Jeremy Mayfield Suspended Indefinitely ... Failed Drug Test!!!

[NickPappagiorgio]

I believe Mayfield as well. NASCAR has done a piss poor job with this suspension. I think they need new leadership.

[rjordan1979]

I don't see why, if NASCAR is so adamant that he took some shit....tell us what he took. Don't give me that "it's better for the driver" shit.

[YeahBoyHowdy]

CHARLOTTE, N.C. -- ESPN The Magazine is reporting that NASCAR driver Jeremy Mayfield tested positive for methamphetamine during a random drug screening on May 1.
ESPN The Magazine cites two independent sources in its report published on Tuesday afternoon.
NASCAR has not officially identified the drug that resulted in Mayfield's positive test.
Mayfield was suspended from racing on May 9. Mayfield said he used the prescription drug Adderall to treat ADHD and he took Claritin-D to treat allergies.
NASCAR says that combination couldn't cause a positive test.
Mayfield's attorney, Bill Diehl, told NewsChannel 36 by phone Tuesday afternoon, "He has never used the drug they are accusing him of testing positive for. He's never used methamphetamines. NASCAR thinks it can run all over anybody. They're not going to run over me and they're not going to run over Jeremy Mayfield."



ESPN reports Mayfield tested positive for meth | WCNC.com | Local News for Charlotte, North Carolina | Local Sports

[YeahBoyHowdy]

this seems to put a bit of a twist on things..............redneck heroin???? you're better than that Jeremy (if true).

[Dirty]

I think it is a combo of the Riddlin and Claritin... you can look at him and tell he is not on Meth

[YeahBoyHowdy]

I think it is a combo of the Riddlin and Claritin... you can look at him and tell he is not on Meth

i agree with you.......just crazy to hear that drug thrown around here.

[rjordan1979]

Well apparently the Claritin includes the Sudafed that meth dealers use, but I mean, I'm no doctor or scientist.

I say he should be suspended for being a shit driver.

[Dirty]

Claritin doesn't....but Claritin D does... that is why you have to sign for it and show your license to the Pharmacist to buy any

[rjordan1979]

And the plot thickens:
NASCAR accuses Jeremy Mayfield's expert witness of lying about credentials - ESPN

CHARLOTTE, N.C. -- An expert witness for suspended driver Jeremy Mayfield does not have the medical degrees or certifications he listed in his qualifications, NASCAR alleged Tuesday.

In a motion filed in U.S. District Court, NASCAR asked that Dr. Harvey MacFenerstein's sworn affidavit be dismissed from Mayfield's lawsuit because the expert falsely represented himself on six counts. MacFenerstein is the president of Analytical Toxicology Corp., a drug-testing laboratory in San Antonio, Texas.


Mayfield
Attorneys for Mayfield filed a sworn affidavit from MacFenerstein that said NASCAR's drug-testing program is flawed and does not meet federal workplace guidelines. His findings were the basis of Mayfield's May 29 court argument that his indefinite suspension for a failed drug test should be lifted.

Mayfield was suspended May 9 for failing a random drug test collected eight days earlier. NASCAR has not identified the substance he tested positive for, but described it in court as "a dangerous, illegal, banned substance."

Its name has been redacted in all court filings related to the case. However, two independent sources told ESPN The Magazine's Ryan McGee that Mayfield tested positive for methamphetamine.

NASCAR asked Tuesday that a large portion of Mayfield's pending lawsuit be dismissed based on MacFenerstein's misrepresentation in last month's affidavit.

"Plaintiffs may not be pleased with the fact that the drug testing process revealed the presence of substances that are banned by NASCAR," the motion said, "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."

“
I know he is an M.D., I know he has a medical degree and attended the university he said. He is a member or the organization he said he is a member of. We'll just have to see where they have evidence to refute that.
”
-- Mayfield attorney John Buric
"It shows some desperation on their part,'' said John Buric, who prepared the affidavit for the case challenging Mayfield's indefinite suspension for failing NASCAR's substance abuse policy. "When you don't like the news you try to attack the messenger.''

