wombat666
July 16th, 2009, 05:50
:173go1::173go1::173go1::173go1::isadizzy:
NASCAR said driver Jeremy Mayfield tested positive a second time for methamphetamines and asked a federal judge to reinstate its suspension of Mayfield from racing.
"Given the serious safety concerns raised by Mr. Mayfield’s participation in NASCAR events, Defendants respectfully request that this Court immediately vacate its Order, direct Plaintiffs to select a suitable laboratory capable of testing for all three drugs at issue in this case, and provide such other and further relief as this Court deems just and proper," the motion reads.
In a filing submitted Wednesday evening, NASCAR also included an affidavit from Mayfield’s stepmother, Lisa Mayfield, which alleges his drug use since 1998 and says he "cooked some of his own" methamphetamine before buying it. Lisa Mayfield said in her affidavit she observed Jeremy Mayfield using methamphetamines on a race weekend at Darlington Raceway.
"I saw Jeremy using methamphetamine by snorting it up his nose at least 30 times during the seven years I was around him," she said.
Mayfield and his lawyer disputed NASCAR’s test results and Lisa Mayfield’s testimony.
NASCAR suspended Mayfield on May 9 for allegedly testing positive for methamphetamines in a test administered May 1. On July 1, federal judge Graham C. Mullen granted Mayfield a preliminary injunction so that he could return to racing as early as the Coke Zero 400 at Daytona International Speedway.
Mullen said NASCAR could test Mayfield often to determine if he is a "meth-head" and concluded that the harm to keeping Mayfield suspended was greater than the potential harm done to NASCAR should Mayfield return to racing.
Mayfield did not attempt to race in Daytona, citing an inability to mobilize his race team in time.
On July 6, two days after the Coke Zero 400 and five days before the following race in Chicago, NASCAR drug-tested Mayfield again. NASCAR says in the court documents that Mayfield was informed to report for a drug test shortly after 1 p.m. EDT. The documents allege Mayfield attempted to evade the drug test, which could not be administered until 8:15.
During an interview on Sirius Satellite Radio, Mayfield denied trying to avoid the drug test.
"Nobody was running and hiding," Mayfield said. "I was at my house for an hour-and-a-half waiting for them to get here."
Mayfield also said he conducted his own drug test that same day.
"We have test results from the same day an hour later that show he tested negative," said John Buric, one of Mayfield’s lawyers. " . . . I think it’s a little whimsical that one of the parties that have a vested interest in this case is conducting the testing. If NASCAR truly wants to be independent, they should have sent the sample out to an independent laboratory, not give it to one of the defendants."
NASCAR said in its motion that Mayfield was given the opportunity to test a sealed B sample at a separate facility, but his lawyers refused.
The most serious accusations came from Lisa Mayfield. It was the first time anyone claimed to have witnessed Mayfield’s drug use.
"She’s very angry and out to do what she wants to do and NASCAR jumped on the bandwagon," Jeremy Mayfield said. "It’s a whole different, separate thing. . . . Trying everything she can to get back at me, and what do you say?"
NASCAR said driver Jeremy Mayfield tested positive a second time for methamphetamines and asked a federal judge to reinstate its suspension of Mayfield from racing.
"Given the serious safety concerns raised by Mr. Mayfield’s participation in NASCAR events, Defendants respectfully request that this Court immediately vacate its Order, direct Plaintiffs to select a suitable laboratory capable of testing for all three drugs at issue in this case, and provide such other and further relief as this Court deems just and proper," the motion reads.
In a filing submitted Wednesday evening, NASCAR also included an affidavit from Mayfield’s stepmother, Lisa Mayfield, which alleges his drug use since 1998 and says he "cooked some of his own" methamphetamine before buying it. Lisa Mayfield said in her affidavit she observed Jeremy Mayfield using methamphetamines on a race weekend at Darlington Raceway.
"I saw Jeremy using methamphetamine by snorting it up his nose at least 30 times during the seven years I was around him," she said.
Mayfield and his lawyer disputed NASCAR’s test results and Lisa Mayfield’s testimony.
NASCAR suspended Mayfield on May 9 for allegedly testing positive for methamphetamines in a test administered May 1. On July 1, federal judge Graham C. Mullen granted Mayfield a preliminary injunction so that he could return to racing as early as the Coke Zero 400 at Daytona International Speedway.
Mullen said NASCAR could test Mayfield often to determine if he is a "meth-head" and concluded that the harm to keeping Mayfield suspended was greater than the potential harm done to NASCAR should Mayfield return to racing.
Mayfield did not attempt to race in Daytona, citing an inability to mobilize his race team in time.
On July 6, two days after the Coke Zero 400 and five days before the following race in Chicago, NASCAR drug-tested Mayfield again. NASCAR says in the court documents that Mayfield was informed to report for a drug test shortly after 1 p.m. EDT. The documents allege Mayfield attempted to evade the drug test, which could not be administered until 8:15.
During an interview on Sirius Satellite Radio, Mayfield denied trying to avoid the drug test.
"Nobody was running and hiding," Mayfield said. "I was at my house for an hour-and-a-half waiting for them to get here."
Mayfield also said he conducted his own drug test that same day.
"We have test results from the same day an hour later that show he tested negative," said John Buric, one of Mayfield’s lawyers. " . . . I think it’s a little whimsical that one of the parties that have a vested interest in this case is conducting the testing. If NASCAR truly wants to be independent, they should have sent the sample out to an independent laboratory, not give it to one of the defendants."
NASCAR said in its motion that Mayfield was given the opportunity to test a sealed B sample at a separate facility, but his lawyers refused.
The most serious accusations came from Lisa Mayfield. It was the first time anyone claimed to have witnessed Mayfield’s drug use.
"She’s very angry and out to do what she wants to do and NASCAR jumped on the bandwagon," Jeremy Mayfield said. "It’s a whole different, separate thing. . . . Trying everything she can to get back at me, and what do you say?"