Charlotte, N.C. (AP) -- NASCAR accused Jeremy
Mayfield of lying to a federal court about the chronology of a second
random drug test, offering to provide an audio tape of the conversation
in which Mayfield was told to submit a sample. The driver says the
telephone call went to voicemail.
accusation came Monday in court filings that ask U.S. District Court
Judge Graham Mullen to lift the July 1 injunction he granted Mayfield
so he could return to racing.
the sworn testimony Mayfield provided to U.S. District Court last week,
including the assertion that a July 6 request for a second drug test
went to his voicemail at 1:18 p.m. He said he didn't get the message
until about 40 minutes later, making it difficult for him to meet the
two-hour deadline to report for testing.
provided a transcript of the actual conversation between Mayfield and
Regina Sweeney, an employee of Aegis Sciences Corp., which runs
NASCAR's drug-testing program. NASCAR said it would provide the
recording upon request.
"I'm calling on
behalf of NASCAR who has requested that you take a drug test today
within the next two hours ... and I was going to help find you a
location that you could go to based upon where you are right now,"
Sweeney said in the transcript.
I'm gonna have to - let me talk to my attorney first. ... So, and I'll
get back with you," Mayfield is quoted as replying.
to Mayfield's affidavit from last week, he was in a meeting and did not
receive the message until 2 p.m. and it was 2:44 p.m. when he was
finally told what labortatory to go to - making it impossible for him
to meet the testing deadline.
appears to have completely "forgotten" that he had a live conversation
with Ms. Sweeney ... in which she advised him he could go to a testing
place ... the address of which Mayfield did not take down because he
wanted to talk to his attorney first," the filing said.
also accused Mayfield of lying when he told the court he was instructed
to return to his home at 5 p.m., where he waited almost three hours for
NASCAR representatives to collect a sample.
account is contradicted by Mayfield's counsel, who claimed that at 5:32
p.m., Mayfield was still driving around Concord, looking for the
testing location," the filing said. NASCAR submitted e-mail exchanges
between Mayfield attorney John Buric and its counsel to contradict
Buric did not immediately return a request for comment.
was suspended May 9 for failing a random drug test taken eight days
earlier for what NASCAR has said was a positive test for
methamphetamines. The driver sued, and Mullen lifted the suspension
based on the argument that NASCAR's testing system is flawed.
has asked Mullen to reverse the injunction based on new evidence - the
failed July 6 test, and sworn testimony from Mayfield's estranged
stepmother that she witnessed him using meth at least 30 times over the
An appeals court last week issued a
ruling that put Mayfield back under suspension, but the request to
reverse the injunction is one of the unresolved legal challenges before
NASCAR's filing Monday also contends
that in addition to the eyewitness account from Lisa Mayfield, it has
several other witnesses willing to testify about Mayfield's
methamphetamine use if subpoenaed.
has apparently contacted at least one witness to convince the witness
that despite her recollection, he never used drugs," the filing said.