Buric said Tuesday that a countermotion will be filed to refute NASCAR's claim.

Among MacFenerstein's listed qualifications in the affidavit are claims that he has a 1975 bachelor of science degree in medical technology from "Mid Western State University of Texas"; that he obtained a medical doctor degree in clinical pathology from CETED University in Mexico; that he is certified as a medical review officer; and that he has membership and certification from two clinical agencies.

But NASCAR submitted six affidavits Tuesday refuting each of his claims.

"This is a very, very serious matter. Their star witness appears to have absolutely no qualifications to testify in this case," NASCAR spokesman Ramsey Poston said Tuesday. "This was an attempt to defraud the court. They need to explain to the court why there are at least six material misrepresentations from their star witness. They have based their entire case on MacFenerstein's testimony and now they have a lot to answer for. "

Darla Inglish, university registrar for Midwestern State since 1993, said a search of school records failed to find any documentation that MacFenerstein received a degree from the university. Her sworn testimony showed "a Harvey Mac Fenerstein briefly attended ... some classes" during one semester in 1976 as part of a cooperative program with Shepherd Air Force Base.

Dr. Frederico De Noriega Olea, a Mexico-based attorney hired by NASCAR to investigate MacFenerstein's claims, submitted an affidavit saying he found no proof that MacFenerstein obtained a degree from CETED or has a license to practice medicine in Mexico.

“
The sole support for MacFenerstein's status as an expert witness was his supposed credentials, which have been shown to be false.
”
-- NASCAR motion on Dr. Harvey MacFenerstein
Two more affidavits claimed that MacFenerstein is not a member of the American Association for Clinical Chemistry, as he claimed, and there is no record with two certifying bodies that he's been approved as a medical review officer.

The final charge by NASCAR disputes MacFenerstein's claim that ATC has proper certification as a drug-testing laboratory.

"The sole support for MacFenerstein's status as an expert witness was his supposed credentials, which have been shown to be false," NASCAR said in the motion.

NASCAR asked in its motion that Mayfield's attorneys be sanctioned for failing to conduct a "reasonable inquiry" into MacFenerstein's qualifications, and asked for reimbursement of costs and fees related to defending itself against Mayfield and investigating MacFenerstein.

"I know he is an M.D., I know he has a medical degree and attended the university he said,'' Buric said. "He is a member or the organization he said he is a member of. We'll just have to see where they have evidence to refute that.''

Buric said the motion does not address the ultimate issues of the case, but "it certainly is a good sideshow for a while.''

"I don't think it's a setback at all,'' he said. "It's an indication NASCAR is concerned about what they've done. Instead of dealing with the merits of what happened, they're trying to attack the credentials of the person saying what was done.''

Buric said the federal judge who will hear Mayfield's court case has returned from vacation and that his firm has requested a hearing to be held in the next couple of weeks, preferably next week.

Buric is hoping Mayfield will be granted a temporary restraining order that will allow him to resume driving. Mayfield has not been allowed to compete since the May races at Lowe's Motor Speedway in Charlotte.

"I have no worries about what we've obtained in our initial filings,'' Buric said. "We will respond.''

It's not looking good for Mayfield, not one little bit. LOL at bringin' the legal version of Dr. Nick from "The Simpsons" as your counsel.

[Dirty]

This is going to get Ugly

[Dirty]

Lisa Mayfield arrested in incident


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By David Newton
ESPN.com
Archive
CHARLOTTE, N.C. -- Lisa Mayfield, the stepmother of Jeremy Mayfield and a witness for NASCAR in defending its suspension of the Sprint Cup driver, was arrested Saturday night after an incident at her stepson's Catawba County house.
According to Catawba chief of police Cecil Cook, Lisa Mayfield was charged with public intoxication and had warrants issued for four counts of simple assault and second-degree trespassing.
She spent Saturday night in jail and was released Sunday after making a $5,000 unsecured bond, Cook said.
Catawba County Police DepartmentLisa Mayfield mug shot


