By admin | July 20, 2009
By Richard Allen
I do not know with certainty whether Jeremy Mayfield took methamphetamine or not.
I do know that NASCAR has two drug tests that say he did.
I also know that Mayfield and his lawyers have drug tests that say he is clean.
I know that Mayfield’s step-mother claims she saw him use meth on numerous occasions. And along with that, Mayfield claims his step-mother has reason to be less than honest when discussing his past.
But of all the things I know and do not know, perhaps the most important thing for the sport is that there are many out there who have grown discontent with NASCAR and are looking for anyone to be their hero in the cause against the stock car sanctioning body.
For those NASCAR haters, I am afraid you have chosen the wrong hero. I do not write that because I am prepared to say beyond a shadow of a doubt Mayfield is guilty, because I am not. I say it because no matter what you may think or hope, NASCAR is going to win this case.
Just consider one plain and simple fact. NASCAR has the wherewithal to carry this case as far as they need to. I highly doubt that is the true for Mayfield.
Mayfield has said he has backing behind him. But even if that is true, that backer had better have plenty to throw into this cause because it is going to take a lot. Even if his lawyers are working for free, which has been rumored, there will be limitations as to how long that will last.
Mayfield has already had to sell his equipment and is currently being sued by some of his suppliers.
Another problem for Mayfield and his well wishers is that the evidence is very much stacked against him. A reputable drug testing facility has produced a positive sample twice. On the other hand, the defense team had misrepresented the credentials of one of their doctors.
Mayfield claims that NASCAR spiked his sample. This is fuel on the fire for conspiracy theorists. However, without hard evidence that is all it is.
It would be difficult for any judge to believe a doctor would be willing to sacrifice his ability to practice as well as ruin his business just to falsify a test sample for one client. Dr. David Black and his Aegis Laboratories company, who is charged with handling NASCAR’s drug testing program, would be destroyed if a sample were tampered with. That would be a high price to pay just to satisfy one customer.
And perhaps worst of all for Mayfield and those who want so badly for him to win was his recorded explosion of a few days ago. While many may have read his comments aimed at NASCAR chairman Brian France with glee, such a loss of composure and the subsequent name calling and mudslinging rarely helps a defendant’s cause in the long run. Even his own lawyers discouraged Mayfield from doing such interviews.
Along the same lines, many probably saw nothing wrong with Mayfield’s comments regarding his step-mother, but again, such name calling and mudslinging does not help his cause. While some may believe he is doing the right thing by fighting back, others may view his actions as nothing more than the desperation of a guilty person. By taking the course of action he took, Mayfield is playing a dangerous game because there is no telling which way a judge or jury may view his remarks.
Jeremy Mayfield and his team are fighting an uphill battle. There is a preponderance of evidence against their case. And, they have an opponent with very deep pockets.
I know there are many who hope this will be the time NASCAR has finally overstepped its bounds and will get caught. As anyone who has read very many of my columns on this website knows, I am often critical of the way NASCAR goes about its business. However, in this case I believe there is just no way the so called hero can win. There are just too many things working against him, not the least of which is himself.
I , for one, will be very surprised if NASCAR haters find the end result they are hoping for in this case.
Richard Allen is a member of the National Motorsports Press Association. His weekly column appears in The Mountain Press every Wednesday.
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