NASCAR Looking for a Do Over with Judge Mullin - UPDATED
NASCAR has asked a federal judge Graham Mullen to reverse his ruling of last week and keep driver Jeremy Mayfield off the track.
NASCAR filed the motion asking U.S. District Court Judge Graham Mullen to reinstate Mayfield’s ban. He was suspended May 9 after failing a random drug test, and NASCAR said he tested positive for methamphetamine.
NASCAR disputes Mullen’s conclusion, and says Mayfield poses a threat to public safety. NASCAR also filed a notice saying it plans to bring the case before a federal appeals court.
I would suspect without some “deal breaking” additional evidence provided by NASCAR judge Mullen won’t reverse himself.
That said, NASCAR’s move into federal appeals court could raise the possibility Mayfield may face reinstatement of the ban until such time as the appeal is heard at that level.
But that’s a guess on my part, we’ll all have to wait and see.
I notice Mayfield isn’t on the entry list for this weeks event at Chicagoland. It’s still possible, assuming he enters his own team or someone offers him a ride, he has until one hour prior to start of the first practice session to enter.
Something about Mayfield’s successful attempt at lifting the race ban - at least at this point - has been bothering me.
Mayfield’s stated purpose all along was to race at Daytona this past weekend, that didn’t happen for several reasons that were well publicized.
The one reason that made little sense to me was the claim he didn’t have a car set-up for the high banks of Daytona.
I will grant with the ban lifted last week there was about twenty-four hours to both enter the event and haul the race car to DIS, but why wasn’t he prepared for that eventuallity?
Judge Forrest Bridges first denied Mayfield’s request to lift the ban in early June, that was followed last week by judge Mullen lifting the ban on July one.
If Mayfield was so anxious to race at Daytona, and knowing full well the ban might be lifted last week, why wasn’t a car ready to go?
Was it piss-poor planning by Mayfield or did he really have any intention to race from the get-go?
I don’t have the answer, only Mayfield does, but I know if in his position I damn sure would have been ready for any eventuality.
Apparently Mayfield doesn’t think that way.
Below are all the previous posts on this subject listed from latest to oldest.
- The Last Nail in Jeremy Mayfield’s Racing Coffin?
- Le Affair Mayfield Claims Two More Victims
- Credentials? Mayfield Don’t Need No Stinkin’ Credentials!
- Could this be the Future of any Mayfield Lawsuit?
- Mayfield Speaks, NASCAR Issues Rebuttal (Updated)
- This NASCAR “Drug Thing” is Pissing Me Off!
- Hey Buddy, You’re Singing to this Choir
- Jeremy Mayfield, Two Others Booted for Drug Abuse
UPDATE: The number of pee-pee tests given to Mayfield is growing larger than the national debt. The number has gone from three to five this week after two more were given to him Monday.
One test was given at Mayfield’s home and one was given by an independent lab.
Mayfield attorney John Buric claims these tests prove the driver is “not a danger.”
Well Holy Urination Batman, does anyone think these tests would come up positive for anything except maybe vitamin C due to excessive consumption of OJ?
Or something?
They may turn out to be negative for any substance, and probably will, but that in no way negates the original positive tests, nor does it allow a basis for the suspension to be lifted, not until Mayfield completes the mandated rehab program. A program he’s refused to participate in.
Mayfield better hope all these legal maneuvers are coming pro-bono because he’s flat-busted broke and the bill is piling up fast.
UPDATE II: Here is an AP story, VIA the NASCAR website. that gives more detail than the original Jenna Fryer report.
Does anyone really believe in this day and age someone can get lost for seven hours, not to mention “refusing” to let a NASCAR mandated lab technician into your own home for an hour after the first knock on your front door?
And BTW, his lawyer Buric told Mayfield when learning his client was lost advised him to “go to our lab, go to our doctors,” as we know according to this latest story “he provided a sample to our [their] own doctors.”
Puzzle me this, how is that any different than their complaint about NASCAR not using an “independent lab?”
Mayfield and his legal brain trust have their own lab for their own testing purposes, with origin and certification unknown. To this humble observer that varies little from them contesting NASCAR’s handling of his original “A” and “B” samples because they weren’t tested by separate and independent labs.
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“…….why wasn’t a car ready to go?” Because his sponsors have all left him, in all probability.
I heard on the tube that the judge stated there was a significant probability of a false positive, and NASCAR should have sent the “B” sample to another lab for the follow up test as opposed to the lab that tested sample A. And before you throw me under the bus Marc, I have to assume the judge has been made aware of all the circumstances of the case presented to date.
I previously stated I was off the Mayfield “I didn’t do it” bandwagon. It may be down to one instrument severely out of tune, but I’ll continue to listen.
Hold onto you hat George… under the Greyhound you goooooo.
I’ll restate what I’ve said before: Judge Mullen’s ruling wasn’t on the case itself only on lifting the injunction preventing Mayfield from racing.
In total the hearing lasted approx three hours, there’s no way in hell all evidence from both sides was heard and ruled on. His shyster, er I mean lawyer Diehl has previously stated the case will eventually take up to four weeks to find a conclusion.
I’m just not buying judge Mullen heard all there is to be heard, he defaulted in favor of Mayfield to protects his rights and job. And probably assumed it would be appealed. Not that there is anything wrong with that, I’m just saying.
One apparent fact that came out of today’s filing by NASCAR is “Mayfield’s expert conceded that the level of methamphetamine revealed by Mayfield’s urine test indicates that Mayfield may be a chronic methamphetamine user.”
Why did the judge discount Mayfield’s own expert?
I haven’t clue one but it seems a bit strange to me.
As for his sponsorship, well that’s obvious, in fact Fred’s one sponsor of a car he could have jumped in at Daytona said no friggin’ way.
I based my speculation on Jeremy’s own words that plainly indicated while sponsorship is a problem he didn’t have a car set-up for Daytona.
I’ll ask again, why the hell not knowing here was a possibility the injunction would be lifted the day before practice commenced?
And BTW Diehl can’t have it both ways, he wants NASCAR’s program to follow Fed guidelines and at the same time whines about how samples “A” and “B” were handled.
In a previous post I proved Fed guidelines are only for gov. funded entities or those operating under a Gov. contract. Not to mention no where does it state a private company such as NASCAR is required to be part of or follow the Fed program.
Furthermore, there’s no requirement for both samples be tested at two separate labs.
Frankly, Diehl is full of shiite, but hey, that’s what lawyers are paid to do.
All this hot air aside, like you I’m still willing to listen, at the same time I’m not going to accept some of the crap that’s been flung around at this point.
Are those Michelin tracks across my back or is that a Goodyear pattern:)???
Dunlaps my friend.