The arrest was made at the home of Jeremy and Shana Mayfield. According to Shana Mayfield, she and her husband were on their way to Cherokee Speedway in Gaffney, S.C., for a dirt-track race when they received a call from a couple that lives on their property.
Shana said the couple heard banging on the door and went to the house to investigate. She said by the time she and Jeremy arrived back at the house, Lisa Mayfield was in handcuffs.
At that point, Shana Mayfield claimed that Lisa Mayfield threatened to come back and "kill me."
"According to the officers she was pretty high," Cook said. "The officers took her to jail on public assistance ... to make sure she didn't cause problems to anybody or herself. The Mayfields came up [to the magistrate's office] and took charges out. She was arrested on those charges while in jail."
According to Tommie Coulter, the supervisor of the Catawba Clerk of Court's office, the warrant issued accused Lisa of using her fist or foot to assault Jessica Jorgensen, Christopher Gerren, Damian Bone and Madeline Bone. Cook said officers at the scene did not witness any confrontation. The incident, according to the complaint, took place around 8:30 p.m. A court date has been set for Sept. 14.
Lisa Mayfield became a part of NASCAR's case to get her stepson's suspension reinstated after a federal judge granted a temporary injunction. She signed an affidavit saying she saw Jeremy Mayfield use methamphetamines at least 30 times since 1998.
She also said her stepson "cooked" his own methamphetamines until it became too difficult to obtain the ingredients.
Jeremy Mayfield was suspended by NASCAR on May 9 after testing positive for methamphetamines during a random drug test taken eight days earlier. He tested positive again during a random drug test taken at his home after the suspension was lifted, according to court records filed by NASCAR.
Mayfield disputes the positive tests. He has argued that the result came from combining Claritin-D for allergies with the prescription drug Adderall for attention deficit hyperactivity disorder.
NASCAR presented the second test and Lisa Mayfield's testimony in court documents to keep Jeremy off the track.
Jeremy Mayfield, in response to the court filing, argued that his stepmother's testimony was not trustworthy. He accused her of killing his father, who committed suicide in 2007, according to police reports. He also accused her of accepting money from NASCAR in exchange for her testimony. Lisa Mayfield has filed a civil suit against her stepson for defamation of character.
David Newton covers NASCAR for ESPN.com. He can be reached at dnewtonespn@aol.com.





Lisa Mayfield, Jeremy Mayfield's stepmother, arrested at his home - ESPN

[djefferis]

saw that earlier today...think Nascar still thinks they have a "rock solid" case if they go to trial with this lady as their star witness...

[NickPappagiorgio]

I cant wait until NASCAR gets it up their ass like a teenager in a maximum security prison.

[Dirty]

Shana Mayfield gets restraining order


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By David Newton
ESPN.com
Archive
CHARLOTTE, N.C. -- The wife of Jeremy Mayfield on Tuesday took out a restraining order against her husband's stepmother and principal witness for NASCAR's case against the suspended Sprint Cup driver.
Catawba County Police DepartmentLisa Mayfield mug shot


