Jeremy Mayfield expert clarifies education, background

By Bob Pockrass - Associate Editor
Thursday, June 18, 2009

Harvey MacFenerstein, the drug-testing expert suspended owner/driver Jeremy Mayfield is using in his lawsuit against NASCAR, said that he thought a revised affidavit that corrected inaccuracies in his background was going to be submitted as part of Mayfield’s lawsuit.

MacFenerstein, president of Analytical Toxicology Corp., released a statement Thursday morning through the DPK Public Relations firm to address the inaccuracies in his affidavit, which was the subject of a NASCAR motion filed Monday asking the U.S. District Court in Charlotte to throw out his testimony.

In the affidavit filed with the court May 29, MacFenerstein stated that he got a medical degree from CETED University. In his statement Thursday, he said he earned the degree in 1982 from Universidad Centro de Estudios Technologicos, more commonly called Universidad CETEC in the Dominican Republic. He said he studied there from 1980 to 1982 after transferring from Universidad Del Noreste in Tampico, Tamaulipas, Mexico, where he studied from 1978-80.

“Before signing an affidavit, I noticed inaccuracies regarding my background and corrected them,” MacFenerstein said in the statement. “Unfortunately, the revisions I made were not reflected in the affidavit that was filed.

“This error has hurt me and damaged my reputation. I am proud of my educational and professional background.”

MacFenerstein, whose testimony states that NASCAR needs to follow federal workplace guidelines even though it is not a federal program, does not address in the statement the NASCAR allegations that his affidavit misrepresented that he graduated from Midwestern State University of Texas, that he is a member of the American Association for Clinical Chemistry and that he represents himself as a medical review officer even though he allegedly is not certified by the main two organizations that certify MROs.

But MacFenerstein, who said he was not compensated for giving his opinion in the case, defended his knowledge of drug-testing procedure as the owner and operator of drug-testing laboratory Analytical Toxicology Corp. in San Antonio since 1996.

He said his lab is tested by the College of American Pathology every 90 days and has gone more than 10 years without incident.

He said he is an active member of the American Academy of Clinical Toxicology and the American Chemical Society.

“I have devoted my career to achieving the highest standards of professionalism and accuracy,” MacFenerstein said. “It is heartbreaking that my reputation and credibility have been tainted due to these accusations. I am proud of my educational and professional accomplishments and played no role in the distortions of my background.”

NASCAR indefinitely suspended Mayfield on May 9 for the failed drug test taken May 1. Mayfield, who claimed a mix of prescription drug Adderall-XR, which is commonly used to treat attention-deficit disorder, and over-the-counter Claritin-D allergy medicine resulted in the positive result, is suing NASCAR to get the suspension lifted.

Comments

15 responses to "Jeremy Mayfield expert clarifies education, background". Post a Comment.
  1. 1
    arttidesco said:
    Jun 18, 2009 at 1:03 PM

    This is getting very ugly.

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  2. 2
    mayhemracing said:
    Jun 18, 2009 at 2:32 PM

    The next thing the attorneys are going to background check is the accuracy of the statements he made about his lab being CAP certified, at least that is what I would do if I were the Nascar attorneys.

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  3. 3
    blackstar said:
    Jun 18, 2009 at 2:34 PM

    We have not heard from him becuase he has done nothing but stupid when he does something in public. Doh! I did it again.

    The clinic doctor for free and Jeremy got what he paid for.

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  4. 4
    grumpyjim52 said:
    Jun 18, 2009 at 2:48 PM

    NASCAR's attorney's will grasp at straws for uncrossed t's and undotted I's to try and wear Mayfield down, that's what happens when you go up against the boys with deep pockets. Hang in there Jeremy, and take out an equity loan on your house, you're gonna need it son.

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  5. 5
    samjrr said:
    Jun 18, 2009 at 2:52 PM

    Mayfeild is under a gag order from a judge. So is Nascar.

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  6. 6
    Catusann said:
    Jun 18, 2009 at 3:40 PM

    Can we just move on to something else. This is getting old on both NASCAR & Mayfield's part.

