Could Bob Baffert see a 2-year NYRA suspension? This hearing officer is recommending it

The end of the 90-day suspension that will prevent Bob Baffert from training horses throughout the 2022 Triple Crown races will likely mark the start of a longer suspension by the New York Racing Association.

Judge O. Peter Sherwood, the retired New York State Supreme Court Justice who served as hearing officer in Baffert's NYRA disciplinary case, has recommended the Hall of Fame trainer be suspended for two years from NYRA's three racetracks: Aqueduct, Belmont and Saratoga.

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Sherwood's recommendation is that the suspension not begin until Baffert has served the entirety of his 90-day suspension by the Kentucky Horse Racing Commission, which could keep Baffert from competing in the Belmont Stakes, the third leg of racing's Triple Crown, through 2024.

"NYRA has reasonably concluded that it will not condone Baffert’s reckless practices, outrageous behavior and substance violations, each of which compromises the integrity of the sport," Sherwood wrote. "I conclude that NYRA has reasonably determined that he should be excluded from the racetracks for a lengthy period."

Though the Jockey Club and the Association of Racing Commissioners International show Baffert has been held responsible for more than 30 drug violations during his career, none of them occurred in New York state. But in the wake of the betamethasone positive that ultimately led to Medina Spirit's disqualification from the 2021 Kentucky Derby, NYRA suspended Baffert indefinitely.

U.S. District Judge Carol Bagley Amon gave Baffert a temporary reprieve by ruling that NYRA's suspension was improper because the organization failed to provide him a hearing before rendering its decision. This led to NYRA's second attempt to impose discipline, alleging conduct detrimental to thoroughbred racing, to the health and safety of horses and jockeys, and that his actions had negatively impacted public confidence in the sport.

In a January hearing before Sherwood, NYRA attorney Henry Greenberg said Baffert had taken a "wrecking ball" to racing's integrity.

Craig Robertson, representing Baffert, described NYRA’s rhetoric then as “feigned outrage,” citing its failure to suspend other horsemen with similar or more serious drug issues and the conflicts of interest and alleged ulterior motives of its members.

“The unfairness, the bias, the vindictiveness of NYRA has no bounds,” Robertson said.

The Bob Baffert story: The Bob Baffert story: Famed Triple Crown wins and a long history of failed drug tests

Sherwood was unmoved by Baffert's arguments, concluding NYRA had met its burden of proof on all three of its central charges. He referenced Churchill Downs' two-year suspension of Baffert as a guideline for his recommendation, saying "Baffert has not established grounds for any shorter exclusion at the NYRA racetracks."

Baffert attorney Clark Brewster issued a statement in response to Sherwood's decision Wednesday evening.

“Despite the fact that Bob has never had a single medication violation in New York, we expected this interim recommendation to the panel, which is not NYRA’s final decision," Brewster said. "We will contest this recommendation until we ultimately find a neutral, detached decision-maker that doesn’t rubber stamp the NYRA lawyers’ demands.”

Sherwood's recommendation will be reviewed by a three-member panel after all parties are allowed a 14-day period to respond to his conclusions. The panel consists of William Alempijevic, executive director of the New York Thoroughbred Horsemen's Association, Saratoga Springs attorney John J. Carusone, Jr., and racetrack chaplain Rev. Humberto Chavez. If approved, a suspension could take effect in early July.

Sherwood said the panel may consider crediting Baffert for the 59 days he previously served before overturning NYRA's previous suspension for a failure to observe due process. Such a move could put the 2024 Belmont back in play for the trainer, as the 2024 Kentucky Derby will be upon the 2023 expiration of Baffert's two-year suspension by Churchill Downs.

Tim Sullivan: 502-582-4650, tsullivan@courier-journal.com; Twitter: @TimSullivan714

This article originally appeared on Louisville Courier Journal: NYRA hearing officer recommends Bob Baffert be suspended for 2 years