Thursday, May 21, 2009

Daugherty Talks NBA vs. NASCAR On Drug Issues


The topic that just will not go away got a little more intense on Wednesday. As NASCAR Now host Mike Massaro put it, Jeremy Mayfield has "lawyered up."

Instead of more ill-timed comments to the media, the Mayfields have hired an attorney and stopped talking. Bill Diehl, the same attorney who helped Elliott Sadler through his recent employment issues, is now working for the Mayfields.

Click here for the link to ESPN Lead Reporter Marty Smith's story on how Diehl has already contacted NASCAR and been sent the complete toxicology report on Mayfield. That action alone should end lots of speculation about who knew what and when.

Smith appeared from Kasey Kahne Racing, where Kahne was holding an open house for the fans this week to show-off his large sprint car shop. Smith has been at the forefront of this story and once again simply kept TV viewers up to date on how this issue was progressing.

The one person with perhaps a very unique perspective on this is Brad Daugherty. As a former professional basketball player, Daugherty had been involved in drug testing programs administered by the NBA for years. It was an excellent choice to have Daugherty follow Smith on the show.

The first point Daugherty reinforced was that there was no list of illegal substances given to the teams prior to the new policy beginning. Calling it a "slippery slope," he stated that his own small team was trying to be proactive but there was really no road map to follow.

What Daugherty was referring to was the now almost mandatory disclosure of any prescription medications taken by drivers, crew members or officials. There is a fine line between forcing someone to disclose what may be a private and personal medical issue and their legal right to privacy. This is especially true when the medication in question has nothing to do with NASCAR's safety concerns.

"If you are going to participate in this sport, you need to know what the drugs are on that list," said Daugherty. "The drugs that put you in the faulty areas."

Massaro referenced the NBA and asked Daugherty to compare that league's drug policy with NASCAR's new program. "Driving a race car you are putting your life at risk as well as the other participants," said Daugherty. He pointed out that the chief concern of the NBA was simply "cleaning up the game."

Calling the new NASCAR policy stringent and tough to circumvent, Daugherty made a point of saying the entire drug testing program was long overdue.

During the segment of the program from Kahne's shop, Smith referenced the fact that Mayfield was Kahne's former teammate and asked Kahne how he felt about the suspension issue. "It needs to be done with," said Kahne complaining about the now drawn-out bickering between Mayfield and NASCAR.

Kahne related that he got along great with Mayfield and was surprised when he heard the suspension news. Smith asked about a list of banned substances. "Maybe there needs to be a list," said Kahne. "But, I'm fine with what we got." Kahne related his diet as regular food, water and Budweiser.

Toward the end of the show, Massaro brought in reporter Ed Hinton for a little debate with Smith. It did not take long for the topic of Mayfield's suspension to arise. As usual, neither reporter minced their words.

"NASCAR has got to open up about this," said Hinton. "They are looking worse and worse...all the time. I think Mayfield would even welcome it if they said OK here is what the substance is. NASCAR is hemorrhaging credibility here, not Mayfield."

"Transparency is particularly paramount in this particular instance," said Smith while agreeing with Hinton. "Mayfield has thrown the gauntlet down. It is a he-said she-said of historical proportions. It is about credibility and NASCAR suffers every single second this wades on."

ESPN has again used NASCAR Now to confront another touchy issue that is upsetting the sport. Daugherty, Smith and Hinton worked quite well with Massaro to get the latest information out to fans on this topic.

Hopefully, now that the Mayfield situation has settled down, the sport can return to celebrating Memorial Day weekend with some good racing on live TV in front of a big crowd. What a nice change of pace that would be at a time when NASCAR could really use one.

TDP welcomes comments from readers. Just click on the comments button below to add your opinion. This is a family-friendly website, please keep that in mind when posting. Thanks for taking the time to stop by The Daly Planet.

52 comments:

cvt said...

Does anyone know if any journalist has asked NASCAR if Mayfield had given them prior notice of his intent to use the specific drug (pursuant to a prescription) that has gotten him suspended, would he be in this mess?

I am interested whether he has crossed the Rubicon because he used coke/heroin/marijuana etc or tested positive because the test showed he used a drug that would approved by submitting a prescription.

If he used the former,then NASCAR is being generous because they've given him a roadmap to returning to competition. If it's the latter, their being a ...

