Baffert appears before Kentucky stewards in hearing on betamethasone positive

LEXINGTON, Ky. -- Kentucky stewards conducted a hearing on Monday with trainer Bob Baffert and his legal counsel to consider a positive test for the regulated anti-inflammatory betamethasone in the post-race sample of Medina Spirit after the horse won last year’s Kentucky Derby, according to one of Baffert’s attorneys.

Craig Robertson, the Lexington-based attorney for Baffert, said on Tuesday morning that the hearing lasted approximately three hours and included testimony, affidavits, and depositions. Baffert appeared in person to provide testimony, along with Dr. Steven Barker, the former director of the Louisiana state drug-testing laboratory.

Robertson reiterated that Medina Spirit tested positive because the colt received daily treatments of a skin ointment containing betamethasone in the lead-up to the Derby, and that Kentucky’s current regulations regarding the drug applies only to the injectable form of the corticosteroid, which is most commonly used to treat inflammation in joints.

“The argument was that there was no rule violation, and that the case needs to be dismissed,” Robertson said.

KHRC rules prohibit the commission or its stewards from commenting on medication cases until a ruling is released by stewards. Robertson said that it is unclear when a ruling might be released.

“They didn’t want to put a time frame on it, which I totally understand,” Robertson said. “They have a lot of evidence to consider, and I understand and respect that.”

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Kentucky regulations require horses to be disqualified for betamethasone positives, but Baffert’s attorneys have argued that the rule applies only to the injectable form of the drug, betamethasone acetate, rather than betamethasone valerate, which is the compound found in the ointment allegedly applied to Medina Spirit. Attorneys for Baffert had a portion of the horse’s post-race sample tested for betamethasone valerate and other compounds found in the ointment, and they have said that those tests prove that the betamethasone found in the sample came from the skin treatment.

Robertson said that Baffert would appeal any ruling that resulted in Medina Spirit being disqualified or any penalty applied to the trainer, who won his record seventh Derby with the colt. Any appeal would be heard by the Kentucky Horse Racing Commission, and those appeals are conducted in a more quasi-judicial setting than stewards’ hearings.

“If there is a disqualification or if there is any punishment for Mr. Baffert, we would appeal,” Robertson said. “We feel strongly about the case and the scientific evidence that we have, in relation to the specific rules in Kentucky.”

Baffert has been banned by Churchill Downs through the 2023 Derby due to the positive. The trainer has several leading contenders for the Derby this year.