Shana Mayfield filed the request at the Iredell County sheriff's department.
"She will be served as soon as they can find her," Shana told ESPN.com.
The order was sought three days after Lisa Mayfield showed up intoxicated at her stepson's home Saturday night and arrested on four counts of simple assault and for trespassing.
According to the arrest warrant, Lisa physically confronted the husband and wife caretakers living on the property, their daughter and her boyfriend. She is scheduled for trial on Sept. 14.
"[She] told our caretakers she would come back to kill us, she wasn't done," Shana said.
Lisa became a part of NASCAR's case to get her stepson's suspension reinstated after a federal judge granted a temporary injunction. She signed an affidavit saying she saw Jeremy use methamphetamines at least 30 times since 1998.
She also said Jeremy "cooked" his own methamphetamines until it became too difficult to obtain the ingredients.
Jeremy was suspended on May 9 after testing positive for methamphetamines during a random test taken eight days earlier. He tested positive again during a random test taken at his home after the suspension was lifted.
NASCAR presented the second test and Lisa's testimony in court documents to keep Jeremy off the track.
Jeremy argued that his stepmother's testimony was not trustworthy. He referred to her as a "whore" and accused her of killing his father, who according to police reports committed suicide in 2007. He also accused her of accepting money from NASCAR in exchange for her testimony.
Jeremy has been working for over a year on a wrongful death suit against Lisa and, according to Shana, plans to file soon. Lisa already has filed a civil suit against Jeremy for defamation of character.
Shana told a reporter from Charlotte television station WCNC that they were trying to keep the matter private with Lisa "and now with NASCAR's involvement our private matters have become public."
Jeremy has argued from the outset that he never took methamphetamine, that the positive test was the result of combining the prescription Adderall for Attention Deficit Hyperactivity Disorder with over-the-counter Claritin D for allergies.
Dr. David Black, who conducts NASCAR's drug testing program, has said that is not possible.
"Jeremy from day one has said what his stepmother was and I think Saturday night proved it," Shana told WCNC. "Hopefully, they [NASCAR] realize what they have in their credibility."
David Newton covers NASCAR for ESPN.com. He can be reached at dnewtonespn@aol.com.




Shana Mayfield takes out restraining order against Jeremy Mayfield's stepmom - ESPN

[rjordan1979]

HAHAHAHAHA, and welcome to your star witness, NASCAR.

[Dirty]

NASCAR is so fucking Stupid

[Dirty]

- Speedtv
- May 18, 2010
CUP: Judge Dismisses Mayfield's Lawsuit


A U.S. District Court judge made a surprise ruling Tuesday in dismissing Jeremy Mayfield's lawsuit against NASCAR...


