KHRC Denies Appeal Request on Derby Disqualification

A request May 6 to appeal the stewards' decision disqualifying Maximum Security from victory in the Kentucky Derby Presented by Woodford Reserve (G1) May 4 at Churchill Downs has been denied by the Kentucky Horse Racing Commission.

The appeal request sent to KHRC executive director Marc Guilfoil May 6 was made by Lexington attorney Barry Stilz on behalf of Maximum Security's owners Gary and Mary West and requested an appeal be heard by the full commission because the stewards actions were, "arbitrary and capricious and did not comply with applicable administrative regulations. Their determination to disqualify Maximum Security is not supported by substantial evidence."

The racing regulator denied the appeal hours later, in a letter from KHRC general counsel John Forgy to Stilz. The letter said the appeal was denied because Kentucky regulations do not allow appeals of stewards' decisions.

"Because the stewards' disqualification determination is not subject to appeal and for the reasons set forth below, your request for an appeal is denied," the letter from Forgy said. "Consequently, your request for stay pending appeal is moot because the law does not provide for an appeal."

The appeal denial letter noted that as a license condition for racing in Kentucky, every licensee agrees to abide by the commission's rules and regulations. It cited the rule that "stewards findings of fact and determination shall be final and not be subject to appeal."

In response to the KHRC's decision, Gary West said, "We will now file suit in the appropriate jurisdiction."

Maximum Security was disqualified from victory in the Derby after the stewards determined he'd interfered with War of Will near the 5/16 pole and caused chain-reaction interference with Long Range Toddy and Bodexpress. Their nearly 22 minute review followed objections by jockeys Jon Court, on Long Range Toddy; and Flavien Prat, aboard Country House.

The stewards determined Maximum Security did not interfere with Country House, who was moved up to victory when Maximum Security was disqualified from first for interference against the other three horses. Maximum Security was placed 17th, behind Long Range Toddy.

In denying the appeal the letter went on to say, "The stewards unanimously disqualified Maximum Security following two objections lodged immediately after the 145th running of the Kentucky Derby and after a thorough review of the race replay, that determination is not subject to an appeal."

The appeal request also asks for all video angles used by the stewards in their decision, recordings of all statements by jockeys, trainers, and others obtained, stewards' notes and any recordings during the 22-minute review.

Additional reporting by Bob Ehalt