Dot said...

I'm glad they brought up the transparency issue regarding NASCAR. They have been opaque on other issues. Pit road speeding comes to mind. How do we really know? Rules for one driver and not another. The drug testing is just a bigger deal. Had NASCAR's past been above reproach, Jeremy wouldn't stand a chance. BTW, just how many lawsuits have been filed since the Emperor took over the sport?

Brad came off very well. I was skeptical when I first saw him. He is getting much better in his role. I laughed when he correctly pronounced Dibenedetto's last name. Shouldn't Mike have rehearsed that before the show?

Nan S said...

Its insane and unprofessional of Nascar not to have issued a full list of all banned substances prior to the start of the drug testing policy.

Whether Mayfield wins or looses, at the very least Nascar needs to put on their big boy pants and admit that they haven't rolled out this program correctly.

darbar said...

I heard Moody interview Mayfield's lawyer on Sirius this afternoon. Why the lawyer agreed to be on the radio is beyond me because he didn't give a straight answer to anything, other than to say, "I won't comment on that". But I will say, I hope this lawyer comes off better in person than he does on radio, because IMHO, he didn't present himself to be all that great.

I have to agree with Daugherty and Smith---and I've felt this way from the beginning. What we're dealing with here is the Kingdom of Nascar run amok, as usual. They make up their rules as they go along. They make up anything to fit their purposes and their reality (and their reality is beyond everyone's else's reality). Nascar is looking less than honest, and their already questionable reputation as far as their rule-making is concerned, is even more sullied.

If Nascar wants to repair the damage done, they need to pull their collective heads out of their behinds, say exactly what Mayfield tested positive for and let the chips fall where they may. But there's one thing that has bothered me from the beginning, and that has to do with the makers of Claritin. If I were the CEO of the company that makes Claritin D, I would be on every TV show and meeting with every reporter to say whether or not their drug can cause a positive drug test. Their silence, and the game playing by Nascar, leads me to believe that something is going on with one of Nascar's major sponsors. Perhaps Emperor France and members of his royal court are scared to come clean and put a black eye on a major sponsor.

Richard in N.C. said...

I am anxious to see the show.

One of the major failings I see with the reporting of the Mayfield situation is the failure of the media to compare and contrast NASCAR's substance abuse program with that of some of the other major sports like MLB, NBA, or NFL.

I checked the World Doping Assn. website last night and their list of banned substances is 9 pages of chemical substances, and I did not see any reference to possible drug interaction problems.

It does not surprise me that Hinton would criticize NASCAR as that seems to me to be his standard line. It is easy to criticize NASCAR and propose alternatives since reporters do not have to be responsible for the consequences. I suspect that NASCAR probably wants to avoid being in the position of having to disclose that someone has tested positive for an illegal substance, which will happen sooner or later if it has not already under the current program. From what I have read there have been 5 other suspensions this year under the current program, including 1 Mayfield crewman, but I have not seen any call for more information on those suspensions.

If the media was really so interested in transparency, they had the perfect chance Saturday night at LMS to ask Mayfield if he would make a public demand for NASCAR to release the results of his tests, but I have seen no report that anyone did.

Anonymous said...

First of all Daughtery must be laughing even comparing the NBA drug testing program with the NASCAR one. Did you know that the NBA drug testing program doesn't care if players test positive for marijuana? Look it up. The NBA's policy was a somewhat-better-than-lax policy enforced on a league full of recreational drug users. Meanwhile NASCAR has put in place a strict policy on a league full of clean athletes. Big difference.

Second, Hinton and Smith couldn't be more wrong about "NASCAR losing credibility." HOW? How has the test results they have been given been put into question? Answer: they haven't. Meanwhile, Mayfield has everyone barking up this cold medicine tree as if the drivers need a list, lest they accidentally find themselves suspended over sneezing. Nothing could be further from the truth. The reason Kahne doesn't need a list is he isn't using party drugs, like I suspect Mayfield was found to have used. NASCAR has all but said that a) drivers won't be busted for cold medicine and b) this was much more serious. BUt here the NASCAR reporters won't let this crazy theory go and somehow NASCAR is losing credibility. WHATEVER. I still didn't even hear the word "Aegis" come out of their mouth, which shows how out-of-touch they are with this story.

