NASCAR says Mayfield expert falsely represented himself

CHARLOTTE, N.C. (AP) — An expert witness for suspended driver Jeremy Mayfield does not have the medical degrees or certifications he listed in his qualifications, NASCAR alleged Tuesday.

In a motion filed in U.S. District Court, NASCAR asked that Dr. Harvey MacFenerstein’s sworn affidavit be dismissed from Mayfield’s lawsuit because the expert falsely represented himself on six counts. MacFenerstein is president of Analytical Toxicology Corp., a drug-testing laboratory in San Antonio, Texas.

Attorney’s for Mayfield filed a sworn affidavit from MacFenerstein that said NASCAR’s drug-testing program is flawed and does not meet federal workplace guidelines. His findings were the basis of Mayfield’s argument that his indefinite suspension for a failed drug test should be lifted.

Mayfield was suspended May 9 for failing a random drug test collected eight days earlier. NASCAR has not identified the substance he tested positive for, but described it in court as a “a dangerous, illegal, banned substance.” ¨

But NASCAR asked Tuesday that a large portion of Mayfield’s pending lawsuit be dismissed based on MacFenerstein’s misrepresentation in last month’s affidavit.

Among MacFenerstein’s listed qualifications in the affidavit are claims that 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.

But NASCAR submitted six affidavits Tuesday refuting each of his claims.