The Daily Southerner, Tarboro, NC

Sports

July 2, 2009

Suspension lifted on Mayfield

CHARLOTTE — A judge issued a temporary injunction on Wednesday to lift Jeremy Mayfield’s drug suspension, leaving the NASCAR driver free to race at Daytona this weekend.

U.S. District Court Judge Graham Mullen concluded the “likelihood of a false positive in this case is quite substantial.” The decision came after NASCAR’s lawyers portrayed Mayfield as a danger to the sport after he tested positive for methamphetamines on May 1. He was suspended indefinitely eight days later.

Mayfield’s lawyers argued he never used recreational drugs and that NASCAR’s testing system was flawed.

“This is huge for us. This means more to me probably than any race I’ve ever won or anything,” a smiling Mayfield said outside the courtroom, with his wife, Shana, at his side. “To come out here and do what we did today. ... All the attorneys worked tirelessly and endlessly. It all paid off for us.”

Still, Mayfield said he was unsure if he would be able to secure the money needed to bring his car to Daytona. The deadline to enter Saturday’s race was June 23. Mayfield, however, still can join the race as a late entry until the garage opens at 8:30 a.m. Thursday though he would not earn any championship points.

Mayfield also suggested he might drive a car for another team and said a decision would be made soon.

“It’s kind of late in the game right now, but we’re able to go. That was our goal, to be able to go back to work and race cars,” Mayfield said. “The main thing is to clear the air and let the fans know. It just feels good to get this off our back, and now we’ll move forward.”

NASCAR chairman Brian France said the organization has no immediate plans to file an appeal, but he didn’t rule it out.

“We’re disappointed, but we’ll honor the court’s wishes. That’s where we stand,” France said. “I’m not going to comment on what we’re going to do yet on the next legal process.”

Mullen ruled the “harm to Mr. Mayfield significantly outweighs the harm to NASCAR” in issuing the injunction, which doesn’t settle the larger civil suit filed by Mayfield or NASCAR’s countersuit.

While addressing NASCAR’s concerns of allowing someone who tested positive for an illegal drug back on the track, Mullen said NASCAR can test Mayfield constantly and ask for a hair sample “to determine if he’s been a meth-head or not.”

“If they want it, I cut it about once a week so we can do that,” Mayfield said. “Whatever we’ve got to do.”

NASCAR spokesman Ramsey Poston said if Mayfield attempts to qualify for the race, he will be required to undergo a drug test. Mayfield said he would gladly submit to tests.

Mayfield attorney Bill Diehl argued in court that his client never had the opportunity to challenge the positive test and has never shown any characteristics of a meth abuser. If Mayfield used the drug at the levels NASCAR has suggested, Diehl suggested Mayfield would be “either a walking zombie or he’s dead.

“His teeth were never rotting out, his eyes were not sunken,” Diehl said. “He never displayed any characteristics that are commonly seen by everyone among people who use meth.”

In an affidavit filed last week, Mayfield denied ever using methamphetamines and said he didn’t know how he failed the May 1 random drug test.

Mayfield has blamed his positive test result on the combination of Adderall for Attention Deficit Hyperactivity Disorder, and Claritin-D for allergies, an explanation repeatedly debunked by NASCAR’s program administrator.

But NASCAR attorney Paul Hendrick said the “massive amounts” of methamphetamines in the drug sample indicate Mayfield’s claim is a “statement that’s simply not true.”

Diehl also argued that NASCAR’s drug-testing program is flawed because Mayfield never had the opportunity to get his backup “B” sample tested by an independent laboratory. Nashville, Tenn.-based Aegis Sciences Corp., which runs NASCAR’s testing program, tested both of Mayfield’s samples.

Diehl argued that federal guidelines allow an individual a 72-hour window to have an independent lab analyze a sealed backup sample. He said that when Aegis tested the backup “B” sample two days after the “A” sample came back positive, Mayfield lost any opportunity to challenge the results because the seal had been broken on the second sample.

Hendrick countered that argument, saying the governing body is a private company that does not need to follow the federal guidelines.

“This is not a case about chocolate milk or orange juice,” said Helen Maher, another NASCAR attorney. “This is about public safety.”

