Denver Native (Carol)
07-15-2009, 07:50 PM
http://sports.espn.go.com/rpm/nascar/cup/news/story?id=4330367
CHARLOTTE, N.C. -- NASCAR on Wednesday filed court papers asking that Jeremy Mayfield's indefinite suspension for violating the sport's substance abuse policy be reinstated after his most recent test came up positive for methamphetamines.
Court documents also included affidavits that Mayfield is a longtime user of the illegal drug.
"We say to the court that Jeremy flouted both this Court's authority and NASCAR's Substance Abuse Policy by ingesting the same illegal drug that he has repeatedly denied taking within days of the Court's granting of the preliminary injunction," court documents said.
Mayfield once again denied ever using the illegal drug.
"I don't trust anything NASCAR does, anything [program administrator] Dr. David Black does, never have, never will," Mayfield told The Associated Press in a phone interview.
An affidavit by Mayfield's stepmother, Lisa, said "she has personal knowledge of Mr. Mayfield using and even manufacturing methamphetamine, including his usage of methamphetamine before a race as far back as a decade ago."
"I first saw Jeremy using methamphetamine in 1998 at Jeremy's shop on Jackson Road in Mooresville, North Carolina," she said. "Jeremy cooked some of his own methamphetamine in his shop by the house until the stores took pseudoephedrine off the shelves. In addition to making methamphetamine for his own use, I am aware that Jeremy has bought methamphetamine from others."
She testified to seeing Mayfield use methamphetamine approximately 30 times throughout the years, including at least once before a race.
"I was concerned about his heavy use and talked to his father about it,'' said Lisa, whose husband has since passed away. "I saw Jeremy use methamphetamine by snorting it up his nose at least [30] times during the [7] years I was around him. Jeremy used methamphetamines not only in my presence, but also when we were both in the presence of others.
"Jeremy told me that he did methamphetamine before the [NASCAR awards ceremony in New York] when he drove for Ray Evernham."
She also referred to a 1999 trip to Myrtle Beach the week before the Darlington race.
"I saw Jeremy using methamphetamine in Myrtle Beach,'' she testified. "We left Myrtle Beach and traveled to Darlington for the race. I saw Jeremy using methamphetamine again when we reached Darlington."
Mayfield angrily contested his stepmother's account.
"Now they got this lying [expletive] to tell lies about me, someone I am embarrassed even uses the Mayfield name. She's tried everything she can do to get money out of me, I won't help her, so I guess she found a way to get money from NASCAR by giving them an affidavit full of lies."
Mayfield originally tested positive for methamphetamines on May 1 and was suspended eight days later. He was granted the injunction lifting the suspension two weeks ago in federal court by Judge Graham Mullen.
An attorney for Mayfield filed documents earlier Wednesday arguing that the temporary injunction lifting the suspension of the driver for violating NASCAR's substance abuse policy should stand.
The filing was an answer to the appeal by NASCAR arguing that Judge Mullen's ruling should be overturned because Mayfield was a danger to the sport.
Mayfield's attorney, John Buric, said he filed 17 exhibits arguing his point.
"There's nothing really to comment on other than we believe Judge Mullen was right and we don't believe there are any grounds for NASCAR to seek any stay from the 4th Circuit," Buric said. "The order should stand as it is."
NASCAR countered with the results of the test Mayfield took at his home on July 6.
Court documents said the test was conclusive and that additional tests were performed to exclude the possibility that the results were a combination of Adderall and Claritin-D as Mayfield has claimed.
"My only comment is that's their result," Buric told AP. "But what I want you to keep in mind is that test was performed by the defendants in the case. Aegis Laboratories and Dr. Black are defendants in this case. I don't know if NASCAR has the right to ask the defendant to test Jeremy's urine sample. It ought to be done independently, but NASCAR didn't do that."
Buric said the law firm had Mayfield tested at an independent lab "not associated with NASCAR" and the results were negative.
Documents also said Mayfield's urine sample was "very dilute," an indication that an excessive consumption of water was consumed "in an effort to defeat a drug test."
The filing also said the "B" sample remains sealed and available for testing at another laboratory, a point of contention in the initial claim. Mayfield's attorney argued that because the original "B" sample was tested at the same laboratory, Aegis, employed by NASCAR to conduct the first test that the results were compromised and should be thrown out.
Buric acknowledged the two sides are still haggling over a lab for the "B" sample and said NASCAR rejected the lab Mayfield's side had picked.
NASCAR hopes the latest test eliminates any doubt that the first tests were legitimate.
"Because Mr. Mayfield's repeated and confirmed use of methamphetamine violates NASCAR's Substance Abuse Policy, and because NASCAR must be permitted to protect the safety of its drivers, crews, and fans, as well as the integrity of the sport, Defendants respectfully request that the Court immediately vacate its July 7, 2009 Order and reinstate NASCAR's suspension of Mr. Mayfield," court documents said.