Gymmie said...

@darbar--I hope so...whatever he did for Elliott was successful enough. Maybe he should have gone with Uncle Benny

Bill said...

Two things.

First Mayfield lied, and repeatedly at that. He has stated that they never told him what substance he tested positive for. When Dr Black, told him what it was. Ill have to go with Dr. Blacks word over Mayfield on this one.

Second. NASCAR needs to publicize what are the substances they are testing for. Its silly to test someone for something and keep that something in the dark. I'm not saying the fans have a right to know, but the people being tested sure as heck need to know.

At my job, we are randomly tested and you better believe they gave us a list of substances that are not allowed. Side note Claritin D is one of the things.

elena, chicago said...

Tonight's show was horrible when it comes to the Mayfield subject.

NN tried to make a whole show about this fiasco. They could have handled it with 2 comments.

#1- Mayfield has hired a lawyer, and the lawyer has no comments.

#2- NASCAR has provided the lawyer with a compete toxicology report.

Everything else is rubish. It seems to me they continue to try to prop Mayfield, regardless of the facts we know or don't know.

Why would anyone be surprised at Ed Hinton's remarks? If NASCAR says up, he says down, if they say black, he says white. The only reason to ask Ed is to give support to Jeremy and dis NASCAR.

I used to have a lot of respect for Marty, but he sure has shown he can use his position as a reporter to further his opinions, facts be dammed.

Why doen't he give us a re-cap or an update on how the drivers feel? I guess he doesn't want to admit that the folks in the garage support NASCAR policy over Jeremy.

At the end of Brad;s comment, Brad said he had a lot of respect for NASCAR and the drug policy.

As he was in Kasey's new shop. I got the feeling that Kasey only wanted to talk about his shop--and not about Jeremy.

Marty ususally pushes the media favorite, the list, and finally Kasey said he did NOT need a list. For him, things were okay the way they were.

I can only hope that NN will stop asking drivers what they think. I hate to think that they will drag 30-40 drivers into an interview just to ask what they think about Jeremy.

Dave Moody said it right the other day. Enough is enough. (Dave admitted he and Jeremy are friends.) It's time for Jeremy to end this, one way or the other. Jeremy has not been open or transparent.

Richard in N.C. said...

Jenna Fryer quotes Mayfield as saying "On (May7) I got a call and said you've tested positive for whatever they called it." Now is it more reasonable that a drug testing professional would tell Mayfield what he tested positive for or that someone being informed of failing a drug test would not ask what he tested positive for, unless he knew he had taken a banned substance? It almost seems that the media is more interested in keeping the story going than in doing some real analysis. Mayfield is almost becoming NASCAR's Brett Favre - the story that will not go away.

diane said...

If Kahne really said he didn't need to know the banned list, then he is a fool or just really uneducated. He may not take any recreational drugs but there are plenty of prescription drugs that would be on that list or cause positive test results for stimulants or sedatives. He may not be taking any Rxs right now, but what if he was prescribed something and didn't bother to check?

Daly Planet Editor said...

Rich, you have to consider just one thing. What if the last name of the driver in question was Johnson, Gordon or Earnhardt?

The reason the other drivers are so nervous and the reporters are hounding NASCAR is because the policy is currently different than any other professional sport.

There are lots of comments on here that ignore that reality and just throw sticks and stones at Mayfield personally. That misses the point.

Regardless of how much manure Mayfield has been spreading, the reality is that unless NASCAR names the substance involved several hundred people including drivers, crew members and NASCAR race officials will be calling Dr. Black before they spray on Athlete's Foot powder.

Something has to give and the media can smell it.

JD

elena, chicago said...

Richard, you are so right.

You have to wander why Marty doesn't tell the audience about Aegis Labs and Dr Black's credentials? Probably because it would not futher his agenda.

Like you it's hard to imagine getting suspended and not being told why, and NOT doing anything about it for 2 wkkes. Can you imagine getting a traffic ticket, or arrested and not told why, and just say okay?

Why didn't Jeremy walk into NASCAR Hqts and refuse to leave until he was informed WHY?

bryanh said...

I have read everything I can find on this until I'm sick of it. Nascar said he tested positive for a banned substance, and he was suspended. I like what Ricky Craven said at the end of their discussion on NN, Nascar has moved on.

