NASCAR files court documents asking for Jeremy Mayfield's injunction to be permanently rescinded
By Bob Pockrass - Associate Editor
Monday, July 27, 2009
NASCAR's latest filing argues to rescind the injunction granted Jeremy Mayfield.
Jeff Robinson
NASCAR Scene
NASCAR filed court documents Monday stating that the sanctioning body has several witnesses to Jeremy Mayfield's alleged drug use, but that they are hesitant to come forward after Mayfield's comments about his stepmother.
As part of its case against Mayfield, NASCAR previously filed an affidavit in which Mayfield's stepmother, Lisa Mayfield, alleges that she saw Jeremy use methamphetamine. Jeremy Mayfield has disputed that allegation in his own court documents.
NASCAR suspended Mayfield for a May 1 drug test that it says showed a positive result for methamphetamines. Mayfield claims the test resulted in a false positive created by the prescription drug Adderall and the allergy medication Claritin-D. Mayfield obtained an injunction July 1 to keep NASCAR from enforcing the initial suspension.
Since then, NASCAR has gotten that injunction put on hold by the U.S. Court of Appeals, but the process to get the injunction permanently rescinded based on a July 6 drug test is still ongoing in U.S. District Court. It is in that quest that NASCAR filed more briefs on Monday.
NASCAR has asked U.S. District Court Judge Graham Mullen to rescind the injunction based on a July 6 test that NASCAR says also showed a positive result for methamphetamine. Mayfield disputes that finding and says that an independent test on the same day shows a negative result for methamphetamine.
NASCAR is responding to Mayfield's filing last week that argued that the injunction shouldn't be rescinded because he passed his independent drug test and disputed the affidavit filed by Lisa Mayfield.
"There are several other witnesses who have confirmed that they will testify about Mayfield's methamphetamine use," NASCAR says in its filing. "Because of Mayfield's defamatory tirade against Lisa Mayfield, these witnesses are reluctant to testify unless subpoenaed.
"Mayfield has apparently contacted at least one witness to convince the witness that despite her recollection, he never used drugs. As soon as NASCAR is able to subpoena these witnesses, NASCAR will supplement this record."
Among the points NASCAR also makes in its filing Monday:
• NASCAR argues that Mayfield has not attempted to race and therefore an injunction is not necessary.
• NASCAR claims that Mayfield lied in his affidavit in saying that he received a voice mail from the NASCAR testing lab, Aegis Corp., when first notified of the July 6 test. NASCAR says it has a tape of a conversation with an Aegis representative.
• NASCAR claims that Mayfield's July 6 "non-normalized" methamphetamine levels are at the relatively low end of the spectrum despite assertions by Mayfield's expert that he could be dead from such levels. NASCAR says Mayfield's expert is not an expert in addiction or methamphetamine use and that the amount of methamphetamine in Mayfield's system is not indicative of the level of the methamphetamine that a person has matriculating in his system but instead indicates only the amount of methamphetamine being held in the bladder at a particular time. NASCAR's expert is Mace Beckson, a specialist in addiction who is a faculty member at the University of California-Los Angeles.
• NASCAR questions the procedures of Mayfield's test. According to NASCAR, Mayfield's independent sample has no B sample to verify the results. NASCAR says it is unclear through the chain of custody form as to whom the specimen bottle was released to or that it was received by LabCorp. And the one result, NASCAR says, should have shown amphetamines in his system because he takes Adderall.
"Either Mayfield suddenly no longer has the disability that he told the Court he had just a month ago, or the urine that LabCorp tested was not Mayfield's," NASCAR states in its filing.
Mayfield attorney John Buric said last week that the independent test was negative for amphetamine because it was done specifically for the amphetamine that is a derivative of methamphetamine.
• NASCAR still wants the B sample it has from its July 6 test to be tested by a laboratory that can separate pseudoephederine. Mayfield wants it done by LabCorp, which can't do such a test, according to an e-mail from Buric that was submitted by NASCAR.
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34 responses to "NASCAR files court documents asking for Jeremy Mayfield's injunction to be permanently rescinded". Post a Comment.
Meg said:
Jul 27, 2009 at 7:00 PMTick, tick, tick.....
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» Confirm Abuse ReportMeg said:
Jul 27, 2009 at 7:00 PMTick, tick, tick.....