David Newton covers NASCAR for ESPN.com. He can be reached at dnewtonespn@aol.com. Information from The Associated Press was used in this report.
CHARLOTTE, N.C. -- NASCAR on Wednesday filed court papers asking that Jeremy Mayfield's indefinite suspension for violating the sport's substance abuse policy be reinstated after his most recent test came up positive for methamphetamines.
Court documents also included affidavits that Mayfield is a longtime user of the illegal drug.
"We say to the court that Jeremy flouted both this Court's authority and NASCAR's Substance Abuse Policy by ingesting the same illegal drug that he has repeatedly denied taking within days of the Court's granting of the preliminary injunction," court documents said.
Mayfield once again denied ever using the illegal drug.
"I don't trust anything NASCAR does, anything [program administrator] Dr. David Black does, never have, never will," Mayfield told The Associated Press in a phone interview.
An affidavit by Mayfield's stepmother, Lisa, said "she has personal knowledge of Mr. Mayfield using and even manufacturing methamphetamine, including his usage of methamphetamine before a race as far back as a decade ago."
"I first saw Jeremy using methamphetamine in 1998 at Jeremy's shop on Jackson Road in Mooresville, North Carolina," she said. "Jeremy cooked some of his own methamphetamine in his shop by the house until the stores took pseudoephedrine off the shelves. In addition to making methamphetamine for his own use, I am aware that Jeremy has bought methamphetamine from others."
She testified to seeing Mayfield use methamphetamine approximately 30 times throughout the years, including at least once before a race.
"I was concerned about his heavy use and talked to his father about it,'' said Lisa, whose husband has since passed away. "I saw Jeremy use methamphetamine by snorting it up his nose at least [30] times during the [7] years I was around him. Jeremy used methamphetamines not only in my presence, but also when we were both in the presence of others.
"Jeremy told me that he did methamphetamine before the [NASCAR awards ceremony in New York] when he drove for Ray Evernham."
She also referred to a 1999 trip to Myrtle Beach the week before the Darlington race.
"I saw Jeremy using methamphetamine in Myrtle Beach,'' she testified. "We left Myrtle Beach and traveled to Darlington for the race. I saw Jeremy using methamphetamine again when we reached Darlington."
Mayfield angrily contested his stepmother's account.
"Now they got this lying [expletive] to tell lies about me, someone I am embarrassed even uses the Mayfield name. She's tried everything she can do to get money out of me, I won't help her, so I guess she found a way to get money from NASCAR by giving them an affidavit full of lies."
Mayfield originally tested positive for methamphetamines on May 1 and was suspended eight days later. He was granted the injunction lifting the suspension two weeks ago in federal court by Judge Graham Mullen.
An attorney for Mayfield filed documents earlier Wednesday arguing that the temporary injunction lifting the suspension of the driver for violating NASCAR's substance abuse policy should stand.
The filing was an answer to the appeal by NASCAR arguing that Judge Mullen's ruling should be overturned because Mayfield was a danger to the sport.
Mayfield's attorney, John Buric, said he filed 17 exhibits arguing his point.
"There's nothing really to comment on other than we believe Judge Mullen was right and we don't believe there are any grounds for NASCAR to seek any stay from the 4th Circuit," Buric said. "The order should stand as it is."
NASCAR countered with the results of the test Mayfield took at his home on July 6.
Court documents said the test was conclusive and that additional tests were performed to exclude the possibility that the results were a combination of Adderall and Claritin-D as Mayfield has claimed.
"My only comment is that's their result," Buric told AP. "But what I want you to keep in mind is that test was performed by the defendants in the case. Aegis Laboratories and Dr. Black are defendants in this case. I don't know if NASCAR has the right to ask the defendant to test Jeremy's urine sample. It ought to be done independently, but NASCAR didn't do that."
Buric said the law firm had Mayfield tested at an independent lab "not associated with NASCAR" and the results were negative.
Documents also said Mayfield's urine sample was "very dilute," an indication that an excessive consumption of water was consumed "in an effort to defeat a drug test."
The filing also said the "B" sample remains sealed and available for testing at another laboratory, a point of contention in the initial claim. Mayfield's attorney argued that because the original "B" sample was tested at the same laboratory, Aegis, employed by NASCAR to conduct the first test that the results were compromised and should be thrown out.
Buric acknowledged the two sides are still haggling over a lab for the "B" sample and said NASCAR rejected the lab Mayfield's side had picked.
NASCAR hopes the latest test eliminates any doubt that the first tests were legitimate.
"Because Mr. Mayfield's repeated and confirmed use of methamphetamine violates NASCAR's Substance Abuse Policy, and because NASCAR must be permitted to protect the safety of its drivers, crews, and fans, as well as the integrity of the sport, Defendants respectfully request that the Court immediately vacate its July 7, 2009 Order and reinstate NASCAR's suspension of Mr. Mayfield," court documents said.
David Newton covers NASCAR for ESPN.com. He can be reached at dnewtonespn@aol.com. Information from The Associated Press was used in this report.