NASCAR has called on the U.S. District Court to dismiss a sworn affidavit by Dr. Harvey MacFenerstein, a key expert in Jeremy Mayfield’s case.  The sanctioning body claims MacFenerstein’s basis for a temporary restraining order “was not well grounded” and that Mayfield and his attorneys “presented false testimony.”

MacFenerstein, the president of Analytical Toxicology Corp., provided Mayfield’s attorneys with a sworn affidavit that accused NASCAR of having a flawed drug-testing program that does not meet federal workplace guidelines in an attempt to lift the suspension of the owner/driver. Mayfield’s lawyers filed the motion on May 29, but it was denied by the Superior Court and a gag order was issued on both parties.

After attaining six affidavits of their own, NASCAR has asked that a large part of Mayfield’s suit is dismissed. Those affidavits claim MacFenerstein’s listed qualifications are false and thus a misrepresentation that dismisses a large part of Mayfield’s case.

According to the motion filed on Tuesday, the attorneys representing NASCAR claim:

-    MacFenerstein did not graduate or receive a degree of any kind from Midwestern State University of Texas.
-    CETED and UNAM in Mexico have no record of MacFenerstein as a former or current student.
-    There is no record of Mr. Harvey MacFenerstein’s registration as a medical doctor in Mexico.
-    MacFenerstein is not a member of the “American Association of [sic] Clinical Chemistry (the correct name is American Association for Clinical Chemistry
-    The two certifying MRO (medical review officers) bodies, the American Association of Medical Review Officers (“AAMRO”) and the Medical Review Officer Certification Council (“MROCC”) have no records of his certification as an MRO.

Darla Inglish, who has served as the university registrar at Midwestern State since 1993, said in a sworn affidavit attained by HardcoreRaceFans.com that:

“After a diligent search of the University’s records, the Midwestern State University Registrar’s office has been unable to locate any record of an individual named Harvey MacFenerstein having attended Midwestern State University during 1975 or at any other time.”

The university employee went on to explain that someone by the name of Harvey Mac Fenerstein attended the Midwestern State University “for some classes during one semester in the Fall of 1976 in a cooperative program with Shepherd Air Force Base in connection with a healthcare sciences program.”

Dr. Federico De Noriega Olea also issued an affidavit that claimed there was no proof that MacFenerstein has a degree from CETEC, the Centro Tecnologico de Educacion a Distancia (Technological Center for Long Distance Education).

His affidavit explains:

“I and others under my supervision have made personal contact with officers of CETED and the UNAM to inquire if they have any record of Mr. Harvey MacFenerstein or Harvey Fenerstein as a former student of the CETED of the UNAM.

“We have been officially informed by the CETED and the UNAM that they have no record at all of Mr. Harvey MacFenerstein or Harvey Fenerstein as a former or current student.”

In addition to refuting MacFenerstein’s credentials, the affidavit provided by Brian Compney, Executive Director of the MROCC, also addressed MacFenerstein’s claim that the SAMHSA Mandatory Guidelines and Proposed Revisions to the Mandatory Guidelines for Federal Workplace Drug Testing should have been the standard given to NASCAR’s drug testing policy.

Compney’s affidavit explained:

“While I am not familiar with NASCAR’s drug testing policy, I do know the SAMHSA Guidelines apply only to federally regulated industries and federal employees and in the absence of any state law, employer policy or collective bargaining agreement stating otherwise these guidelines are not applicable to non-federally mandated drug and or alcohol testing by private organizations. More particularly, sports organizations in general do not and would not follow the SAMHSA Guidelines because of the variety of additional drugs which would be tested in connection with sports activities.”

In sworn affidavit after sworn affidavit, MacFenerstein’s claims are clearly discredited. One side of this story is not telling the truth, and with NASCAR bringing affidavits from a variety of sources, things are not looking up for Mayfield and his attorneys.

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