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» Confirm Abuse ReportSS396Chevelle said:
Jul 27, 2009 at 7:14 PMPlease Scene Daily no more Mayfield articles. Thank you.
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» Confirm Abuse ReportAnonymous said:
Jul 27, 2009 at 7:29 PMHey SS396... Don't read them if you don't like them. I do.. How else are we going to be able to keep up with what's going on ???
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» Confirm Abuse ReportSS396Chevelle said:
Jul 27, 2009 at 7:55 PMWho cares?? He can't drive anymore and he is selling his team. End of the Mayfield saga.
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» Confirm Abuse Reportstone069 said:
Jul 27, 2009 at 11:52 PMI wonder if the sponsor he spoke about in another interview is ADDERALL
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» Confirm Abuse ReportAndi said:
Jul 28, 2009 at 3:30 AMYou would think it would be #6, but its not. I think it was smallbusiness.com or something like that. But #5 is right. He can't drive anymore and has sold his team. Should be the end of the Mayfield saga, but I clearly doubt that. Mayfield isn't letting it go, but he should since the evidence is getting worse and worse against him.
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» Confirm Abuse Reportmrclause said:
Jul 28, 2009 at 7:07 AMWhy is it that only nascars statements are considered the only evidence? When did nascar become this trustworthy and honest? I've been in and out of this sport since 1964 and have never found either of those things in abundance. The credibility given Jeremys step mother who evidently was fine with this alleged meth use because she never turned him in even to a counselor is stupid. She either accepted it for her own reason or she is lying. It really is that simple. Now here comes nascar with more witnesses, but, they are afraid of Jeremy.
Report as AbuseIf nascar was positive of their program and the tests performed why would they be digging in the garbage to trash Jeremy? The program and testing isn't strong enough to stand on its own? Isn't that exactly the point Jeremy is making? That it is fallible?
More so now than ever, nascar is a classless, greedy, dictatorship. They are mean spirited, unapologetic, extremely vindictive.The history is there if you really want to see it in full color. I've held a nascar mechanics license so maybe I've seen more.
As to Jeremys guilt or innocence, I haven't a clue YET! If I were to have a preference, it would be that he could prove his innocence, make nascar pay through the nose for their intended destruction of him, and force them into a fair and regulated drug testing/rehab program that in the end would make Jeremys fight worth this mess and protect every one involved.
To take the garbage that nascar is bringing into this as gospel simply because they are saying it,nope, not this reader. Tim Richmond, Marcia Grant, are the most recent reasons.
If the test was as strong as it should be, if the program as bullet proof, why the trash and personal vendetta that is only aimed at the total destruction of Jeremy Mayfield?
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» Confirm Abuse Reportshine49 said:
Jul 28, 2009 at 10:03 AMIf he is so innocent as he claims, I wonder why he doesn't roll over backwards trying to do everything NASCAR wants him to do with the testing so he can prove how clean he is...instead he does everything a person with something to hide does ....all his actions more than his words say "GUILTY! GUILTY! GUILTY!" to me!
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» Confirm Abuse ReportSS396Chevelle said:
Jul 28, 2009 at 1:52 PMLets just say Mayfield retired from racing and is living a good life as a retired driver. End of story.
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» Confirm Abuse Reportbruno said:
Jul 28, 2009 at 2:57 PMI'm with #8 on this one. Believe it or not folks, this one is just getting going. This could be the biggest Gaffe in NASCAR's history unfolding!
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» Confirm Abuse Reportjbbigrod said:
Jul 28, 2009 at 3:22 PMI am with # 8 also. = = = SS he did NOT sell his TEAM. Just his cars and such. It is FAR from OVER.
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» Confirm Abuse Reportcoodude said:
Jul 28, 2009 at 3:27 PMWell said MRCLAUSE. I agree with you 110%. The Tim Richmond incident should be well remembered in the way NASCAR handled it. Looks like there going the same way with this one. Problem is most of these "newbies" don't even know who Richmond is.
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» Confirm Abuse ReportSS396Chevelle said:
Jul 28, 2009 at 3:28 PM#12 it may be far from over, but does he have to be the main story every week? You are right he just sold his cars, point taken.
