Baffert’s Lawyer Expects a Stay of Suspension

Bob Baffert, the nation’s top trainer in purse earnings and winner of this year’s Preakness and Belmont Stakes with Point Given, declined to comment on the ruling issued Sunday suspending him for 60 days. The suspension stemmed from a positive drug test on one of his horses more than a year ago.

“I’m basically throwing everything over to Neil,” said Baffert, referring to attorney Neil Papiano. “I don’t want to comment on it. Neil is in charge of it all.

“I don’t know what to say. He is taking care of all of it.”

Reached at his office Monday, Papiano said he expects a stay of the suspension, which is scheduled to run from June 25-Aug. 23, to be granted by the California Horse Racing Board, probably by Wednesday. If the CHRB does not grant the stay, Papiano will seek one in the court system.

“I can’t think of a time in situations like this when a stay wasn’t granted,” Papiano said. “It’s been done consistently.

“I’ve advised Bob not to talk to anyone about this. I don’t want him to get into any debates with people.”

A ruling was issued Sunday by stewards Ingrid Fermin, Dave Samuel and Tom Ward regarding the positive test on Nautical Look, a filly owned and bred by John and Betty Mabee’s Golden Eagle Farm, after she won at Hollywood Park on May 3, 2000. A post-race urine test was positive for morphine, a drug that can’t be in a horse’s system at any level on race day.

Morphine is not illegal and can be administered for therapeutic reasons, but it is the ultimate responsibility of the trainer to make sure all traces of the drug have cleared from the horse’s system by the day of a race.

“There’s nothing new at this stage,” Papiano said. “I’ve said to a couple of other people how insane this whole thing is. What other sport would bring disrepute on itself by attempting to suspend one of its stars who was 2,000 miles away when this occurred?

“The same thing wouldn’t happen in baseball, football or basketball. If you saw this in any other sport, they would laugh at you for 20 minutes. There was so little of the drug that it couldn’t be measured and it did not affect the performance of the horse.”

Whatever the eventual outcome, the case is not likely to be resolved soon, and could take years. Hearings are still pending for other trainers involving clenbuterol positives from 1998.

It seems safe to assume that Baffert, if granted a stay--and that does not appear a big if--will be able to saddle Point Given, Captain Steve and the other members of his barn in the months ahead.