Full Throttle

Le Affair Jeremy Mayfield is starting to read like a script written by an author that resides in a alternative universe.

The second in what in all likelihood will be an unending series of court appearances attorney’s for Mayfield filed a sworn affidavit from Dr. Harvey MacFenerstein that said NASCAR’s drug-testing program is flawed and does not meet federal workplace guidelines.

According to the affidavit MacFenerstein is president of Analytical Toxicology Corp., a laboratory in San Antonio, Texas.

It goes on to claim 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.

Not so NASCAR says and submitted six affidavits Tuesday refuting each of his claims.

Darla English, an employee in the university registrar’s office at Midwestern State since 1989, said a search of school records failed to find any documentation that MacFenerstein received a degree from the university. Her sworn testimony showed “a Harvey Mac Fenerstein briefly attended … some classes” during one semester in 1976 as part of a co-operative program.

Dr. Frederico De Noriega Olea, a Mexico-based lawyer hired by NASCAR to investigate MacFenerstein’s claims, submitted an affidavit saying he found no proof that MacFenerstein obtained a degree from CETED or has a license to practice medicine in Mexico.

Two more affidavits claimed that MacFenerstein is not a member of the American Association for Clinical Chemistry, as he claimed, and there is no record with two certifying bodies that he’s been approved as an MRO.

The final charge by NASCAR disputes MacFenerstein’s claim that ATC has proper certification as a drug-testing laboratory.

“The sole support for MacFenerstein’s status as an expert witness was his supposed credentials, which have been shown to be false,” NASCAR said in the motion.

NASCAR asked in its motion that Mayfield lawyers be sanctioned for failing to conduct a “reasonable inquiry” into MacFenerstein’s qualifications, and asked for reimbursement of costs and fees related to defending itself against Mayfield and investigating MacFenerstein.

With all due respect to Mayfield’s lawyer John Buric, who appears to be all he’s purported to be, I want to know who else in on his legal team?

What other lawyer’s are on his team, Beagle, Shyster and Beagle?