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» Confirm Abuse Reportjessydoyle49 said:
Jul 28, 2009 at 3:31 PMNASCAR messed up on this one. They picked the wrong drug to pin on him.**ANY one that deals with drugies will tell you that Jeremy IS NOT a cronic meth user.**Plus Jeremy has never done anything to make his credibility be questioned!!!!**By the same token, NASCAR has NEVER done anything to make their credibility believable!!!
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» Confirm Abuse ReportVWS said:
Jul 28, 2009 at 4:25 PM# 15 I think you should read the article before commenting.
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» Confirm Abuse Reportjdxenterprises said:
Jul 28, 2009 at 5:16 PMI agree with the majority of you, but I still wonder why Jeremy never notified Nascar he was taking Adderall. One would think that as a responsible owner with employees who count on you for a paycheck Jeremy would have questioned how these meds would show up in a drug test.
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» Confirm Abuse Reportmwallick said:
Jul 28, 2009 at 5:35 PMMayfield is going to have to do a hair sample test, as suggested by Judge Mullen, and a blood test if he wants to redeem his reputation. I do not think he did meth, but perhaps there is something else he doesn't want to surface...?
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» Confirm Abuse Reportyoudee20012001 said:
Jul 28, 2009 at 5:49 PMThis all does seem rather tiresome. But, I applaud Jeremy for fighting for his reputation. Whether he ever drives again or not (which is not likely), he wants to show that he was right. Keep on keeping on Jeremy. Fight NASCAR and make them develop a proper testing procedure. Show everyone just how small-minded and nasty NASCAR can be.
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» Confirm Abuse Reportwildrose7445 said:
Jul 28, 2009 at 6:54 PMI completely agree with #8. The governing body of Nascar expects to be believed without question but they don't give us any reason why we should. If they truly have witnesses who have seen Mayfield doing meth then they need to bring them forward. To say that NASCAR's witnesses are reluctant because of what Mayfield said about his step-mom sounds like they are blowing smoke. As for #9 saying Mayfield should appease NASCAR, would you go to rehab if you weren't a drug user? If he were to give in and go to rehab that would be used agaist him as well. This is a situation where, right or wrong, Mayfield will NOT win. NASCAR will run him out of money long before anything is proved either way.
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» Confirm Abuse Reportjbbigrod said:
Jul 28, 2009 at 7:33 PMActually I like this story. It is the ONLY ONE I commmented on today, and didn't even read most of them.
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» Confirm Abuse ReportSheilaLovesNASCAR said:
Jul 28, 2009 at 8:55 PMJeremy was clean in the beginning of the year. When everyone was tested. He takes adderal and Claritan-D. And now he is a chronic meth user? It has been proven that that combination will produce a false positive. NASCAR just won't back down on what they want to be true. Even when faced with the facts. It can't be both ways. Either he is a user, or the test was wrong. And if he passed before taking adderal, why can't that be the reason for the positive?
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» Confirm Abuse Reportrmdunn3 said:
Jul 28, 2009 at 9:40 PMI've read all the comments and it is getting tireing. I think the other people are afraid of comming forward because of what he is doing to his step-mother and also of how he bad mouthed Ray Evernham and that law suit. Ray is still a gentleman about this whole matter and never says anything against Jeremy. So if he does these things to them what would he do to the others that would come forward? God only knows. Seems like Jeremy dug his own hole a long time ago. I don't know if he is guilty or not, but he needs to learn from his past mistakes and it doesn't seem like he is doing that. Is it to prove his innocence or is it for the money? Again, I don't know, but it makes one wonder.
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» Confirm Abuse ReportBEENAROUND said:
Jul 29, 2009 at 1:26 AMI would like you all to come over to my blog so I may enlighten you all about this particular drug and drug testing,and I have a few comments directed at a few of you not meaning any disrepect to any of you ,like MRCLAUSE,CATHYRROOKS,CHARLEY700,FAST3FORME,just to mention a few.I'm @ http://NASCARSBESTCRASHES.BLOGSPOT.COM
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» Confirm Abuse Reportipopakeg43293388 said:
Jul 29, 2009 at 6:14 AMTHE ONLY RACING MAYFIELD IS GOING TO DO FROM THIS DAY FORWARD IS,FROM ONE TRAFFIC LIGHT TO THE NEXT! AFTER HIS AMBULANCE CHASING LAWYER'S GET THROUGH WITH HIM,HE WILL MORE THAN LIKELY HAVE TO BORROW A CAR TO DO THAT! ALL DONE!
