What’s next for Baffert in Kentucky, federal court cases?

The web of legal issues surrounding the late Medina Spirit’s positive drug test for betamethasone has grown thicker in recent months. With court cases moving in both Kentucky and federal jurisdictions, here is an update on the various parts of trainer Bob Baffert’s legal situation.

Kentucky case

On Monday, Baffert's appeal for a stay of his 90-day suspension was rejected by judge Thomas Wingate of Kentucky’s Franklin Circuit Court. Baffert had filed a complaint against the Kentucky Horse Racing Commission to try to force the stay.

Clark Brewster, who represents both Baffert and Medina Spirit owner Amr Zedan, issued a statement Monday, vowing to immediately appeal the case to the Kentucky Court of Appeals. Wingate’s order specified Baffert’s suspension will go into effect April 4 unless that court grants relief.

“We are disappointed with the decision of the Franklin Circuit Court denying a stay of the stewards rulings,” Brewster said in the statement.

The appeals court is the second-highest appellate court in the state. Fifty years ago it was the final step in the long legal road that followed the disqualification of Dancer’s Image, settling the issue of a failed drug test that cost him his victory in the 1968 Derby.

At that time the Court of Appeals was the highest in Kentucky, with the state’s Supreme Court not being created until 1975. If he loses in the Court of Appeals, Baffert could attempt to have the Kentucky Supreme Court hear the case.

Away from the courts, for the time being, is Baffert’s appeal to the KHRC of his suspension, his $7,500 fine and Medina Spirit’s disqualification from his 2021 Kentucky Derby win. The trainer’s hearing before the commission is scheduled to begin April 17.

If he loses that appeal, he could bring it back to the Franklin Circuit Court to seek relief.

Federal case

Separate from the KHRC case, Baffert has sued Churchill Downs Inc. in federal court. The trainer asked the court in the Western District of Kentucky to force CDI to allow him to run at its tracks and honor Ketucky Derby qualifying points earned by his horses.

CDI has yet to file a response to Baffert’s claims in that case. As it stands, the company has until next Tuesday to file, although Baffert and company have tried to expedite the case.

An initial request to speed up the case was denied by the court. But a second effort to expedite was not immediately thrown out, with a filing from Baffert’s team claiming CDI had agreed to a hearing April 13 or 14.

Judge Rebecca Grady Jennings gave CDI five days from the entry of the order Thursday to respond with confirmation that it was agreeable to those dates.

April 13 and 14 fall the week after the last of the 100-40-20-10 point Kentucky Derby prep races. The only prep remaining after the hearing would be the Lexington Stakes (G3) on April 16, a 20-8-4-2 prep.