on race days in Kentucky. A split sample confirmed the original finding.

The Kentucky Horse Racing Commission is awaiting the results of a third test from a lab chosen by the connections of Medina Spirit before it issues a final ruling and determines whether there should be any change to the order of Derby finish or a suspension for Baffert.