Full Throttle

Earlier this week NASCAR disputed the credentials of an expert offered by the Mayfield legal team. Specifically NASCAR called into question a sworn affidavit from Dr. Harvey MacFenerstein.

Before I start, hear that noise? Thump-thump, thump-thump!

That’s the sound of two more bodies tossed under the Mayfield bus in what is fast resembling a Magical Mystery Tour than it does a court case.

To be fair, NASCAR was first to toss Dr. Harvey MacFenerstein under a bus but it now appears they have an accomplice, one of Mayfield’s lawyers.

MacFenerstein has come out and said the affidavit contained errors and that those errors were pointed out to John Buric, an attorney for Mayfield, and was assured the corrections would be made before the affidavit was submitted May 29.

“I said to him, ‘What’s going on?’ “ MacFenerstein said in a phone interview with The Associated Press. “He said not to worry and ‘Just don’t say anything.’ Well, now I am saying something because this has caused embarrassment to me, this has hurt my business. I am getting threats through e-mail. It’s been a nightmare.”

I won’t go into detail, specifics can be read at the link above, but it’s plain Mayfield’s lawyer John Buric performed a major league screw-up.

Not that MacFenerstein isn’t without culpability, last I heard one had to read an affidavit before one affixes their name to it. Isn’t it safe to assume the original containing the alleged errors was read (if not actually written by MacFenerstein) and signed by him?

What does MacFenerstein think he is a U.S. CongressCritter who make a habit of signing things with only a cursory effort at reading them?

MacFenerstein said he was referred to Mayfield’s attorneys by another testing lab that declined to review Mayfield’s results because of a perceived conflict of interest. He said he reviewed the test results free of charge, as “a favor to a friend.”

“Next thing I know, they want me to do an affidavit,” he said. “Now they want me to do another affidavit. No way I am getting involved in this case anymore. It’s been a nightmare.”

Oops let me correct myself, MacFenerstein tossed himself under the bus, he no longer wants to be part of the Mayfield Magical Mystery Tour.

As for John Buric he’s predictably, and most probably, forcibly under the bus after screwing the pooch.