Mayfield's Mayhem-Mis-communication Could Discredit Mayfield's Expert
NASCAR Sprint Cup driver, Jeremy Mayfield, has just been pitched another curve ball in his ongoing battle to be reinstated to the Sprint Cup Series after failing a drug test drivers are required to pass in order to race.
Harvey MacFenerstein, president of Analytical Toxicology Corp., a drug-testing laboratory in San Antonio, Texas, is the man Mr. Mayfield has submitted as his expert witness in Federal Court.
The problem lies in Mr. MacFenerstein's educational background as listed in an affidavit. According to the Associated Press:
Among MacFenerstein's qualifications listed in the affidavit are: he has a bachelor of science degree in medical technology from "Mid Western State University of Texas"; he obtained a medical doctor degree in clinical pathology from CETED University in Mexico; he is certified as a medical review officer, and has membership and certification from two different clinical agencies.
But NASCAR submitted six affidavits Tuesday disputing each of his claims with regards to his expertise and educational background.MacFenerstein fires back in communication with John Buric, an attorney for Mayfield.
MacFenerstein said he informed Buric he was not an MRO, he only attended a few classes at Midwestern State and his 1982 degree is from the Universidad Centro de Estudios Tecnologicos, which is more commonly called Universidad C.E.T.E.C. in the Dominican Republic. "I told him that I am not a medical review officer because I did not go to school for that and I am not qualified for that," MacFenerstein said. "I told them I went to C.E.T.E.C. There is no such CETED that was listed in the affidavit. I was told not to worry, it would all be deleted. When I found out it wasn't, they said 'Oh, we mustnot have deleted it'"The mis-communication or Buric's error has enabled NASCAR to file a legitimate complaint about the affidavit filed by MacFenerstein.
NASCAR demanded that the affidavit from MacFenerstein should be tossed from the record because of the errors which disqualify the expert witness. And by all rights, NASCAR should. If the affidavit is not removed from court, it could enable Mayfield's legal team to argue that NASCAR did not follow Federal workplace guidelines that require a second independent lap to test a back up sample for drugs. NASCAR used the same lab, Ashville, Tenn.-based Aegis Sciences Corporation to test both samples.
If this were the case, why doesn't Mayfield's legal team simply find another expert witness to describe the Federal guidelines instead of relying on what appears to be a discredited witness?
As far as Harvey MacFenerstein is concerned he is done.
"No way I am getting involved in this case anymore. It's been a nightmare."I think Jeremy Mayfield feels the same way. Perhaps if NASCAR finds in its good graces to let Jeremy race in the Sprint series again, he will make better decisions and consult an expert before ingesting drugs that could ruin his career.