MAY 19TH
A clearly upset Dr David Black took exception to Mayfield’s comments about never being told what his test results revealed. Black said “I spoke with him about his positive test result on the day he was suspended. I spoke to him directly about the results and, yes, it was by name of what he tested positive for. ” Black said he wasn’t aware if Mayfield received a copy of the test results and noted that the report would have been sent to him by NASCAR and not by Aegis.
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NASCAR Spokesman Ramsey Poston said that no one at NASCAR was aware that Mayfield had ever asked for a copy of the report. “We’d be happy to provide one if he wants it. We’ve done this in the past upon request for those who tested positive,” Poston said.
Mayfield announces that he has retained the services of high profile attorney Bill Diehl and all future comments on his situation will be issued by his attorney.
MAY 21ST
Mayfield and Diehl meets with NASCAR officials and their counsel. Diehl called the meeting “cordial” but added that there was no real progress made on resolving the issue. “We’re contesting everything that has happened, we’re hoping that it’s a mistake,” he said.
He declined to reveal the name of the banned substance that led to his client’s suspension but did say that he has received two copies of the toxicology report from NASCAR.
NASCAR spokesman Ramsey Poston agreed that the meeting was cordial and added “they want to get Jeremy back into the car and there’s a well defined program to do that. If he’s successful with that then he can get back into the car.
Following the meeting Mayfield and Diehl were picked up by Shania Mayfield. A camera man was riding in the back seat and began filming Mayfield talking with the crowd that had gathered. Mayfield was very polite and friendly but was told by Diehl not to make any comments on his situation.
MAY 22ND
Attorney Bill Diehl did a live interview on the national radio program, “Sirius Speedway”, hosted by Dave Moody and said that a possible lawsuit depends on what happens between Mayfield and NASCAR over the next few days.
He declined to comment on what exactly was said during the meeting with NASCAR but did note that the focus of the meeting was on whether or not Mayfield was suspended properly, was it legitimate, should he remain suspended and should he do rehab.
Diehl also told Moody that there were some side issues to be considered adding “They’ve said a lot of unpleasant things about him that Jeremy Mayfield doesn’t believe are true. There’s a separate remedy for that kind of behavior ” Diehl specifically mentioned NASCAR Chairman Brian France who, from a published report that he had read, reportedly said “the serous recreational drug use by Jeremy Mayfield was very difficult, very bad and we’re not going to tolerate it.” Responding to that quote Diehl said “accusing somebody that’s driving a race car at a couple of hundred miles per hour of serious recreational drug use is probably not too good of a thing to say about him especially if it’s not true.”
During the course of the interview with Moody, Diehl declined to name the specific drug from the test results nor would he name Mayfield’s prescription that he combined with the Claritin D tablets which was purchased from a Richmond-Virginia store near the race track.
When asked what it would take to avoid a lawsuit, Diehl said “some type of acknowledgement that what happened was a mistake on the part of somebody in connection with what they did and how they did it. We’re exploring that with them. They’ve said it, they’ve suspended him and we can’t put Humpty Dumpty back together again. Somebody’s going to have to come forward and acknowledge that, well, we thought we did what we were supposed to do, maybe we made a mistake, let’s try again.”
Diehl wouldn’t comment on a final deadline on filing a lawsuit but he did tell Moody that he had a time frame in mind.
MAY 23D
When questioned by the racing media Bill Diehl said it would be sometime next week, (as in any day now), before they reveal what action they may take against NASCAR
MAY 24TH
NASCAR Chairman Brian France made it crystal clear that there will be no consideration for an out of court settlement if Mayfield proceeds with plans to file a lawsuit. “We’ll defend the (drug) policy and we’re very confident about the policy,” he said.
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Now all of this becomes a case of wait and see what happens next. Traditionally speaking, NASCAR doesn’t take too kindly to someone filing a lawsuit against them and they aggressively pursue the matter to a successful conclusion. The former owners of the Kentucky Speedway can vouch for that.
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There also seems to be a question of available resources here. NASCAR has deep pockets and can afford as many attorneys as it takes to win this legal challenge. On the other hand Mayfield appears to have limited resources and only one lawyer albeit a very good one.
It’s crystal clear that Mayfield has drawn a line in the sand. It’s equally clear that NASCAR quickly stepped over that line to prove that they will aggressively meet any challenge that comes their way.
The fact that Mayfield is taking this approach raises two questions: is he incredibly innocent or is he incredibly crazy?
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