NASCAR alleges expert in Jeremy Mayfield case misrepresented qualifications
By Bob Pockrass - Associate Editor
Tuesday, June 16, 2009
NASCAR has filed court documents questioning the credentials of the expert used by the legal team of Jeremy Mayfield (pictured).
Jeff Robinson
NASCAR Scene
NASCAR filed court documents today alleging that Harvey MacFenerstein, the expert used by Jeremy Mayfield in his lawsuit against NASCAR challenging his suspension for a failed drug test, is not a certified medical review officer and did not graduate from the college and university he claimed to in his affidavit filed with the court.
The drug test, taken May 1, resulted in Mayfield’s indefinite suspension from NASCAR on May 9. Mayfield is suing NASCAR to have the suspension lifted and for defamation.
MacFenerstein, president of drug-testing laboratory Analytical Toxicology Corp. in San Antonio, Texas, testifies in his affidavit filed with the Mayfield complaint that while NASCAR is not part of the Federal Workplace Drug Testing program, its program must follow its guidelines and failed to do so in its Mayfield test.
NASCAR filed a motion today in U.S. District Court that asks for the portions of the complaint that rely on MacFenerstein’s affidavit to be thrown out. It also asks for Mayfield or his attorneys to reimburse NASCAR for defending against Mayfield’s lawsuit as it pertains to whether NASCAR should follow the federal guidelines.
“[This motion] is without merit. … It’s very simple for us to refute,” said Mayfield attorney John Buric of the firm James, McElory and Diehl, “I’m not the least bit concerned about what we filed.”
In his affidavit, MacFenerstein lists his qualifications as having obtained a bachelor’s degree from “Mid Western State University” of Texas and a medical doctor degree in clinical pathology from CETED University. He states he is a member of the American Association of Clinical Chemistry and that he is a medical review officer, an individual who interprets and evaluates drug-test results.
NASCAR disputes those claims. It has an affidavit from the registrar of Midwestern State University in Texas that says a Harvey MacFenerstein briefly attended the school for one semester in fall 1976 in a cooperative program with Shepherd Air Force Base in connection with a healthcare sciences program.
NASCAR also has a statement from a Mexican lawyer saying there is no record of MacFenerstein having attended CETED, which is in Mexico. It also has documentation from the American Association for Clinical Chemistry stating that MacFenerstein is not a member and from the two recognized organizations that certify medical review officers stating that MacFenerstein does not have that certification.
"This is a very, very serious matter,” NASCAR spokesman Ramsey Poston said in a statement. “Their star witness appears to have absolutely no qualifications to testify in this case. ... 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.”
Mayfield has until July 6 to respond to the allegations, but Buric said he expects this issue to be heard at the same time as Mayfield’s request for a preliminary injunction. Buric said no date has been set for the injunction hearing in front of Judge Graham Mullen.
“We’re waiting to hear from Judge Mullen’s chambers on when he believes that can be heard,” Buric said.
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20 responses to "NASCAR alleges expert in Jeremy Mayfield case misrepresented qualifications". Post a Comment.
brbleile said:
Jun 16, 2009 at 10:57 AMThis case is just getting crazier and crazier.
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» Confirm Abuse Reportsnohio said:
Jun 16, 2009 at 12:10 PMOuch... I think that is checkmate.
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» Confirm Abuse Report21still4de88 said:
Jun 16, 2009 at 12:20 PMIs Jeremy who he says he is?
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» Confirm Abuse Reportgoing2heaven said:
Jun 16, 2009 at 12:28 PMWill SOMEONE involved please just tell the truth about the entire situation? All this legal maneuvering is insanity. When will it end?
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» Confirm Abuse Reportnascarnutsheeler said:
Jun 16, 2009 at 3:29 PMIt will never end as long as the legal beagles are able to make money off this whole mess.Jeremy my friend sorry to say, I think your goose is cooked.
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» Confirm Abuse Reportmrmoggy said:
Jun 16, 2009 at 3:47 PMJust do the hair sample testing!!!! That test will reveal the last six months of Jeremy's life. Then there will be no dispute.