“Who will protect the drivers? Who will protect the fans?” she asked, if Mayfield were allowed back on the track.

Text Only
Sports
  • Christain Buffaloe.jpg Local youth wins 2012 United States Kyokushin Karate Championship

    Christian Buffaloe, 12 year old son/student of Nash County Kyokushin Karate instructor Kenny Buffaloe, recently won the youth division of the Japan sponsored "2012 Kyokushin Karate U.S. Weight Category Tournament" in Los Angeles, California on January 22nd. This annual tournament is one of the largest and most prestigious Kyokushin Karate full  contact competitions outside of Japan

    February 9, 2012 1 Photo

  • Imani Dye.jpg Vikings swept by Jaguars in EPC action

    The Tarboro Vikings played right with the Farmville Central Jaguars Tuesday on senior night in Tarboro, but couldn't put a complete game together and the Jaguars pulled away in the fourth quarter. They defeated the Vikings 61-39.
    "We came out strong and played good ball until the end of the third quarter," Tarboro head coach Craig Savage said. "Then Farmville Central made a run and we couldn't recover."

    February 8, 2012 1 Photo

  • Cougar boys win against Rams

    February 8, 2012

  • Javin Hinton.jpg Tarboro defeats SWE 76-62 to get first conference win

    SouthWest Edgecombe Cougars head basketball coach Tom Wooten had to make some tough decisions Friday morning. He had to decide if he needed to cancel his varsity basketball game with Tarboro or cancel the JV game and move the JV players up to play Tarboro's varsity team.

    February 6, 2012 1 Photo

  • Rashawnda Pevey.jpg Lady Vikings beat Lady Cougars for third time this season 42-34

    Most basketball experts will say that it is hard for one team to beat another three times in the same year. Friday night the SouthWest Edgecombe Lady Cougars tried their best to make that a true statement in their third match up of the year with the Tarboro Lady Vikings. The Lady Cougars gave a game effort, but came up short on the scoreboard, losing to the Lady Vikings by the score of 42-34.

    February 6, 2012 1 Photo

  • NE Warriors split with Weldon; boys lose, girls win in TRC action

    LEGGETT – Senior Jasmine Downing picked up her second consecutive triple double with 14 points, 11 rebounds and 10 blocked shots Friday night to lead the Lady Warriors to a 51-40 win over the Lady Chargers of Weldon. With the win, the Lady Warriors find themselves in the middle of the pack in the Tar Roanoke Conference.

    February 6, 2012

  • First 2012 hickory shad caught

    Henry C. Knight, III, caught the winner in the 2nd Annual Tar River First Shad Contest, in Tarboro this past Sunday morning about 9 a.m. Henry Knight? Are you kidding me?
    Henry winning this season’s Tar River First Shad Contest is about like Albert Einstein being a contestant on Jeopardy, and asking Alex Trebeck, in his best old-world German accent, “Alex, I vood like you should give me da physics category for $2000.” It’s a done deal, my friend. Take the money to the bank.

    February 3, 2012

  • Rashwanda Pevey.jpg Cougar boys, girls both lose to Panthers in Eastern Plains Conference action

    PINETOPS – The SouthWest Cougars bounced back Tuesday and played the way their head coach Tom Wooten knew his team was capable of playing, but they fell short against Eastern Plains Conference foe the North Pitt Panthers. They were defeated 62-52.

    February 1, 2012 2 Photos

  • Warriors sweep Kipp Pride in conference play

    LEGGETT – North Edgecombe rolled past Kipp Pride 70-56 with the help of four players who scored a combined total of 57 points to lead the Warriors. Senior Devonte Lloyd, 22 points, Denzel Lucas, 12; Mark Moore, 10; Quantarius Williams, 13.

    February 1, 2012

  • Tarboro falls to Kinston twice

    KINSTON – The Kinston Vikings, the fourth ranked 2A team in the state, had all they can handle last night as the Tarboro Vikings stayed with them for three quarters, with Kinston finally securing an 83-69 victory. Kinston remains tied for the Eastern Plains 2A conference lead, while Tarboro failed again to capture their first victory in league play. But Tarboro did not go down easy for the talented Kinston squad, who also benefitted from numerous favorable calls from the officials throughout the evening.

    February 1, 2012