Baffert’s attorneys allege court violations in Churchill Downs hearings

LOUISVILLE, Ky. (WAVE) - Another chapter in the legal battle between horse trainer Bob Baffert and Churchill Downs has begun, with Baffert’s attorneys claiming the judge and Churchill Downs have had unfair communications in scheduled hearings.

According to a memorandum filed in federal court, Baffert’s attorneys claimed “ex parte” communications between Churchill Downs and Judge Rebecca Jennings happened to determine the hearing order of witnesses.

Hearings for a preliminary injunction for Baffert’s two-year ban at Churchill Downs began on Feb. 2 and continued to the next morning.

The judge stated there were no one-sided communications between either party in a follow-up response, warning both teams that “future conduct implicitly threatening the court” would not be tolerated.

Baffert was suspended days after his horse Medina Spirit tested positive for betamethasone, a banned race day substance.

His attorneys alleged the Kentucky Horse Racing Commission only prohibits the substance if it is injected, which Baffert’s team said the substance comes from a topical ointment used for treating a skin condition.

There has not been a ruling issued for Baffert’s preliminary injunction.