Jeremy Mayfield submits evidence he says proves he tested negative for methamphetamines

Jeremy Mayfield submitted results of a drug test that show a negative result for methamphetamines in a filing Tuesday night in U.S. District Court in Charlotte.

The filing was a response to NASCAR’s request for Judge Graham Mullen to rescind his injunction issued July 1 because of new evidence – a July 6 test conducted by NASCAR that showed a positive result for methamphetamines. The injunction had lifted a NASCAR suspension of Mayfield for a May 1 test that NASCAR says showed positive results for methamphetamines but that Mayfield said produced a false positive reading caused by the prescription drug Adderall, which is used to treat attention-deficit hyperacticity disorder, and Claritin-D allergy medicine.

Mayfield's filing says the results come from an independent test he took about 40 minutes after the one administered by NASCAR.

“[The tests showing] there is no methamphetamine in my system and no amphetamine in my system are consistent with my lifestyle, as I have not and do not use or abuse methamphetamines,” Mayfield states in an affidavit. “I assert that the [NASCAR] report that I have methamphetamine in my system is intentionally false. It is impossible for methamphetamine to be in my body as I have never consumed that substance.”

Mayfield said he submitted his drug sample at the Frye Regional Medical Center in Hickory, N.C., where his doctor, Charles W. McKaraher, faxed a request for a urine test screening for drugs of abuse. McKaraher is also the medical director of the Vitality Anti-Aging Center and Medical Spa (according to the spa’s Web site), where Mayfield gets his Adderall prescription.

At Frye Regional Medical Center, Mayfield provided his urine sample in an exam room that contained nothing other than a toilet, according to an affidavit provided by Mayfield. He states he was given a copy of the chain of custody form and left the sample with the collector. Mayfield said he had no input where the sample would be sent.

The sample was sent to LabCorp in Raleigh, N.C., which produced the results of two screenings of the sample. The first showed a negative result for a variety of drugs, including amphetamines. LabCorp subsequently did a gas chromatography/mass spectrometry screening of the sample and said there were no amphetamines nor methamphetamines detected, according to an exhibit filed.

NASCAR’s test, conducted by Aegis Sciences Corp., showed an original level of 4,380 nangorams per milliliter of methamphetamine and a “normalized” level of 67,300 nanograms per milliliter.

“The diametrical difference between the results of those two tests could not be more palpable – the former [by NASCAR] seemingly evinces a lethal dose of methamphetamine, while the later shows no trace of such imminently destructive drug,” Mayfiled’s filing states.

A Mayfield expert, Dr. Harold Schueler of the Broward County (Fla.) Medical Examiner’s Office, in an affidavit questioned the results of the NASCAR test, calling the level of methamphetamine in its results “astronomical.”

“In my expert opinion, based on my experience and the facts of this case, I do not believe that Aegis’ test results revealing 67,000 nanograms per milliliter of methamphetamine could be remotely accurate, unless Mr. Mayfield was deceased or a chronic abuser,” says Schueler.

Schueler also says that a chronic abuser would show signs of methamphetamine abuse such as the aging of physical appearance, sunken eyes and acne.

Mayfield’s filing also calls for NASCAR's B sample from July 6 to be tested by LabCorp., as his attorney John Buric has urged.

NASCAR has said in its filings that it does not believe LabCorp has the ability to do as detailed a test as is necessary in this case. There is no mention of a B sample existing from the urine Mayfield provided to LabCorp.

In response to NASCAR's affidavit from Mayfield's stepmother, Lisa Mayfield, the latest filing says that the sanctioning body has shown no evidence to support her allegations that she saw Mayfield use methamphetamines at least 30 times. She stated that she saw Mayfield use methamphetamine the week of a 1999 Darlington race, which wasn’t specified. Mayfield’s attorneys show he finished second in the March race at Darlington. He also finished third in the Labor Day race at Darlington, though that was not mentioned in the filing.

In his affidavit, Mayfield also disputes claims that he talked to Aegis’ Regina Sweeney at 1:18 p.m. EDT July 6 as her affidavit states. He said that initial call went to voice mail. He said he did not try to avoid giving NASCAR a sample, which eventually was done at his home around 8:20 p.m.

Mayfield makes no mention of taking a test earlier in the day, which his attorneys had indicated he had done, though they never focused on getting those results because the other July 6 test was closer to the time of the NASCAR test.

“I categorically deny that I in any way stalled or impeded NASCAR’s ability to obtain my urine sample …, [and] I did not attempt to dilute my urine to avoid a positive test result,” Mayfield states in his affidavit.

Mayfield also argues that no matter the results of the second test, the injunction should stand because that injunction addressed a suspension “for a drug test performed on May 1, 2009, the questionable circumstances surrounding which necessarily remain unchanged.”

Both sides are now waiting for two different courts to rule. Mullen has two issues to decide – whether to rescind his injunction until NASCAR’s appeal can be heard in the U.S. Court of Appeals in Richmond, Va., and whether to vacate his injunction based on the July 6 test. Both sides also are awaiting a decision from the U.S. Court of Appeals on whether it will rescind Mullen’s injunction until an appeal can be heard.

Any decision is not expected to have a bearing on this weekend’s race at Indianapolis Motor Speedway. Neither Mayfield nor his team are entered for the event.