Mayfield cleared to return to NASCAR
By The Associated Press
Thursday, July 02, 2009 |
DAYTONA BEACH, Fla. — Two team owners won’t put Jeremy Mayfield in their cars this weekend at Daytona International Speedway, one because of sponsor concerns and the other because Mayfield is “marked” following his legal battle with NASCAR.
Mayfield faces an afternoon deadline to bring Mayfield Motorsports to Daytona in time to join the 45 other entrants. His indefinite suspension for a failed drug test was lifted by a federal judge Wednesday, allowing him to race this weekend.
He still can bring his own No. 41 Toyota to the track, but the $5,005 late entry fee is daunting for the cash-strapped Mayfield. He said in an affidavit last week that he laid off 10 employees, borrowed money from family and had to sell personal assets to cover his living expenses.
He’s also being sued for more than $86,000 by Triad Racing Technologies for parts, pieces and chassis work that Mayfield allegedly owes the company.
Mayfield said outside court Wednesday he would travel to Daytona, but wasn’t sure in what capacity. His suspension covered both his roles as driver and owner of his car, and he wasn’t sure he could put something together in time.
Larry Gunselman and Tommy Baldwin, two owners who potentially could have given Mayfield a ride, said they weren’t considering him for Saturday night’s race.
“Whether he’s right, wrong or different right now, he’s marked,” said Baldwin, “and that’s going to hurt him probably for the rest of his career.”
NASCAR suspended Mayfield on May 9 after he tested positive in a random drug test on May 1, and spokesman Ramsey Poston confirmed Wednesday that Mayfield tested positive for methamphetamines. Mayfield sued, and U.S. District Court Judge Graham Mullen issued a temporary injunction that allows Mayfield to return to NASCAR this weekend.
Driving Gunselman’s No. 64 was believed to be Mayfield’s best opportunity at Daytona, but Gunselman said Southeastern-based discount store Fred’s, which signed on to sponsor his car this weekend, did not want to associate itself with Mayfield.
“They probably would choose not to be involved at this particular time,” said Gunselman, who added he had not had any direct conversations with Mayfield about replacing Mike Wallace in the car.
“For being a small, startup team that’s struggled, I have to consider every potential scenario for our race team. Everybody’s feelings are kind of sensitive at the moment, and I’d have to be very aware of everything involved.”
Gunselman said he’d be willing to work with Mayfield going forward, and with no sponsor lined up for next week’s race in Chicago, he wouldn’t have the Fred’s conflict. He also said NASCAR told him Mayfield is clear to drive.
“They said their position is Jeremy is an approved driver, so it was kind of left at that. I don’t know where it’s going to go from here,” Gunselman said. “I’ve been involved in NASCAR for a long time and I’m hoping all parties can put this thing behind them and move forward in a positive manner. If I can help mediate that or be somehow involved in that, that would be wonderful.”
Ten teams are trying to qualify for eight open spots in Saturday night’s race, but only a handful likely would consider making a driver change to accommodate Mayfield.
Baldwin, who was briefly crew chief for Mayfield at Bill Davis Racing in 2006, said he was sticking with Patrick Carpentier this weekend.
“We all like Jeremy, there’s no doubt about that,” Baldwin said. “The unfortunate thing is the last couple months here, he’s gone through his struggles and it’s not going to help him in the business world of racing. That’s for sure.”
Court hearing
In court Wednesday, Mullen concluded the “likelihood of a false positive in this case is quite substantial,” as he ruled in Mayfield’s favor after about two hours of arguments, including NASCAR’s contention that Mayfield is a danger to the sport after testing positive for high amounts of a dangerous, illegal drug.
Mullen sided with Mayfield’s attorney, Bill Diehl, who argued the test results would only be accurate if Mayfield were a habitual meth user. If Mayfield used the drug at the levels the NASCAR test indicated, Diehl suggested Mayfield would be “either a walking zombie or he’s dead.”
“His teeth were never rotting out, his eyes were not sunken,” Diehl said. “He never displayed any characteristics that are commonly seen by everyone among people who use meth.”
In an affidavit filed last week, Mayfield denied ever using methamphetamines and said he didn’t know how he failed the May 1 random drug test. He was suspended eight days later.
Mullen ruled the “harm to Mr. Mayfield significantly outweighs the harm to NASCAR” in issuing the injunction, which doesn’t settle the larger civil suit filed by Mayfield or NASCAR’s countersuit.
“We’re disappointed, but we’ll honor the court’s wishes. That’s where we stand,” NASCAR chairman Brian France said. “I’m not going to comment on what we’re going to do yet on the next legal process.”
To address NASCAR’s concerns of allowing someone who tested positive for an illegal drug back on the track, Mullen said NASCAR can test Mayfield constantly and ask for a hair sample “to determine if he’s been a meth-head or not.”
“If they want it, I cut it about once a week so we can do that,” Mayfield said. “Whatever we’ve got to do.”
NASCAR spokesman Ramsey Poston said Mayfield will be required to undergo a drug test if he attempts to qualify for Saturday night’s race. Mayfield said he gladly would submit to any tests.
He also might have to win over some drivers. Jeff Gordon and Jimmie Johnson submitted affidavits last week as part of a NASCAR filing. In the court documents, the drivers said they are not “willing to put my life at risk driving a race car on a NASCAR track with drivers testing positive for drugs that diminish their capacity to drive a race car.”
Mayfield said he understands drivers won’t hesitate to share their feelings.
“We heard Jimmie also say during the week in one of the interviews that it wasn’t directed at me, it was the policy,” Mayfield said. “I understand that. That’s what they feel. It’s part of it.”
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