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» Confirm Abuse Reportmayhemracing said:
Jun 16, 2009 at 3:58 PMAs someone who works in toxicology, it is very suspect that a person would try to pass themselves off as a MRO or an MD when they should know that a good attorney is going to thoroughly check their credentials. The only thing that is going to get this case thrown out is if chain of custody procedures were not followed properly or if quality control criteria were not met when Mayfield's sample was analyzed.
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» Confirm Abuse Reportbthompson133 said:
Jun 16, 2009 at 4:24 PMfight on mayfield
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» Confirm Abuse ReportWerner said:
Jun 16, 2009 at 4:31 PMno certification?...where's the credibility in the rest of Mayfield's defense?...
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» Confirm Abuse ReportAndi said:
Jun 16, 2009 at 5:01 PMNow I guess Jeremy really doesn't have a leg to stand on with this bit of info.
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» Confirm Abuse Reportjillandjaked1 said:
Jun 16, 2009 at 6:25 PMThe hair test. Exactly! Who is running this mess? A friend of mine went to work for GM and yes, a hair sample was taken.
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» Confirm Abuse ReportWerner said:
Jun 16, 2009 at 7:28 PMif it were that simple with the hair test you would thing it would be done...or...he's going strictly on NASCAR's procedure to say they're to blame...
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» Confirm Abuse Reportipopakeg said:
Jun 16, 2009 at 8:01 PMThis is going to open another door for Danica Patrick,should she decide to jump ship! She keep's talking more and more about what it take's to make it in NASCAR! I think it's a ploy to get more money now that her contract is closing, but with the thing's the way they are,who know's! Mayfield,GONE, Casey M.,maybe?? She will fit the GO DADDY, since she is already apart of it! Her and JR.,I dought it! If you had ask me about Mayfield a month or two ago,I would have also said, I dought it! Wilder thing's have happened!
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» Confirm Abuse ReportFlying_Squirrel said:
Jun 17, 2009 at 9:00 AMWow, I'm not one to judge, but if my career was hanging in the balance & I was truly innocent I think I would have found an "expert" with some legit credentials. Though I have heard Mid-Western Texas State is the Harvard of Mid-Western Texas! I can only imagine the expert credentials his guy developed in the field of drugs while in Mexico? This whole thing is a bigger joke than the OJ Simpson case...please, oh please go to a public trial and let this thing play out. I guarantee it pulls bigger ratings than any race this season.
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» Confirm Abuse Reportandee said:
Jun 17, 2009 at 10:47 AMI am sorry to say right or wrong does not make a differance in our system.It is only who can aford to stay in court longer.
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» Confirm Abuse ReportMeg said:
Jun 17, 2009 at 1:57 PMHallelujah ! This just gets better every day.. By the way, where are all those @#*#heads who were defending Mayfield to the hilt when this all started ? Of course half of them were relatives or wanna be employees of that useless little Motorsport operation he set up but never paid for.. I just love reading about this. What goes around comes around, eh. Good riddance Jeremy !!
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» Confirm Abuse Reportjbbigrod said:
Jun 17, 2009 at 3:18 PMWell, I see YOU are not gone Meg. It is all about who wants to and who can afford to fight the dirtiest. Has nothing to do about the truth in the courts. WHY do you think lawyers are Sooooooooo popular?
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» Confirm Abuse ReportMeg said:
Jun 17, 2009 at 8:18 PMHey JBPeeWeeRod(LMFAO)….as long as I can antagonize you, I will.. Every time I see more of this Mayfield saga, I have to come back and comment. Must be that it hits close to home since it irks you so much that JM Motorsports was defunct before they even got started. Competing with Hendrick, Childress, Penske, Roush, and company must have been a really bad dream, eh…
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» Confirm Abuse ReportCrazyClyde said:
Jun 17, 2009 at 9:07 PMIs his lawyer a divorce lawyer? Maybe he's a TV show lawyer. His lawyer should have known to check the Doc out....duhhh!
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» Confirm Abuse Reportjbbigrod said:
Jun 17, 2009 at 10:25 PMNo MEGamadreams! As a matter of fact I love Roush and the Roushkateers, and a couple drivers from some of the other megateams you mentioned also. I just don't like YOU and a few rednecks like you vigilantes that want to string a guy up BEFORE he is proven guilty BEYOND a doubt. YOUR doubt don't count.
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