NASCAR says Mayfield witness lied

NASCAR attorneys said Tuesday they can find no records to show an expert witness for Sprint Cup Series driver Jeremy Mayfield has the medical background he claims to have.

Harvey MacFenerstein claimed several degrees and certifications in an earlier affidavit, submitted to support Mayfield's claim that he was improperly drug tested.

Officials with several schools, associations and boards MacFenerstein cites said they have no evidence of his achievements, according to a motion filed in U.S. District Court.

Mayfield sued NASCAR last month claiming he was wrongly suspended for violating the sport's substance abuse policy. Attorneys for NASCAR have said he tested positive for a “dangerous illegal” drug, but Mayfield said he does not abuse drugs.

Tuesday's motion asks for all testimony backed by MacFenerstein's statement to be stricken from Mayfield's lawsuit.

MacFenerstein is president of Analytical Toxicology Corp., a drug-testing laboratory in San Antonio, Texas. He directed his office to refer any inquiries to his attorneys. They did not respond to calls Tuesday.

Mayfield's suit alleges NASCAR did not follow proper testing procedures and failed to give him a chance to prove his innocence. MacFenerstein's statement supports Mayfield's claims.

Among MacFenerstein's listed qualifications:

Bachelor of Science degree in medical technology from Mid Western State University of Texas. The university registrar's office said a search of school records failed to find any documentation that MacFenerstein received a degree from the university, according to an affidavit.

A registrar employee's sworn testimony showed “a Harvey Mac Fenerstein briefly attended … some classes” during one semester in 1976 as part of a cooperative program.

A medical doctor degree in clinical pathology from CETED University. Dr. Frederico De Noriega Olea, a Mexico-based attorney hired by NASCAR to investigate MacFenerstein's claims, submitted an affidavit saying officials at CETED, in Mexico, found no evidence that he obtained a degree there.

The Mexican medical licensing board also stated that MacFenerstein has not received a license to practice medicine.

Certification as a medical review officer. There is no record with two certifying organizations that MacFenerstein has been approved as an MRO, affidavits state.

Membership in a clinical agency. The American Association for Clinical Chemistry said MacFenerstein is not a member of the organization.

NASCAR has also filed a countersuit claiming Mayfield willfully violated NASCAR's substance abuse policy and defrauded NASCAR and its competitors of earnings.

It states that more than $150,000 in prize money was improperly awarded to Mayfield and that he was in three wrecks in the five Cup races he competed in this season while the drugs were in his system.