NASCAR goes after expert witness in Mayfield case

CHARLOTTE, N.C. – 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.

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 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.

NASCAR refuted each of his claims.

Darla English, an employee in the university registrar’s office at Midwestern State since 1989, said a search of school records failed to find any documentation that MacFenerstein received a degree there.

Dr. Frederico De Noriega Olea, an attorney hired by NASCAR, submitted an affidavit saying he found no proof that MacFenerstein obtained a degree from CETED.

Two more affidavits claimed that MacFenerstein is not a member of the American Association for Clinical Chemistry, as he claimed, and there is no record that he’s been approved as an MRO.

The final charge by NASCAR disputes MacFenerstein’s claim that ATC has proper certification as a drug-testing lab.