A U.S. District Court judge made a surprise ruling Tuesday in dismissing all claims by driver/owner Jeremy Mayfield in his lawsuit against NASCAR over a May 2009 drug test that NASCAR said was a positive for methamphetamines.
NASCAR filed a motion last November for U.S District Judge Graham Mullen to rule on the case based on the pleadings already submitted, and Mullen issued his ruling Tuesday afternoon in favor of NASCAR. There was no hearing on the motion, and the ruling can be appealed to the U.S. Court of Appeals.
“The U.S. District Court’s ruling is a powerful acknowledgment and affirmation of NASCAR’s rulebook and its ability to police the sport,” NASCAR spokesman Ramsey Poston said. “NASCAR has been very clear with its competitors as to its policies and what is expected of them. NASCAR’s comprehensive substance abuse policy, which is among the best and toughest in all of sports, serves the safety of our competitors and fans.”
There was no immediate comment from Mayfield’s legal team.
Mullen sided with NASCAR on three key elements:
• Because Mayfield signed the waivers that are part of the NASCAR-driver agreement a driver signs to compete in NASCAR, Mullen ruled Mayfield cannot sue NASCAR for negligence, defamation and deceptive trade practices over how it implements its drug-testing policy.
• Although NASCAR says that its labs must be ones that are certified by government agencies, Mullen ruled that NASCAR does not have to follow drug-testing guidelines that regulate federal agencies.
• Although NASCAR’s policy did not at the time have a list of banned drugs, Mullen ruled its stipulation that drugs that adversely affect the safety and well-being of competitors covers an illegal drug such as methamphetamine.
“Plaintiffs [Mayfield] agreed to release Defendants [NASCAR] from all claims arising under a negligence theory or otherwise; Plaintiffs thereby waived their right to pursue their claims for defamation, unfair and deceptive trade practices, breach of contract, and negligence,” Mullen wrote in his order. “Plaintiffs also failed to allege facts to support each of their claims. … Plaintiffs claims are hereby dismissed.”
Mayfield, who was indefinitely suspended from NASCAR on May 9, 2009, had sued NASCAR for breach of contract, discrimination and defamation in an attempt to get back on the track and for financial damages. He won an injunction to participate in NASCAR in July but never got back on track.
The injunction was later stayed, pending appeal, and Mayfield – the only driver suspended since NASCAR implemented random drug testing in 2009 – eventually asked for the court to drop the injunction so the case could proceed more quickly toward trial. A trial was scheduled for September 2010 at the earliest.
The 40-year-old Mayfield, who has 433 career starts with five Cup victories and two Chase For The Sprint Cup appearances, qualified for five of the first 11 races of the 2009 season before being suspended. He has denied using methamphetamines and contended the drug-test findings that prompted his suspension resulted from a combination of prescription drug Adderall, which is used to treat attention-deficit hyperactivity disorder, and over-the-counter Claritin-D allergy medicine. He also argued that NASCAR must follow guidelines that regulate federal agencies. NASCAR denied that Aegis Sciences Corp., which conducts the NASCAR drug-testing program, must follow those regulations, and Mullen agreed.
“[Mayfield’s] argument assumes that NASCAR and Aegis were required to follow the [federal] guidelines. … They were not,” Mullen wrote. “This Court is not required to accept [Mayfield’s] unsupported and unreasonable interpretation of the guidelines.”
Part of the Mayfield case argued that because NASCAR’s policy did not have a list of banned drugs at the time of his suspension, NASCAR could illegally decide any amount of any drug could result in a suspension at any time. Mullen addressed that in his ruling:
“[Mayfield does] do not however allege that NASCAR decided to ban methamphetamines after Mr. Mayfield submitted his sample,” Mullen wrote. “Methamphetamines are an illegal drug, and it goes without saying that they ‘may affect adversely the safety and well-being’ of all those involved.”
Mayfield also questioned the procedures taken during his test – the sample cup had been resting upon a non-sterile and cluttered table, the restroom was not secure and not sterile, and he did not see the technician affix his label to his sample cup.
“A lack of sterility could alter the specimen, but there is no allegation that the sample cup was unsterile or that the specimen was contaminated,” Mullen wrote.
Mullen also ruled that Mayfield does not have a defamation claim because the facts do not show actual malice – that Mayfield could not prove that neither NASCAR Chairman Brian France nor Aegis’ David Black knew the facts were false or acted with reckless disregard to whether the facts were false. Mullen wrote that France relied on what Black told him, and Mayfield did not prove that Black should have had serious doubts about the results.
As far as Mayfield’s claim that NASCAR violated the North Carolina Persons with Disabilities Protection Act, Mullen ruled that Mayfield is not a NASCAR employee nor a person with a disability under the PDPA. Mayfield drove for his own team (not NASCAR), decided what to do with race winnings and twice signed NASCAR forms stating that he was not forming an employee relationship, Mullen ruled.
Mayfield’s legal teams, beginning with prominent Charlotte attorney Bill Diehl and currently with nationally known Mark Geragos, also had argued that the waivers a driver signs in conjunction with the substance-abuse policy cannot be enforced because that would mean that a sample could be spiked or someone could change the urine samples.
“This Court acknowledges – in accordance with Florida law – there is a point when public policy would dictate that a release goes too far in its language or application,” Mullen wrote. “That instance is not before us.”
After Mayfield filed his lawsuit against NASCAR, NASCAR filed a counterclaim against Mayfield for breach of contract and fraud for violating the substance-abuse policy. Poston said NASCAR attorneys are weighing their options of pursuing those claims, which might have to be decided on prior to an appeal being filed.




FOXNews.com - CUP: Judge Dismisses Mayfield's Lawsuit

[The Devil]

Most people in jail didn't do anything either...."i'm innocent I tell you".....

[Dirty]

I have a hard time believing Mayfield was on Meth completely.. no way he could hide that and still drive on the Main Circuit... if he was hooked it was just recently and he got nailed...

[NickPappagiorgio]

NASCAR wouldnt be the first corporation that used its resources to get a favorable ruling.