Maximum Security out of Preakness; Derby Appeal Rejected

Maximum Security will sit out the second leg of the Triple Crown following his controversial disqualification at the Kentucky Derby.

The horse's connections also were unsuccessful in a bid Monday to appeal the ruling of the Kentucky Derby stewards, who disqualified the winner for the first time in the race's 145 runnings.

Owner Gary West told "Today" that in addition to skipping the Preakness, he was appealing to the Kentucky Horse Racing Commission, contending Maximum Security should be restored as the Derby winner.

The commission announced later Monday that the steward's ruling to take down Maximum Security wasn't subject to appeal, so the decision stands.

"Right after the race, I had the trainer call the stewards and very nicely ask them if they would be willing to visit with us after the races were over," West said earlier Monday. "I said we'll stay here until 11-12 o'clock at night. Whatever you want. And they said, 'Absolutely not, we won't be showing the films until Thursday.' We didn't really have any alternative legally. The appeal has to be filed within 48 hours."

The appeal, however, was not considered.

According to the Kentucky Horse Racing Commission, stewards are responsible for "all findings of fact as to all matters occurring during and incident to the running of a race," and "findings of fact and determination shall be final and not subject to appeal."

Maximum Security was the first horse to cross the finish line Saturday, but after a 22-minute review, stewards disqualified the colt. The jockeys aboard Country House -- the initial runner-up, ruled the winner of the race by virtue of Maximum Security's disqualification -- and 17th-place finisher Long Range Toddy filed objections that they were cut off by Maximum Security in a 20-race field that annually makes for maximum congestion around the track.

West said Monday it was like "a rodeo," and finds the actions of his horse and jockey no different than in past Derbys.

"You shouldn't have 20 horses in the Kentucky Derby. Churchill Downs, because they're a greedy organization, has (20 horses) rather than 14 like you have in the Kentucky Oaks, the Breeders' Cup, every other race in America," West said. "Just because they can make more money, they're willing to risk horses' lives and people's lives to do that. I'm not a fan of that. I think you should have 14 like every other race."