Javier Castellano's appeal denied

Javier Castellano's appeal of his six-day suspension for careless riding in last Friday's Breeders' Cup Marathon was denied by the Kentucky Horse Racing Commission, but the jockey received a stay of that denial by a Franklin County Circuit Court Judge on Tuesday afternoon that will enable him to ride in Sunday's Queen Elizabeth Commemorative Cup in Japan.

Castellano was suspended six days for his ride in the Breeders' Cup Marathon, in which he allowed his mount, Prince Will I Am, to come off the rail and interfere with Romp, nearly unseating jockey Martin Garcia. In turn, Romp bothered A.U. Miner and Calvin Borel, who would later seek out and get into a fistfight with Castellano in the Churchill Downs winner's circle.

It is unclear exactly why the racing commission denied Castellano's appeal, although in the last 18 months the commission has attempted to put a stop to what it believes are frivolous appeals.

The primary reason Castellano appealed the suspension was to ride Ave in Sunday's $2.2 million Commemorative Cup in Japan. Castellano has a signed contract to with the Japanese Racing Association to participate in that race, according to his agent, Matt Muzikar.