04/25/24 11:24:00
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04/25 11:22 CDT Kentucky appeals court denies Bob Baffert-trained Arkansas
Derby winner Muth to enter Kentucky Derby
Kentucky appeals court denies Bob Baffert-trained Arkansas Derby winner Muth to
enter Kentucky Derby
FRANKFORT, Ky. (AP) --- A Kentucky appeals court judge has denied Zedan Racing
Stables' requests for an emergency hearing and ruling that sought to allow Bob
Baffert-trained Arkansas Derby winner Muth to run in next week's Kentucky Derby
at Churchill Downs.
Kentucky Court of Appeals Judge Jeff S. Taylor issued an order denying relief
on Wednesday, saying Zedan's motion failed to name the Hall of Fame trainer
suspended by Churchill Downs as an "indispensable party" in its motion.
Taylor's order added that the action "constitutes an impermissible collateral
attack by a nonparty" after a federal court ruled against Baffert last year.
Taylor also wrote the ZRS' "inexplicable" delay seeking relief from Baffert's
extended ban by the historic track precluded consideration for emergency
relief. A three-judge panel will hear the motions as standard procedure, but
time is short for an immediate decision with eligible Derby horses required to
be stabled at the track by Saturday morning. The post draw is Saturday evening.
ZRS sued Churchill Downs days after Muth's Arkansas Derby victory, seeking
entry into the milestone 150th Kentucky Derby on May 4 despite the track's
extended suspension of Baffert through the end of this year. The discipline
keeps the two-time Triple Crown winner out of the Derby for a third consecutive
year after an initial two-year suspension for a failed postrace drug test by
deceased colt Medina Spirit (who was disqualified) after it crossed the finish
line first in the 2021 race.
Muth won last month's Arkansas Derby but could not receive the 100 points that
would have put him in the 20-horse field because of the suspension. Jefferson
County Circuit Judge Mitch Perry denied the injunction last week and expressed
concern about "innocent third parties" having to remove eligible horses to make
room for Muth.
Perry also noted that ZRS was aware Baffert's horses had to be transferred to a
non-suspended trainer by Jan. 29 yet chose to remain with him.
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AP horse racing: https://apnews.com/hub/horse-racing
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