Last month, the Baffert-trained Gamine won the $500,000 Ballerina Stakes at Saratoga. Gamine is considered the fastest filly in the world; her lone defeat in 10 starts was a third-place finish in last year’s Kentucky Oaks.
Gamine was disqualified, however, after testing positive for the same drug that has put Medina Spirit’s Derby victory in limbo. The two violations were among five Baffert racked up in 13 months.
Still, a possible Derby disqualification is months away and destined to be tied up in the courts for years. First, Kentucky racing officials will conduct a hearing and issue a ruling. If they disqualify Medina Spirit and either suspend or fine Baffert, he could appeal to the full state commission. If the unfavorable ruling is still not overturned, he could pursue a remedy in civil court.
In 1968, the Derby victory by Dancer’s Image was rescinded after a drug test showed the presence of a banned anti-inflammatory drug. It took four years before the horse was irrevocably disqualified.
O. Peter Sherwood, a retired New York Supreme Court justice, will hear NYRA’s case against Baffert on Sept. 27.
Vitali, another trainer, faces similar charges and will have a hearing on Sept. 30 before Robert S. Smith, a retired judge of the New York Court of Appeals.
In the past five years, Vitali was “denied entry, ejected and/or had license applications denied by regulators of thoroughbred racing in Florida, Pennsylvania, West Virginia, New York and Delaware,” according to the charges, “and was sanctioned by the Jockey Club for violating a racing statute, rule or regulation relating to prohibited or restricted drugs, medications or substances seven times in a single year.”