Luis Saez Camp Argues Rivals Caused Derby Foul

A representative for Luis Saez at a stewards' video review May 10 presented evidence she believes makes the case that other horses were the cause of any interference in the Kentucky Derby Presented by Woodford Reserve (G1) May 4 at Churchill Downs.

At the video review session Friday, the stewards did not take any immediate action against Saez, who finished first across the wire aboard Maximum Security in the Derby but was disqualified for direct interference against War of Will near the 5/16 pole and chain-reaction interference against Long Range Toddy and Bodexpress. 

On behalf of Saez, Louisville, Ky., attorney Ann Oldfather attended Friday's session with the Churchill Downs stewards but said she was not permitted to comment. She said she presented the video to the stewards, but they offered no assurances they'd view it ahead of any decision on possible sanctions.

Oldfather said the stewards likely won't make a decision until May 11 or possibly the evening of May 10. As of 6 p.m. ET, Kentucky chief steward Barbara Borden had not responded to BloodHorse about whether sanctions had been levied.

The video, prepared by Oldfather and Ricky Depass Jr., argues that War of Will raced too closely to Maximum Security, causing contact to which Maximum Security then reacted. It also argues that Country House, racing outside under Flavien Prat, crowded rivals inward in the far turn. Country House finished second and was elevated to victory following the disqualification of Maximum Security.

Matt Muzikar, agent for Tyler Gaffalione, said Friday that his rider did not cause the foul.

"I agree with the stewards' initial decision, which is in line with the vast majority of people in the industry who have viewed the race," Muzikar said. 

Oldfather said the stewards should consider leniency because of the 19-horse field size and the relatively young age of the horses in the Derby. She also contends that Maximum Security was either clear or "seven-eighths clear" of other horses throughout the race.

Oldfather said she's also seeking the high-definition replay of the race from NBC.

On his Twitter page, Gaffalione has argued that he never interfered with any rivals and said Maximum Security caused the problems by veering outward. 

Look at the strip of water. In the first picture MS is inside. Second picture MS comes out herding LRT and BE. Third and fourth photo show that MS comes back in and I took the spot he vacated. Never did I bump or push anyone. pic.twitter.com/DmxIFHxp2K

— Tyler Gaffalione (@Tyler_Gaff) May 7, 2019

Immediately after the race, Saez acknowledged his horse may have came out but said he didn't think he bothered any rivals.

"I thought I never put anybody in danger," Saez said after the race. "My horse shied away from the noise of the crowd and may have ducked out a little."