Hearing officer recuses himself in Baffert case

The hearing officer who was set to issue recommendations in an appeal filed by the connections of Medina Spirit over the colt’s disqualification from last year’s Kentucky Derby has recused himself after one of the lawyers in the case bought a horse at auction that the hearing officer co-owned, according to officials involved.

Clay Patrick, a Frankfort lawyer who is also involved in breeding partnerships, stepped down earlier this week after Clark Brewster, an attorney representing Medina Spirit’s owner, informed the Kentucky Horse Racing Commission that he had unknowingly bought a horse at the Keeneland September yearling sale on Sept. 7 that was co-bred by Patrick, Brewster and KHRC officials said.

In an interview, Brewster said that he was unaware at the time of the purchase that Patrick was the colt’s co-breeder. Brewster won the bidding on the horse at $190,000.

“I can tell you I had no idea who owned the horse, nor is that ever a relevant factor when I am buying a horse,” Brewster said.

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The recusal, which was first reported by The Paulick Report, could upend a case that has meandered through a series of legal twists and turns since Medina Spirit was reported to have tested positive for betamethasone, a regulated corticosteroid, following his win in the Kentucky Derby 16 months ago.

Following multiple legal maneuvers, penalties for the violation were not handed out until February of this year. Medina Spirit’s trainer, Bob Baffert, has already served a 90-day suspension for the positive after the KHRC denied a stay of the penalty until his appeal could be heard. Medina Spirit died in December of last year of a suspected cardiac event following a workout at Santa Anita.

Kristin Voskuhl, a spokesperson for the KHRC, confirmed the recusal on Thursday and said that the “next steps will be determined by the new hearing officer, once assigned.” The two primary options would be to re-hear the appeal or allow the hearing officer to make their recommendations on a review of the transcripts.

Patrick, who was appointed by the KHRC, presided over a six-day hearing held in August examining the case.

Patrick is also a co-owner of Ramspring Farm, a Thoroughbred operation in Franklin County that was started by Patrick’s father. Patrick is listed on the farm’s website as overseeing “the daily operations and sales of the farm.”

Brewster has bought and raced horses for 25 years, and his primary trainer is Hall of Famer Steve Asmussen. Brewster, who is based in Oklahoma, has represented a number of trainers in adjudications over drug positives, including Asmussen.

The colt Brewster bought, hip 409, by More Than Ready out of Road of Honor, was bred by Ramspring Farm, Milan Farm, and Patrick, and offered through the Taylor Made consignment. Catalog pages at auctions do not list the breeders unless the breeders specifically request the information to be listed, and the printed catalog page for hip 409 did not list the colt’s breeders, nor did the records available through Keeneland’s on-line catalog.

Brewster said that the colt was short-listed by both Asmussen and a sales advisor, Susan Montanye. Brewster bought five horses over the first three days of the sale, and said that he bid on “40 to 50” horses, without once thinking about whether his bids might impact the Baffert appeal.

“I have been buying at Keeneland for 25 years,” Brewster said. “It has never crossed my mind once that I would have to figure out who the owner is. I had no inkling.”

Brewster said that after the sale, when doing additional research on the colt’s mare, he discovered the link to Ramspring Farm. At that point, he had already cut a check to Keeneland and the colt was on his way to Florida. He said he immediately called Jennifer Wolsing, the general counsel of the KHRC, to inform her of the potential conflict of interest.

Patrick initially said that he did not believe the sale would impact his recommendations in the case, but the KHRC asked him to step down, according to Brewster.

Following concluding remarks in the appeals hearing on Aug. 30, Patrick told the two sides that Kentucky regulations required him to issue his recommendations in the case 60 days after he receives the transcript of the hearing. At the same time, he gave both sides 30 days after receiving the hearing’s transcript to submit their “findings of fact and conclusions of law.”

Under KHRC regulations for appeals hearings, the KHRC can vote to accept, reject, or modify a hearing officer’s recommendations.

That process will, at the very least, be suspended until a new hearing officer is appointed. The KHRC has the sole discretion in appointing a new hearing officer.

Brewster said that he believed Patrick did a “tremendous” job hearing the case.

“I would love to have had him stay in the case,” Brewster said.

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