Baffert hearing: Trainer could be on the stand again Monday
Trainer Bob Baffert was expected back on the stand as soon as Monday, the fifth day of his Frankfort, Ky., hearing to appeal penalties from Medina Spirit’s failed drug test after the 2021 Kentucky Derby.
Attorney Clark Brewster confirmed Sunday that Baffert would testify to try to make his case that he should not have been suspended 90 days and fined $7,500 by the Kentucky Horse Racing Commission and that Medina Spirit should not have been disqualified as last year’s Derby winner. Craig Robertson, who also represents Baffert, said he expected expert testimony first Monday.
When the appeal hearing began Tuesday, Baffert answered 2 1/2 hours of questions from Jennifer Wolsing, the lead attorney for the KHRC. When he was through, Baffert’s legal team reserved the right to recall him.
Wolsing said in her opening that “this is a very simple case. ... That betamethasone is a class C medication which has been prohibited in Kentucky” at any level in any form on race day and that “this is a regulation that Mr. Baffert is required to know.”
Baffert and his team argued the KHRC rules are “vague and ambiguous” and therefore allowed an ointment application of betamethasone to treat a skin condition. That was how they said Medina Spirit tested positive for that medication nearly 16 months ago.
The KHRC was expected to rest its case Monday morning before Baffert’s side made its case, starting either with more racing officials, veterinary scientists or the star witness himself.
The appeal is being conducted like a court case with Frankfort attorney Clay Patrick serving as the de facto judge. Although the KHRC has been charged with the burden of proof, its 14 members ultimately have the power to accept, revise or reject Patrick’s decision.
If the KHRC does not change its stance, Baffert would have the option to go back to court, first at the circuit level in Franklin County, just a half-mile from the building where the current hearing has been held.
Live Tweets from the Baffert hearing are being posted Monday at @HR_Nation.