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  7. 7
    mrmoggy said:
    Jun 18, 2009 at 3:40 PM

    NASTYCAR will try anything that they possibly can to make sure they CTA because they look bad in almost every situation these days. I love racing, I HATE NASTYCAR HIERARCHY!!!!! I will not support them by going to races, buying cheaply made apparal, or model cars. I can rarely stand to watch on TV with the sound on because of the "support" the announcers have to give to NASTYCAR. Go #14!!!

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  8. 8
    Werner said:
    Jun 18, 2009 at 4:25 PM

    so will the good doctor now sue Mayfield for filing that incorrect affidavit and ruining the good doctor's name?

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  9. 9
    gatenpin said:
    Jun 18, 2009 at 4:35 PM

    The gag order prevents Jeremy from talking about this lawsuit. He had no idea all of the documents were not filed (that is up to lawyers). Heard they are having to sell their beautiful home and land. His trouble started when he was "up-front" about Everham and his girlfriend and ended up suing Everham for his salary (and winning). Don't think for 1 minute this is not NASCAR covering the "good ole boys and both their back-ends". Hang in there Jeremy - we still believe in "innocent until proven guilty". Why is NASCAR hiding what their labs supposedly found? Where is the support from other drivers and owners? They do not want independent owners/drivers coming in and yet allow convicted felons (i.e. Haas).

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  10. 10
    rae said:
    Jun 18, 2009 at 5:44 PM

    To: GATEPIN You are so right. As I read the other comments I was wondering how to say what I thought. You said it for me. Thanks!

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  11. 11
    drakowjr said:
    Jun 18, 2009 at 6:05 PM

    Werner, why sue Jeremy? NASCAR Attorneys also did not do their homework. They could have easily determined the good doctor's educational background and his lab's credentials. However, they chose to state he was not honorable and was a pharse instead of filling a motion showing the truth versus filed inaccuracies. NASCAR is definitely hiding something here if they are this careless with investigating Mayfield's expert witness...

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  12. 12
    Phoenix987 said:
    Jun 18, 2009 at 6:54 PM

    NASCAR is going to (hopefully, of course, I mean we all know what happens to those with pockets of cash in court anymore) end up spending more on this case than it's worth and then will be hit with likely 'settling out of court' with Jeremy just to protect themselves. From everything that's been said, both sides are hurting themselves, but NASCAR was already in a deep hole when their testing procedures came out. Federal or not, they do have some common sense guidelines to follow, and when they tested Jeremy's 'A' sample again as a 'B' sample, they invalidated the 'B' sample because it being opened once made it officially deemed 'contaminated' by any sort of credible testing lab.

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  13. 13
    cindi0420 said:
    Jun 18, 2009 at 9:38 PM

    I only wish I could state my thoughts on this as well as #'s 11-14. Well said all of you!

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  14. 14
    OSUSam said:
    Jun 18, 2009 at 11:53 PM

    Seriously folks, this guy is a bigger loser than Jeremy. Studied in Mexico and the Dominican Republic? Midwestern State University in Texas? Has anyone ever heard of that school either? I'm sure the NASCAR lawyers are lickin their chops. This guy will be hamburger when they're done with him and Jeremy will be the bun.

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  15. 15
    jbbigrod said:
    Jun 19, 2009 at 12:21 PM

    Don't count on it 14. And #6, IF it is boring to you, don't be so stupid. Don't click on the Mayfield stories. What is wrong with you? I certainly don't read ALL of Scene Daily's articles. BUT I do want to know how THIS story comes out. Jeremey surely has an up hill battle, but it IS possible to win. Just don't give up. NASCAR has allotted so much money to fight this and will have the tendency to give in IF you don't. I think the powers that be are a bunch of jerks at NASCAR. Just watch and listen to them. Ugh!

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  16. 16
    OSUSam said:
    Jun 20, 2009 at 2:45 PM

    JBBIGROD, I didn't say I agreed with how NASCAR conducts their business. I'm saying they have more money, more lawyers and more time than Jeremy does. It's all about business, and ultimately money. Jeremy has stepped on himself all the way through this mess and he's lost any and all credibility he might have had.

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