LOUISVILLE, Ky. (WDRB) -- Bob Baffert and his attorneys have now had their say in front of Kentucky racing stewards, and await a result that could have a significant impact on Kentucky Derby history.

A hearing, conducted by video conference, was completed on Monday. Stewards may rule at any time.

Medina Spirit, a colt trained by Baffert and owned by Amr Sedan, crossed the finish line first in the 2021 Kentucky Derby, but days later, a blood sample taken after the race tested positive for a trace of betamethasone, a drug now banned on racedays in Kentucky.

In the ensuing months, Baffert and attorneys from the Kentucky Horse Racing Commission have sparred over additional samples, and how the drug in question could have come to be in colt's system. Baffert has argued that it came from a topical ointment, was not given out of any effort to enhance performance, and did not affect the outcome of the race.

Churchill Downs reacted to the positive test, and a positive from the other half of the sample, by suspending Baffert from the track for two years, and barring any colt racing under his name from accumulating points to race in any of its races, including the Derby. Six Baffert trainees already have won Derby prep races this year, but accrued no points for Derby qualification.

On Monday, state stewards heard arguments from Baffert's attorney. On Monday night, Clark Brewster, an attorney for Baffert, issued the following statement;

"We are now left to trust that the stewards will apply the uncontroverted facts to the Kentucky Racing rules as they are written. Medina Spirit was treated by veterinarian prescription with a topical salve for a skin infection. The Kentucky Rules expressly permit use of topical salves, and the treatment given to Medina did not violate any rule. The post-race specimen positive reporting 21 picograms of Betamethasone [per milliliter] was caused by the topical salve. The Kentucky Rules (and all other jurisdictions) restrict only Betamethasone Acetate or Sodium Phosphate. These formulations are Injectable solutions into a horse’s intra-articular joint. Medina Spirit was never injected with Betamethasone and the evidence presented today proved that conclusively.”

“The false narrative regarding this case was sprung early and spread widely by uninformed or malevolent accusers and spread by careless reporting. Upon an honest and fair-minded review, Bob Baffert and Medina Spirit will be fully exonerated.”

State stewards are barred by statute from commenting on the proceedings before issuing a ruling. They may choose not to disqualify the colt, leaving the Derby results intact, or they could disqualify Medina Spirit, which would elevate Mandaloun, who crossed the finish line second, to the position of Kentucky Derby winner.

A steward's decision could come at any time.

If the decision is not to Baffert's satisfaction, he has a right to request an appeal before the full racing commission. After that, he also has a right to pursue action in the courts.

Churchill Downs' suspension is not affected by the decision of stewards, and is expected to remain intact regardless of the racing commission's decision.

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