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» Confirm Abuse Reportpsdf250 said:
Jul 29, 2009 at 9:30 AMSadly he's done. Even if he wins NASCAR won't let him back in. Now, can we drop this until September 2010 or whenever they start the trial and move on?
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» Confirm Abuse ReportAllisonFan128 said:
Jul 29, 2009 at 9:34 AMBeenAround, I went and read your blog. You need to go back and do some research on Meth. It is an addictive drug. It works on the central nervous system by creating a euphoric feeling. Most users become "hooked" quickly and use ever increasing amounts to get the same "high". For anyone wanting more information on this drug, check out WebMD to get accurate information.
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» Confirm Abuse Reportsstarbraintree said:
Jul 29, 2009 at 11:17 AM#20 do you actually believe Nascar should trot out their witnesses to talk to all of us here. their witnesses dont have to convince you or I
Report as Abusethey have to convince a jury, sadly that will take a long while. If Mayfield is innocent his reputation should not have to be in limbo because our court system is antiquated but in the mean time every time there is an occurance it will be news
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» Confirm Abuse ReportMeg said:
Jul 29, 2009 at 12:12 PMhttp://sports.sportsillustrated.cnn.com/racing/story.asp?i=20090727211919780000101 NASCAR says Mayfield lied to federal court!! Hard to dispute.. I love it!! Jeremy has a problem keeping up with his lies. http://www.wsoctv.com/news/20168527/detail.html Stepmother Of Jeremy Mayfield Plans To Sue For Slander... This has got to be a bit of stress for Mayfield too.
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» Confirm Abuse Reportipopakeg43293388 said:
Jul 29, 2009 at 1:24 PM# 26 WHERE HAVE YOU BEEN? AS YOU CAN SEE I'M TRYING/STARTING TO GET MY ID. RIGHT SO I'M THE ONLY ONE USING IT! BPAINTER IS GOING TO TAKE CARE OF IT FOR ME! I GET BLAMED/OR THE CREDIT FOR SOME POST'S I HAVE'NT MADE,BUT I DON'T SWEAT THE SMALL S**T! LET ME HERE FROM YA BUDDY!
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» Confirm Abuse Reportpsdf250 said:
Jul 29, 2009 at 1:46 PM#30 been to and from Las Vegas. Also got tired of posting and nothing showing up!! One day something did show up but it was gone 10 minutes later. What got me was that there was no language that had to be filtered or libelous content,or personal or demeaning attacks directed at other users. (Did I get it all?) Can't figure it out.
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» Confirm Abuse Reportipopakeg43293388 said:
Jul 29, 2009 at 11:13 PMYeah,you know who, got Scene in a bad mood and they made some change's(for the better) we hope! We were having a good time on here yesterday for awhile,then "it" came back/never left,who care's! That truck race fri, Ron making history with 4 win's in a row! Then Carl,Sat,then bush loosing Sun,man what a good weekend for racing! Jr. was the only downer the whole weekend,but he ran in the top 10 all day! We are ready for Pocono!
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» Confirm Abuse Reportpsdf250 said:
Jul 30, 2009 at 8:04 AMHey #32 Got on this thing this morning and checked the story on Mayfield's step mother sueing him and guess whose back? But to his credit he was very civilized. Anyway I'm definetly hoping for a better weekend for the 88. It's way overdue.
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» Confirm Abuse Reportxbrownsx said:
Aug 3, 2009 at 2:23 AMI still have a huge issue with the stepmother. Says she saw and knows of Mayfield doing meth numerous times -- but never a peep from her. As if the lives of the 42 other drivers running with Mayfield in a race mean nothing. She should be brought up on charges of gross negilence - any of us could be charged if we know of immediate and personal knowledge that a crime is being or about to be committed.
Report as AbuseRegardless, Mayfield is done from racing. His name and reputation is forever ruined, no sponser will ever want to be associated with him.
Mayfield has his own self to blame though. That is crystal clear to me, much like the crystal meth is to Jeremy -- JUST KIDDING LOL!
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