Dot said...

@ Anon 9:42, I was going to mention marijuana and the NBA in my comment also. I didn't because I didn't want the inference directed at Brad. I heard that the reason is they wouldn't have any players, lol.

Drugs and driving don't mix. All NASCAR needs to do is look at the results on a case by case basis. Not for the hardcore substances, just the seemingly innocent ones. Zero tolerance leaves no wiggle room for either side. A case of unintended consequences.

Richard in N.C. said...

JD, I have not seen anyone in the media explain how NASCAR's program compares with, in particular, MLB's under which Manny R was suspended about the same time. For that matter, I haven't seen where any of the NASCAR media has even bothered to compare NASCAR's program with the IRL's, F1's, or ALMS' program.

The NBA, MLB, or NFL do not have to be concerned about a participant passing out and injuring others but NASCAR does.

After looking at the WDA's 9 page list of the chemical names of banned performance enhancers, masking agents, and illegal drugs, it seems to me that NASCAR participants being able to call a professional and ask about a specific substance or combination of substances should be preferable. You not only have to be concerned about specific substances, but also how they might react in combination with another, allowable substance.

majorshouse said...

I think it is time that both the media and mayfield just plain shut up. Ricky Craven said it best the other night when he stated that NASCAR has moved on and so should we. NASCAR made their ruling and it is final and if NN airs another show on this subject, this fan will not be watching.

Sophia said...

