New hearing officer in Medina Spirit unlikely to re-hear the appeal

LEXINGTON, Ky. – The hearing officer who was appointed to consider an appeal by trainer Bob Baffert and the owner of Medina Spirit has asked attorneys for the connections and the Kentucky Horse Racing Commission to file briefs in the case by Dec. 22, according to attorneys in the case.

The order to file findings of fact and conclusions of law indicates that the hearing officer, Eden Davis Stephens, does not intend to re-hear the appeal after the previous hearing officer, Clay Patrick, recused himself from the case following a six-day hearing in August. Patrick recused himself after Clark Brewster, a lawyer for Medina Spirit’s owner, Amr Zedan, purchased a horse at the Keeneland September sale that Patrick co-owned. Brewster has said he was unaware of Patrick’s co-ownership of the horse.

Stephens had two options in reviewing the appeal – hold an entirely new hearing, or issue a ruling based on the transcripts produced in the August hearing. Under both options, lawyers for the horse’s connections and the KHRC had the ability to file findings of fact and conclusions of law prior to the hearing officer issuing a recommendation in the case.

“The hearing officer could ask for a new hearing or additional testimony after she reads everything, but absent her making that request, I anticipate everything being decided by her reading the transcripts and briefs,” said Craig Robertson, an attorney for Baffert.

Stephens will have 30 days after receiving the briefs to issue her recommendation. The full KHRC can then conduct a vote on whether to accept, modify, or reject the recommendations.

Baffert received a 90-day suspension earlier this year from Kentucky stewards after Medina Spirit tested positive for betamethasone, a regulated anti-inflammatory drug, following the 2021 Derby. Baffert served the suspension earlier this year.

Medina Spirit, who died at the conclusion of a workout at Santa Anita at the end of last year, potentially of a heart issue, was disqualified from the Derby. The purse has yet to be redistributed, however, pending the outcome of the appeal.

Attorneys for Baffert and Zedan have argued that the positive finding was due to the daily application of an ointment to treat a skin condition, and that KHRC rules on betamethasone should not apply to the administration of the ointment, which contained the drug. KHRC attorneys argued that the rules apply regardless of the route of administration.