KHRC won't hear appeal on Kentucky Derby DQ

The Kentucky Horse Racing Commission will not hear an appeal filed Monday morning by the connections of Maximum Security regarding the disqualification of that horse from Saturday’s 145th Kentucky Derby.

The commission, in a letter sent by its general counsel, John L. Forgy, to representatives of Gary and Mary West, owners of Maximum Security, cited Kentucky administrative regulations that the “stewards’ disqualification determination is not subject to appeal.”

Thus, the letter continued, “your request for an appeal is denied.”

That letter was received by the Wests’ attorneys at 5:04 p.m. The Wests filed their appeal at 10:31 a.m., according to co-counsel Karen Murphy. The attorneys representing the Wests are Murphy, who is based in New York, and Barry Stilz, of the Lexington, Ky., firm Kinkead & Stilz.

Murphy did confirm published reports that representatives of the Wests will review videos of the disqualification at Churchill Downs on Thursday.

On Sunday, West told Daily Racing Form that if he could not appeal the stewards’ decision to the racing commission “the only recourse a person would have would be to get it into the federal court system. I don’t know we’re going to do [that]. I want to see the video, I want to understand the facts, I want time to think about it. Had they been cooperative yesterday, it might not have been an issue today, but they weren’t.”

West said Sunday that after the disqualification was made, he had trainer Jason Servis request a meeting between them and the stewards to go over videos of the race, but that request was denied. West said he was told the earliest the stewards would go over the video of the race with him would be Thursday, which is the next day live racing is held at Churchill Downs.

Marc Guilfoil, the executive director of the KHRC, said that the stewards denied West’s request because “one, there were two races left to go on the card, and the other is normal protocol is the race day, which would be Thursday.”

Maximum Security finished first by 1 3/4 lengths in the Kentucky Derby. At the five-sixteenths pole, Maximum Security, under Luis Saez, appeared to get spooked by something, and he came out a few paths. War of Will was making a move outside of Maximum Security when jockey Tyler Gaffalione had to check him. Jon Court also had to check on Long Range Toddy, who had been stalking from second, though it appeared he was stopping.

According to the stewards, Court also claimed foul. However, that was never announced to the public and does not show up in the Equibase chart.

War of Will, meanwhile, kept on battling until the last sixteenth when he flattened out. War of Will finished eighth, beaten 4 1/2 lengths by Maximum Security. Gaffalione did not claim foul. Mark Casse, the trainer of War of Will, said he didn’t think it was worth claiming foul so his horse could move up one position from eighth place. Casse did say the stewards should have put up the inquiry sign, which they did not. Casse also said he agreed with the disqualification of Maximum Security.

“Absolutely, positively,” Casse said.

The stewards met with the media two hours after the Derby was run. Barbara Borden, chief steward for the Kentucky Horse Racing Commission, said the stewards determined that Maximum Security drifted out and impacted the progression of War of Will and in turn caused interference with Long Range Toddy and Bodexpress.

The stewards placed Maximum Security behind Long Range Toddy, who finished 17th.

West said he found it “bizarre” that Prat claimed foul since his horse wasn’t impacted by the incident at the five-sixteenths pole.

“I don’t think we came within 10 or 20 feet of the winner,” West said, referring to Country House. “I think it’s very bizarre that a horse that was not fouled would call a foul. I’ve never heard of such a thing. That’s kind of weird on the surface. With just the normal TV coverage that I was able to see, I couldn’t see everything that I needed to see to make an objective, honest, and fair decision. I mean, if the horse did something wrong, he should come down. Period. Whether it’s my horse or somebody else’s horse. Certainly we did not bother the winner.”

In an interview Monday on the "Today" show, West blasted Churchill Downs for being a “greedy organization” for allowing 20 horses to run in the Kentucky Derby, when most races typically are restricted to 14 horses or fewer. He also said that with 20 horses, the Kentucky Derby is typically a roughly run race.

“In every Kentucky Derby you can sit down two, three, or four horses if you wanted to because it’s like a rodeo out there,” West said.

On Monday, West confirmed that Maximum Security would not run in the Preakness. He said that without the horse going for the Triple Crown, he did not see the need to run him back in two weeks.

Maximum Security is scheduled to arrive at trainer Jason Servis’s Monmouth Park barn on Tuesday.

– additional reporting by Matt Hegarty