uno memento, por favor

p.s. Robin Miller's article made me cry. He is an amazing writer. HE needs to get on Twitter.

~~~~~~
Daaaaaaaaaaaang.
So glad I don't watch NN daily. I am so weary of this story.
Yes things need to be changed so the drivers are not so nervous. until more EVIDENCE is proven, this story, for ME, is like feeding hay to a dead horse.

Also, in the grand scheme of things, pot can seem benign, but I think its a sham NBA allows pot to be used. Geez. Sometimes I hate this "too much information" society we live in.

But NASCAR's fuzzy wuzzy rules could easily be changed in one specific list.

And FYI I don't want to hear anything from France or Pemberton. They both need to improve their social skills and ability to hide their apathy or annoyance, as the case me be.

Karen said...

Richard in NC said...

Jenna Fryer quotes Mayfield as saying "On (May7) I got a call and said you've tested positive for whatever they called it."

So he was told "whatever they called it." If he didn't understand the word, he should have asked for it to be repeated. That's just BS.

Bill said...

Daly Planet Editor said...
the reality is that unless NASCAR names the substance involved.........


JD
They can't. Simple as that. HIPAA laws prevent them from doing so. The only person that can release the information is Mayfield himself. I'm sure NASCAR would LOVE to do so and drop the whole thing, but they would be breaking the law in doing so.

It would be no different then your doctors office printing your medical records in the Sunday newspaper.

elena, chicago said...

Bill,
I think the reason NASCAR cannot reveal the banned substance in question is because every driver including Jeremy, has a signed contract that says they will not release such information.

Jeremy's case does not fall under HIPPA. First, HIPPA cases deal with employees. Jeremy is an independant contracter. Second, HIPPA also deals with health providers. Neither NASCAR or Aegis Labs are health providers.

Dr Black has been quoted as saying this is not a HIPPA case.

Razz said...

Q. Most all sports have a list of banned substances they make public. If your drivers come to you with a unified force saying they would like to see a list, know what Jeremy had, make that public, would you consider then changing that?

BRIAN FRANCE: Actually, we do have a list. It's a broad list. The drivers, it depends on which one, are happy to look at that list. We show it to them.

Anonymous said...

>If Kahne really said he didn't need
>to know the banned list, then he is
>a fool or just really uneducated. He
>may not take any recreational drugs
>but there are plenty of prescription
>drugs that would be on that list or
>cause positive test results for
>stimulants or sedatives. He may not
>be taking any Rxs right now, but
>what if he was prescribed something
>and didn't bother to check?

Well, I think that is the point. He would check. That is the program that was laid out. And if you take the time to call and check like you are supposed to, then you know if medicine X is okay or not ok.

I am so sick of Marty Smith fixing his faux-hawk haircut on camera and yukking it up with drivers. Hey buddy -- go out and get an interview about the drug testing process so we (and maybe you) learn a little something about how bogus Mayfield's story is.

And they need to stop calling for NASCAR to release the drug he was tested for. If they release it, then Mayfield sues NASCAR for libel and slander and the next thing you know they have to cut him a big fat check to settle his countersuit. Instead they will simply keep their mouths shut, give the toxicology report to the lawyer, and if the lawyer wants to reveal the substance in court while suing to claim the test is invalid, then we will find out.

In the meantime, I am going to start calling Mayfield "FONZIE". Remember in Happy Days how Fonzie couldn't say "love" to a girl? He would try and try... "I lll-lll-luh-lllllll" and stutter but couldn't do it.

That's Mayfield with reporters. "They said I tested positive for, uh whatever it's called." "They said I tested positive for, uh you know something." HAHAHA Just say it FONZIE!

bevo said...

"NASCAR has got to open up about this," said Hinton. "They are looking worse and worse...all the time. I think Mayfield would even welcome it if they said OK here is what the substance is. NASCAR is hemorrhaging credibility here, not Mayfield."Mayfield isn't hemorrhaging credibility? Really? Where in the heck has Hinton been the past two weeks? A cave in Borneo? Good Lord Mayfield contradicts himself every time he opens his mouth.

I have to agree with darbar about the attorney too. The only reason Mayfield hired him is because he has won some cases involving NASCAR people. He's trying to out-lawyer them. If he was serious about challenging the drug test he would have hired an attorney who specializes in that.

Mayfield would do well to choose one story and stick with it.

Daly Planet Editor said...

I think there is one thing we can all agree on, both sides have made this into one big public relations mess.

JD

Anonymous said...

Just a couple of observations here: #1. Perhaps the residual of the 93 octane gasoline the girl was wearing in the UniCal commercial was the banned substance since Sunoco is now the "offical gas of NASCAR". And as far as NASCAR and drug testing results go, I have 2 words; TIM RICHMOND.................

Anonymous said...

Come on Hinton...........

Since when has NA$CAR had any credibility to hemorrhage? A hemorrhage denotes a massive loss.
Maybe if he said "they just lost their last shred" I might buy it, but hemmorageing, NEVER!
On an unrelated note.....How appropriate to have had Rick Flaar start the ALL Star race. I wonder if NA$CAR, & the WWF, are merging?
