Maximum Security loses appeal in Kentucky Derby disqualification

LOUISVILLE, Ky. (AP/WYMT/WAVE) - The owner of Maximum Security says the horse will not run in the Preakness and appealed his disqualification as the Kentucky Derby winner. 

Country House (#20) won the Kentucky Derby after Maximum Security (#7) was disqualified. (Photo: ZUMA Press/MGN)

The Kentucky Horse Racing Commission announced Monday evening the appeal was denied.

Alex Waldrop, President of the National Thoroughbred Racing Association, said that the stewards at Churchill Downs made the right decision, enforcing the same rules they enforce every day.

"Obviously when you take a favorite and you replace it with the longest shot in the field, you're going to get people who are upset, and that's exactly what happened,” said Waldrop.

Gary West confirmed the decision to sit out of the Preakness by phone to The Associated Press. He says "there's really no need, not having an opportunity to run for the Triple Crown to run a horse back in two weeks."

Maximum Security became the first Derby winner to be disqualified for interference on Saturday. After an objection, racing stewards ruled that the colt swerved out and impeded the path of several horses between the far and final turns. Country House, a 65-1 shot, was elevated to first.

West sought to see replays of the race that stewards used to reach their landmark decision.

Equine lawyer Joel Turner has been on both sides of cases for more than 30 years. He said the stewards made the right choice.

"I still think he loses at the hearing because I believe the stewards made the right call. I've reviewed the tape in slow motion and to the extent that I've been afforded a view of the tape, I believe there was an infraction of the rules," said Turner.

The lawyer said West could take the case to federal court by arguing there was not a fair hearing before his property was taken away, including the purse and the value of the stallion.

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