NASCAR has accused Jeremy Mayfield's expert witness of presenting false testimony about his credentials, according to a motion filed in U.S. District Court.
Mayfield's lawyers used the testimony of Dr. Harvey MacFenerstein as basis that Mayfield should be reinstated immediately as he fights his indefinite suspension from the series.
"Plaintiffs may not be pleased with the fact that the drug testing process revealed the presence of substances that are banned by NASCAR, but Plaintiffs cannot attack the drug test results and the Defendants on the basis of an expert who has submitted patently and demonstrably false testimony," the motion read.
NASCAR officials announced May 9 they had suspended Mayfield for violating the substance abuse policy after testing positive for a drug series officials have not revealed. ESPN the Magazine, citing unnamed sources, reported the drug as methamphetamine. Mayfield filed a suit against NASCAR last month.
Mayfield's lawyers presented a sworn affidavit from MacFenerstein, president of a drug-testing company in San Antonio, Texas.
NASCAR contends several points of MacFenerstein's background:
l MacFenerstein claims he received a bachelor's degree in medical technology from Midwestern State University (Texas) in 1975. NASCAR claims school records do not indicate that MacFenerstein graduated or received a degree from the school.
l MacFenerstein claims he obtained his medical doctor degree in clinical pathology from CETED University. NASCAR claims the school in Mexico has no record of MacFenerstein as a former or current student.
l MacFenerstein claims to be a member of the American Association (for) Clinical Chemistry. NASCAR claims the organization has no proof of MacFenerstein's membership.
l MacFenerstein claims he's a medical review officer. NASCAR claims two certifying organizations have no records of certifying him as a medical review officer.
One of Mayfield's attorneys, John Buric, told NASCAR Scene that NASCAR's motion "is without merit. I'm not the least bit concerned about what we filed."
Contact Dustin Long at 373-7062 or dustin.long@news-record.com
SPRINT CUP
What: Toyota/SaveMart 350
Where: Infineon Raceway, Sonoma, Calif.
Time/TV: 4:30 p.m. Sunday/TNT
Qualifying/TV: 6:30 p.m. Friday/Speed
NATIONWIDE
What: Northern Tool.com 250
Where: Milwaukee Mile, West Allis, Wis.
Time/TV: 7:30 p.m. Saturday/ESPN2
Qualifying/TV: 5:30 Saturday/ESPN2
CAMPING WORLD TRUCKS
What: Copart 200
Where: Milwaukee Mile, West Allis, Wis.
Time/TV: 9 p.m. Friday/Speed
Qualifying/TV: 5:30 p.m. Friday/No TV
Not all of the newspaper's content appears online.
*There is a fee for downloading some older articles.