Briefs, Not New Hearing, Ordered in Medina Spirit Case

An order entered in the Medina Spirit disqualification appeal indicates the case is unlikely to be tried a second time following the recusal of the original hearing officer. Instead, the new hearing officer appears to be poised to make a recommendation based on the existing record.

Since Eden Davis Stephens was appointed to replace Clayton Patrick as hearing officer Oct. 3, she has issued one order. Dated Oct. 31, it requires attorneys for the Kentucky Horse Racing Commission, trainer Bob Baffert, and owner Amr Zedan to submit proposed findings of fact and conclusions of law tied to evidence produced in August during a marathon six-day appeal hearing in Frankfort, Ky. The order also allows the filing of briefs or written arguments.  

The order, obtained by BloodHorse via an open records request, requires all filings be made by a single deadline, Dec. 22.

Compliance with the order by attorneys will place Stephens in position to issue a recommendation to the KHRC to affirm or reverse the stewards' disqualification of Medina Spirit from his win in the 2021 Kentucky Derby Presented by Woodford Reserve (G1). The KHRC, in making its decision, is not bound by the hearing officer's recommendation.

Patrick recused himself after he discovered Clark Brewster, Zedan's lawyer, bought a horse partially owned by Patrick and his farm at the Keeneland September Yearling Sale. Brewster said he didn't know the horse belonged to Patrick and urged Patrick to stay on the case. Patrick decided an appearance of impropriety was created, triggering an ethical problem, and he recused.