Give us the scoop, JD!

dawg

Anonymous said...

Thanks for the heads up JD! I'm not home from work by 5:00 and all I have is an old fashioned VCR.

Also, I think in one of Jenna Fryer's articles, she said that those who are subject to testing by NASCAR sign a release stating that NASCAR, at their discretion, reserves the right to release the results. If true, I would think there would be no liability issue. Also, if true, seems to me that NASCAR could have put an end to this story a long time ago by just releasing Jeremy's results. Can't for the life of me figure out why they didn't.

Thanks again JD!

Anonymous said...

As someone who deals with HIPAA on a daily basis, Mayfield could authorize the lab to release this test result if he wanted with a written request. It appears he doesn't really want it out there, and is still agitating to get his way (imagine Mayfield agitating to get his way).

I'm beginning to think he's guilty because of this weird behavior. The doctor has said Mayfield was told multiple times what he tested for, and Mayfield was still saying, they never told me.

NASCAR can't comment on his test until he releases the HIPAA waiver, and I think he's the one dragging this out. It's too bad too, because I thought the formation of one-car teams this year was such a potential positive story for the sport, and even if his team moves on without him behind the wheel, you know they are getting pounded with this daily and it's really not fair to them.

In listening to the Jimmie Johnson on Dave Despain's show Sunday, he said drivers all had baseline tests done in which they were encouraged to submit every prescription they took, he said he included every vitamin, everything, so I'm gonna guess Mayfield already told the test clinic he was taking Claritin D for allergies. Mayfield is just looking more and more like someone with a problem they are trying to cover up.

Anonymous said...

"NASCAR" and "transparency" don't belong in the same sentence.

What other sport doesn't allow anyone to see the rules unless they pay to play?

They penalize Michael Waltrip for cheating on his fuel. What did he actually do? We still don't know, two year later.

They penalize Mayfield for substance abuse. What did he actually do? Don't count on ever finding out.

Anonymous said...

By the way, medical experts, it is HIPAA (Health Insurance Portability and Accountability Act).

Tracy said...

Good for Daugherty for talking about this sensibly.

When Jimmie Johnson said in his interview earlier in the week re: Mayfield that he didn't care, it didn't affect him, I was stunned. Kasey Kahne has taken his cue from Johnson, clearly. Sure, right now he's not taking any meds, but what if he's hurt (as Biffle was in his fall from the boat dock)? What if he takes Viagra? What if he takes... the list could go on and on, and if you have to call Dr.Black's office every time you get a prescription or something OTC, what kind of a mess is that?

Taking the tack that "I don't care, it's not about me or my life" isn't what you'd expect from a three time champ.

I can't imagine not knowing what's going to get you in trouble. That's why we have laws - they give society a groundwork for civilized behavior. You run a red light, you know you're in the wrong.

That said, Mayfield and Nascar have made this into a huge mess that's ruining my perception of both.

Anonymous said...

Kasey Kahne has taken his cue from Johnson, clearly. Sure, right now he's not taking any meds, but what if he's hurt (as Biffle was in his fall from the boat dock)? What if he takes Viagra? What if he takes... the list could go on and on, and if you have to call Dr.Black's office every time you get a prescription or something OTC, what kind of a mess is that?Yeah, you have to take Dr. Black's office. That's the policy. It may seem like "a pain," but he's a professional athlete, and these guys (in all sports) are aware of every single thing they put in their bodies. His attitude doesn't seem to be from JJ and it doesn't seem unusual or reckless. He's clean. He doesn't have to worry. If he has a cough and takes cough medicine, NASCAR HAS ALREADY SAID IT IS FINE. Now, if he has a cough and takes cocaine, that's a problem. Got it, Jeremy?

Vince said...

I find it comical that the drivers and so many other folks want to see a list of the banned drugs. I've been employed for years in a field where I had to get a drug test to get a job and was subject to random drug tests. We got a list. It was very, very long and full of chemical names. Very long chemical names. I'd be willing to guess most if not all drivers and media types would not have a clue what they were looking at if they were given a list. And I don't think most drivers have all day to look up the chemical names of drugs in a PDR. Face it, a lot of the drivers are not the sharpest pencils in the box. They would not have a clue what was on the list if you gave them one.

I'm not a Mayfield fan or a big supporter of NASCAR. Lord knows, they've both shot themselves in the foot in the past. But I'll side with NASCAR on this one. They have a policy and they enforced it. It's Mayfield's job to prove his innocence. IMO

The fix for this is simple. Don't take prescribed drugs or OTC drugs without checking with Dr. Black first. End of story.

Anonymous said...

Well, know that Jeremy and his lawyer have the tox report, the media can ask them what drug was on the positive result.

For those who think NASCAR should do it, I think why? You don't trust NASCAR to tell the truth, so why ask?

Tracy said...

I remember Biffle saying he wasn't clear if the prescription his doctor gave him after his boat-dock-fall was going to show up as a banned substance, so he didn't take it. Clearly, Biffle didn't call anyone and say "is this okay?" And he's no dummy. He chose pain over prescription.

