Drug Violations, Mislabeling in NYRA's Baffert Charges

The New York Racing Association has updated its statement of charges against trainer Bob Baffert in advance of a Jan. 24 disciplinary hearing, adding, among other items, two 2019 violations reported by the California Horse Racing Board and an allegation that a CHRB investigation found a medication cabinet with 25 improperly labeled medications.

"NYRA has amended its statement of charges issued against Bob Baffert to reflect additional facts, conclusions, and details based on NYRA's ongoing investigation of Mr. Baffert's conduct. The NYRA Hearing Rules and Procedures provide a formalized mechanism for a respondent to reply to charges and to participate in a hearing in accordance with due process rights," NYRA senior director of communications Pat McKenna said. "A designated hearing officer will ensure the proceedings are fairly and impartially conducted in accordance with NYRA's Hearing Rules and Procedures. Following the proceeding, the hearing officer will issue a report containing findings of fact, conclusions of law, and a recommended disposition."

According to the amended charges, in 2019 at Del Mar, two horses trained by Baffert tested positive for phenylbutazone within one week in standard post-race testing. Cruel Intention  tested positive following a third-place finish in the Real Good Deal Stakes on July 27, 2019. Eclair  then tested positive following a fourth-place finish in an Aug. 3, 2019 maiden special weight race. Baffert was fined for both violations.

NYRA's ongoing investigation into the two violations also uncovered an Aug. 16, 2019 barn inspection performed by CHRB. As alleged in the amended statement of charges, the inspection revealed an unlocked medication cabinet, 25 improperly labeled medications, and the presence of unsecured phenylbutazone paste. Additionally, the new charges allege Baffert told a CHRB investigator that he did not know how phenylbutazone entered the system of the horses and that he would be offering a "reward" to solve the case.

NYRA's charges contain allegations that from July 27, 2019 through prior to the 2021 Kentucky Derby Presented by Woodford Reserve (G1) horses under Baffert's care violated rules and regulations in six separate races. Those violations have been fully adjudicated by the Thoroughbred racing regulators in three different states and all resulted in penalties assessed to Baffert.

W. Craig Roberston III, an attorney for Baffert, blasted the timing of the amended charges and their intent.

"The Amended Charges were not served until Dec. 23. They are untimely, inappropriate, and clearly designed to prejudice Mr. Baffert's ability to defend himself at the hearing later this month," Robertson said in an email. "They reference matters that occurred outside of New York, were thoroughly reviewed and investigated, and decided years ago. None of them resulted in a single suspension of Mr. Baffert. NYRA's attempt to ignore the findings of regulatory bodies in other states is just another example of it continuing to act outside of horse racing's regulatory framework in its effort to singularly and vindictively target Mr. Baffert."

The Baffert-trained Medina Spirit, who died suddenly last month, won last year's Kentucky Derby but two post-race drug tests found 21 picograms of the banned substance betamethasone in his system. According to a Dec. 3 statement by Baffert's attorneys, a third test completed by New York Equine Drug Testing and Research Laboratory director Dr. George Maylin confirmed the betamethasone did not come from an injection and the result of the Kentucky Derby should stand.

The Kentucky Horse Racing Commission has yet to announce a final ruling on the results of the May 1 Kentucky Derby.

The statement also lists violations pertaining to Charlatan  , Gamine  (twice), and Merneith , besides the aforementioned Cruel Intention and Eclair.

It also cites public statements made by Baffert and others regarding his claimed retention of a veterinarian (which did not occur) to ensure against future violations, and the implementation of rule changes by Churchill Downs with respect to the qualifying point structure for the Longines Kentucky Oaks (G1) and Kentucky Derby. 

In its amended statement of charges, NYRA claims it has a lawful right to exclude or deny a licensed trainer of Thoroughbred horses from its facilities or privileges thereon, subject to the requirements of due process, in accordance with the Matter of Saumell v. N.Y. Racing Association.

NYRA originally slapped Baffert with a temporary suspension May 17, but it was blocked in federal court two months later because of a lack of due process. In response, NYRA drafted a new set of rules and protocols for disciplinary hearings and scheduled 2022 hearings for Baffert and trainer Marcus Vitali.

The Jan. 24 Baffert hearing will take place before the Honorable O. Peter Sherwood, a retired New York State Supreme Court Justice who will serve as hearing officer.