NYRA amends charges against Bob Baffert with two further violations reported

The New York Racing Association (NYRA) has updated its statement of charges against trainer Bob Baffert ahead of his disciplinary hearing, which includes two further violations reported by the California Horse Racing Board and an allegation that a CHRB investigation found a medication cabinet with 25 improperly labelled medications.

The updated violations and allegation are among other items added to the NYRA's amended statement of charges ahead of Baffert's hearing, which is set to take place on January 24.

The NYRA's senior director of communications Pat McKenna said: "NYRA has amended its statement of charges issued against Bob Baffert to reflect additional facts, conclusions, and details based on NYRA's ongoing investigation of Mr. Baffert's conduct.

The NYRA hearing rules and procedures provide a formalized mechanism for a respondent to reply to charges and to participate in a hearing in accordance with due process rights.

"Proceedings are fairly and impartially conducted in accordance with NYRA's hearing rules and procedures. Following the proceeding, the hearing officer will issue a report containing findings of fact, conclusions of law, and a recommended disposition."

According to the amended charges in 2019 at Del Mar, two horses trained by Baffert tested positive for phenylbutazone within one week in standard post-race testing.

Del Mar: two of Baffert's horses who raced at the track tested positive for phenylbutazone within one week of each other in 2019Credit: Edward Whitaker

Cruel Intention tested positive following a third-place finish in the Real Good Deal Stakes on July 27, before Eclair tested positive following a fourth-place finish in a maiden special weight race on August 3. Baffert was fined for both violations.

The NYRA's ongoing investigation into the two violations also uncovered a barn inspection performed by CHRB on August 16 that year.

As alleged in the amended statement of charges, the inspection revealed an unlocked medication cabinet, 25 improperly labelled medications, and the presence of unsecured phenylbutazone paste.

The new charges also allege Baffert told a CHRB investigator that he did not know how phenylbutazone entered the system of the horses and that he would be offering a "reward" to solve the case.

The NYRA's charges contain allegations that from July 27, 2019 through prior to the 2021 Kentucky Derby, horses under Baffert's care violated rules and regulations in six separate races. Those violations have been fully adjudicated by the thoroughbred racing regulators in three different states and all resulted in penalties assessed to Baffert.

However, W. Craig Robertson III, an attorney for Baffert, has blasted the timing of the amended charges and their intent.

"The amended charges were not served until December 23. They are untimely, inappropriate, and clearly designed to prejudice Mr Baffert's ability to defend himself at the hearing later this month," Robertson said in an email.

"They reference matters that occurred outside of New York, were thoroughly reviewed and investigated, and decided years ago. None of them resulted in a single suspension of Mr Baffert.

"The NYRA's attempt to ignore the findings of regulatory bodies in other states is just another example of it continuing to act outside of horse racing's regulatory framework in its effort to singularly and vindictively target Mr. Baffert."

The Baffert-trained Medina Spirit, who died suddenly last month, won last year's Kentucky Derby but two post-race drug tests found 21 picograms of the banned substance betamethasone in his system.

Medina Spirit: died suddenly late last yearCredit: Tim Nwachukyu (Getty Images)

According to a statement by Baffert's attorneys on December 3, a third test completed by New York Equine Drug Testing and Research Laboratory director Dr George Maylin confirmed the betamethasone did not come from an injection and the result of the Kentucky Derby should stand.

The Kentucky Horse Racing Commission has yet to announce a final ruling on the results of the Kentucky Derby on May 1.

The statement also lists violations regarding Grade 1 winners Charlatan, Gamine (twice) and Merneith, besides the aforementioned Cruel Intention and Eclair.

It also cites public statements made by Baffert and others regarding his claimed retention of a veterinarian (which did not occur) to ensure against future violations, and the implementation of rule changes by Churchill Downs with respect to the qualifying point structure for the Longines Kentucky Oaks and Kentucky Derby.

In its amended statement of charges, the NYRA claims it has a lawful right to exclude or deny a licensed trainer of thoroughbred horses from its facilities or privileges thereon, subject to the requirements of due process, in accordance with the Matter of Saumell v the NYRA.

The NYRA originally gave Baffert a temporary suspension on May 17, but it was blocked in a federal court two months later because of a lack of due process. In response, they drafted a new set of rules and protocols for disciplinary hearings and scheduled 2022 hearings for Baffert and trainer Marcus Vitali.

The Baffert hearing later this month will take place before the Honorable O. Peter Sherwood, a retired New York State Supreme Court Justice who will serve as hearing officer.

Read more:

Bob Baffert and Medina Spirit owner file lawsuit over Kentucky Derby test result

Kentucky Derby winner under scrutiny after positive post-race test

Kentucky Derby first Medina Spirit collapses and dies after Santa Anita workout

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