A long list of chemical names is standard when providing a list of banned substances. You show it to your doctor and ask if the prescription is going to show up under any of these names. Not a big deal. I wonder how much Dr. Black is charging every time a driver calls with a question? I'll bet he isn't free.

For a society that uses as many legal OTC pills and prescriptions as ours, almost as the norm, I don't think many people give much thought to how they'll show up in a random drug test - even smart people. Not a Mayfield supporter here. If I were driving, I'd want a list of banned substances.
I'm with Ryan Newman's camp on this one.

Sophia said...

I read Mayfield met with NASCAR today and the meeting was cordial but no closer to resolving. He is taking legal action.

the weird thing that struck me is his wife dropped him off..and when she came to pick him up, a CAMERA MAN got out of the car and filmed the whole picking him up thing? WTH??

Either Jeremy is the biggest idiot, or there is some huge missing piece in the puzzle that might could possibly maybe shed some light on this issue.

Somebody wisecracked Jeremy is wanting to do a reality show. Sounds like it with some of the filmed bits he has done,but TPTB in NASCAR would never let that see the light of day.

Anonymous said...

Somebody wisecracked Jeremy is wanting to do a reality show. Sounds like it with some of the filmed bits he has done,but TPTB in NASCAR would never let that see the light of day.NASCAR would have no say in what he shoots or airs, as long as it is not done at ISC or SMI tracks. Mayfield is not a NASCAR employee; he can produce whatever show he wants.

Anonymous said...

It was interesting today, that now that we know that Jeremy has the drug in question on the positive test, ESPN is no loger beating the drums asking NASCAR to reveal it.

Why doesn't ESPN think it's an important issue any more?

Newracefan said...

I thought Brad was a good touch and put the situation in some perspective, not much but some. (didn't know smoking a little dope was OK with the NBA, interesting don't you think).
As someone who works in the health care field, verbal isn't good enough, if it wasn't written it wasn't done. That's how Jeremy can possibly get around some of this, his lawyer can argue that since he wasn't notified in writing he wasn't notified at all especially if the substance he was vebally told was some long chemical name. I can't wait for the race this weekend perhap we can have some drama or other and that can be the topic instead, this is all getting really old.

Richard in N.C. said...

If I were a NASCAR driver I would much rather rely on Aegis telling me I could take something than my reading of the list or my doctor. Confirmation by fax or e-mail could be obtained in minutes - and I suspect most of the drivers have assistants who could handle contacting Aegis.

There is something a little circular it seems to me in Hinton's argument that NASCAR's credibility is declining - because Hinton and the NASCAR bashers are writing it is?

In my view the worst part of this episode is the media's trying to make it a circus and their grossly lazy, incomplete reporting. If the NASCAR program is so deficient, where was the reporting last year when the program was introduced and where is the analysis of other abuse programs to demonstrate the deficiencies. If the NASCAR program is so clearly deficient, then much of the blame rests with the media for failing to do the work to analyze the program when it was introduced and point out its faults.

Robert Upchurch said...

Many of you are looking in the wrong direction. This really isn't the "Mayfield story", it is about NASCAR and the flaws in its drug policy. Mayfield's case is just the one that brought it to light. It would have happened eventually. Many of you are getting upset at Mayfield, various reporters (Marty's hair?...c'mon now), and lawyers and it is misplaced.

Richard, in his last post, said: "much of the blame rests with the media for failing to do the work to analyze the program when it was introduced and point out its faults." Not true. That is the problem...there was nothing publicly released that they could analyze. And there still isn't. NASCAR is and always will be tight with information they don't want to share. They have a monopoly, which gives them a lot of power to behave any way they wish. That's where their credibility is called into question. Just because Hinton seems to have an axe to grind doesn't mean he is wrong about this.

I don't believe NASCAR will (or should) release the substances anyone has tested positive for...that is a private matter between them and the tested person (until it hits public court records, of course.) But NASCAR had better adjust their policy to provide a list to participants (not the public or the media) so they have guidelines to live their lives. If they don't, I believe a court will eventually force them to do so. A credibility issue for NASCAR? You bet!

Robert Upchurch said...

Then about Mayfield having a cameraman recording him at NASCAR's offices (and Saturday night in the infield at Charlotte). That is a tool, most likely implemented by his attorney(s), to capture any confrontations that might occur between him and NASCAR or its agents. The reason? If there is more "he said, she said", the recording will be there to document it. If nothing happens, that footage will likely be scrapped. I don't expect to see any reality shows come out of it.

Anonymous said...

