Maximum Security owner loses appeal following Kentucky Derby disqualification

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West also has said he would not run Maximum Security in the May 18 Preakness in Baltimore.

The Preakness, the second leg of the Triple Crown, is May 18 in Baltimore, and it remains to be seen if the Kentucky Derby victor will race.

Owner Gary West appeared on NBC's "Today" show on Monday and said he will be filing an appeal with the Kentucky Horse Racing Commission over the results.

"No, we're not going to run in the Preakness, " West said in an interview on NBC's The Today Show.

Barry Stilz on Monday filed an appeal with the Kentucky Horse Racing Commission on behalf of West.

"I think when it's all said and done and all the evidence is put on display, frame by frame in slow motion, you will find that the 1 horse [Will to Win] actually caused the infraction, not our horse", he said.

On Saturday, racing stewards ruled the thoroughbred swerved out of his lane, impeding the path of several horses in the final turn of the race.

Maximum Security was placed 17th of 19 horses after starting as the 9-2 second betting choice, ending his four-race winning streak.

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"I think if you run back in the Preakness - maybe you hit the board, maybe you don't, maybe you win - but it probably compromises his chances a little bit to win the Belmont", he said. "And there's no reason to run a horse back in two weeks if you don't have to".

"The stewards' acts in reviewing the 145th running of the Kentucky Derby were arbitrary and capricious and did not comply with applicable administrative regulations", reads the appeal.

In the immediate aftermath of the race at Churchill Downs Saturday, chief steward Barbara Borden read a statement to the media, revealing all three stewards agreed to penalize Maximum Security based on interviews with jockeys and after reviewing video footage.

Maximum Security's disqualification was the first of its kind in Kentucky Derby history.

Racing commission general counsel John Forgy wrote in a letter that the Wests are not entitled to a hearing because their appeal is moot. (Country House was more of a long shot, therefore giving a higher payout, so his betters were no doubt thrilled.) But the Kentucky Derby is also an event rooted in tradition-like the traditions of fancy hats and lots of booze-and the crowd was full of people booing, presumably just because they didn't like the deviation from the normal flow.

"We didn't really have any alternative legally, the appeal has to be filed within 48 hours", West said. Maximum Security was disqualified for interference and the victory awarded to Country House. "So they've been about as non-transparent about this whole thing as anything I've ever seen in my life".

"Why this is such a great controversy is because the best horse won the race".

The Jason Servis-trained colt on Saturday night became the first victor in the 145-year history of the race to be demoted, when the stewards ruled he had caused interference on the home turn.

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