Saez Review Continued as Wests Consider Legal Options

Stewards at Churchill Downs May 9 granted jockey Luis Saez a continuance from video review of his ride aboard Maximum Security in the $3 million Kentucky Derby Presented by Woodford Reserve (G1) May 4 at the Louisville track.

Saez and Maximum Security reached the wire first after a frontrunning effort in the 1 1/4-mile Derby but were disqualified to 17th for direct interference with War of Will near the 5/16 pole and chain-reaction interference with Long Range Toddy and Bodexpress.

Kentucky chief state steward Barbara Borden said Saez was granted an extension, which is quite common. Saez was riding May 9 at Belmont Park, where he was scheduled to ride in eight races.

Meanwhile, Maximum Security's owners, Gary and Mary West, released a statement May 9 reiterating that they are considering legal options after the Kentucky Horse Racing Commission denied their appeal May 6. 

"We remain convinced that our horse, Maximum Security, was the best horse in the 145th Kentucky Derby and that his decisive win on Saturday, May 4, is clearly and convincingly supported by the actual video of the race," the Wests said in a statement. "Those same videos underscore why Maximum Security never should have been disqualified.

"Following this unprecedented decision by the Churchill Downs stewards, we immediately sought to understand why our horse was taken down by reviewing video footage with the stewards. Our request was declined."

Gary West had hoped to review the call with the stewards the evening of the Derby. Borden said the stewards were not able to review the video with West or trainer Jason Servis after Saturday's race because there were two races remaining on the card and, typically, reviews are not conducted on the same day stewards' decisions are made.

Borden said Sunday evening that West would be welcome to attend Thursday's video session or schedule an alternate time. Gary West did not attend the session ahead of the Churchill Downs evening card.

In their statement, the Wests questioned the commission's fairness and transparency.

"In denying our request, counsel for the Kentucky Horse Racing Commission reminded us that it was a 'privilege' to participate in horse racing in Kentucky," the Wests' statement said. "And we agree—however, that 'privilege' comes with an obligation for fair, full, and transparent treatment by the Commission of its licensees. That did not occur here."

A letter denying the appeal from KHRC general counsel John Forgy to the Wests' attorney, Barry Stilz, said 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. 

"Faced with the commission's denial of any recourse, we are left to evaluate our legal options, which we are now doing," the Wests said in Thursday's statement. "We believe that with a just and proper hearing of our case, Maximum Security will be restored as the rightful winner of this year's Kentucky Derby."