Why do they need a list? NASCAR has already said that this isn't a case of over-the-counter medication or cold medicine, the lab has already said there was no trace of Claritin and the alibi is bogus, and every single driver has a phone number (a cell phone number no less) that they can call if they need to ingest something. That's the policy. It seems pretty clear to me. It also seems to me that even if Mayfield took these over-the-counter drugs and not some party drug (although NASCAR has pretty much all but said it was recreational, per Jenna Fryer) that he STILL violated NASCAR policy by not using the cell phone number ahead of time. Every single driver to a one has said that when the policy was put into place months ago it was clear as day that NASCAR was serious. So if Mayfield didn't follow the policy even on a benign drug, then I have no sympathy. And what's more NASCAR has said that it wasn't benign. Like everyone, I want to know... but I can also put two-and-two together.

Stop defending Mayfield, er, I mean "Fonzie"

Robert Upchurch said...

OK, now on to the drugs. Most everyone is convinced that Mayfield was caught with a "recreational" drug in his system. If that drug was Meth, then NASCAR, its lab and Dr. Black are treading on shaky ground. Decongestant drugs (like Claritin D) can and have given false positives for Meth, Dr. Black's protestations notwithstanding.

Anonymous said...

Well why would Dr. Black say that the substance Mayfield tested positive for cannot be falsely triggered by Claritin if it was a drug that could be? WAKE UP.

I don't think they are treading on any thin ice at all. I think they know exactly what they got -- they busted a drug user who hasn't stopped lying since he was caught. Crazy that everyone believes the liar just because he drives fast.

Robert Upchurch said...

Read more carefully, "Anonymous", notice I said "Dr. Black's protestations notwithstanding". Dr Black is in denial and defending his profession (drug testing) from its long history of ruining lives with false-positive results. It is in his best interest that drug testing is believed to be inviolable, which it certainly is not. You can look it up (start with bicycle racing.) It's not that I believe Mayfield (I've gone on record here that I don't care for Mayfield) but that I disbelieve Dr. Black.

For example, was Mayfield's second, "B", sample sent to a lab unaffiliated with Dr. Black's lab for testing? If not, the whole procedure is suspect. Even if so, another lab can make the same incorrect conclusion because of the industry's cocky "we are never wrong" attitude.

Like many others discussing this topic, perhaps you are letting your dislike for Mayfield or his recent behavior color your opinions on the topic.

Richard in N.C. said...

I obviously am not familiar with drug testing procedures. It does seem to me that if the media is going to attack NASCAR's testing program, it has some obligation to compare or contrast it with what is supposed to be a "good" program. As a reader I don't think it should be necessary for me to go research the program used by the IRL, F1, ALMS, NHRA, MLB, NFL, or MLB to see how they are similar or different. Since I've seen no one in the media refer to any of such programs, it seems resonable to assume that the media is more interested in the story than the facts. Maybe NASCAR's testing program is crap, but I've seen no one in the media give me any basis to presume so - and since no one in the media has discussed Aegis' track record, I must assume that Aegis has a good track record that would tend to invalidate the media's criticism of Aegis.

As I recall NASCAR had a big news conference last year to announce the new drug testing program. If all the media sat right there on there hands and did not ask for any details - does that mean they were uninterested in the details? I don't recall reading any reports that NASCAR was asked and refused to disclose the details of the program, but I could be wrong - just ask my ex-wife.

Anonymous said...

Anyone that willingly throws public tantrums (and their bosses under the bus) and cost themselves jobs that pay more per week than most people make in a year, obviously have mental illness issues. (Gee, I wonder, would I like to drive a truck for $40-$50 thousand a year or drive a race car for $50 thousand a week? Daaaaah....) Ladies and gentlemen, may I introduce to you... Mr. Jeremy Mayfield!!!

Anonymous said...

Lab results aren't infallible. Ask any of the convicted inmates who were exonerated twenty some-odd years later when files were reopened and tested again for forensic evidence that had been incorrectly tested originally.

Anonymous said...

Upchurch....

Please don't compare NASCAR drivers to the dopers who overpopulate the world of cycling. The Tour De France is a field of performance-enchancement junkies. To compare that to the clean-cut lifestyle of NASCAR is a joke.

2nd, Aegis hasn't ruined anyone's lives. They have risen to the top of their field by being the best - the most accurate, most trusted testing company. That is why they are the largest in the world. We don't need an independent lab because Aegis is independent. The bias might come from NASCAR, not Aegis. GEEZ.

It is simple: They looked at Mayfield's sample and they CLEARLY saw something that shouldn't be there. If they hadn't, the lab wouldn't have dug in their heels and put their entire decades-long reputation on the line.

I notice the other two tested positive at the same time as Mayfield aren't claiming shennanigans.

elena, chicago said...

Aegis was one of the labs that tested the Canadian Olympic runner (forgot his name), and Aegis prevailed. The guy lost his Olympic gold medal. He did not sue Aegis after he lost his medal.

I've not seen a single lab, or famous athlete say they reversed Aegis Lab tests. If there were so many, where are they?