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. MacFenerstein is president of Analytical Toxicology Corp., a drug-testing laboratory in San Antonio, Texas.
Attorneys for Mayfield filed an affidavit from MacFenerstein that said NASCAR's drug-testing program is flawed and doesn't meet federal workplace guidelines. His findings were the basis of Mayfield's May 29 argument that his indefinite suspension for a failed drug test should be lifted.
NASCAR has not identified the substance Mayfield tested positive for but described it in court as "a dangerous, illegal, banned substance."
NASCAR asked Tuesday that a large portion of Mayfield's suit be dismissed based on MacFenerstein's alleged misrepresentation.
Among MacFenerstein's listed qualifications in the affidavit are a bachelor of science degree in medical technology from "Mid Western State University of Texas"; a medical doctor degree in clinical pathology from CETED University in Mexico; certification as a Medical Review Officer, and membership and certification from two different clinical agencies.
NASCAR submitted six affidavits Tuesday rebuting the 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 sign MacFenerstein received a degree there. In her sworn testimony, she said "a Harvey Mac Fenerstein briefly attended ... some classes" during one semester in 1976 as part of a cooperative program.
Dr. Frederico De Noriega Olea, a Mexico-based attorney hired by NASCAR, submitted an affidavit saying he found no proof MacFenerstein obtained a degree from CETED or has a license to practice medicine in Mexico.
Two more affidavits said MacFenerstein is not a member of the American Association for Clinical Chemistry, as he claimed, and there is no record with two certifying bodies that he's been approved as an MRO.
Mayfield attorney Bill Diehl has until July 6 to respond. He did not immediately return messages for comment.