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Well, what else is Mayfield going to do? If he can prove anything Brian did, that would take away from the case NASCAR has against him. As long as it's within the rules, anything goes in court. There are no sacred cows.Quote:
Originally Posted by Mark in Oshawa
It is a vindictive temper tantrum. Jeremy thinks everyone else is on drugs, and the whole thing is slagging Brian France wont prove his not being guilty of doing meth. His whole defense is throw lots of mud around so everyone doesn't pay too much time thinking about the evidence which is damning. To think, he got rid of a lawyer who Bruton Smith would hire to have this defence with Geragos..Quote:
Originally Posted by Chaparral66
If the records of Brian France's divorce case show he was a resident of SC, and nothing has changed since then; then claiming he's a resident of FL (for the purpose of getting the case moved to Federal court) could amount to a perjury charge against him. The case could be sent back to SC court. The judge could issue a judgment requiring Nascar to pay for Mayfield's legal bills for the six months this delaying tactic has denied Mayfield justice.Quote:
Originally Posted by Mark in Oshawa
Jonesi, what Brian's divorce has to do with Mayfield's drug use or non-drug use is apples and oranges. The guy who dragged France into this was Mayfield, so for him to be now crying that France's legal residence is dragging the trial out is nonsense. One doesn't have anything to do with the other. Mayfield is spending more time trying to discredit Brian France than proving that he isn't a drug addict. So far he has tested positive twice, and the second test was a witnessed test ( they saw him provide the sample ). The lab is a respected lab and all protocols used were just fine for other clients of the lab.Quote:
Originally Posted by Jonesi
This is all just a big smoke screen designed to muddy the water and attack France in revenge I guess.
I don't think it's a smoke screen and there are some legitimate issues involved. We'll know on Jan 19 when Brian France has to give a deposition.
Maybe I am missing something. What does Brian France's divorce or place of residence have to do with Mayfield testing positive for drugs? ZERO. NADA, NOTHING.Quote:
Originally Posted by Jonesi
IF Mayfield wants to call into question the protocols or testing procedures, I get that. If he wants to call into question the competancy of the doctors, I understand that. THAT makes sense. Dragging Brian France's divorce into this means you are just hoping to drag him through the mud with you....
It does have a bearing! Brian France not living in SC was the reason given by Nascar lawyers for pulling the case out of SC court and putting it in Federal court where they knew it wouldn't go to trail for at least a year.Quote:
Originally Posted by Mark in Oshawa
Did you even read the last quote from the Federal judge when he set the Jan 19 date? he said if BF lived in SC then it voided the motion and he might be forced to send it back.
"CHARLOTTE – U.S. District Court Judge Graham Mullen says the battle between Jeremy Mayfield and NASCAR over access to the suspended driver’s medical records will have to wait until he can resolve jurisdictional issues, but in the meantime, Mayfield says life remains “as good as it can be.”
During a 15-minute court hearing Thursday, Mullen said he expects NASCAR Chairman Brian France will have to testify before him over whether his residence for jurisdictional purposes is North Carolina or Florida. If Mullen determines that France is a resident of North Carolina, he could rule that North Carolina Superior Court has jurisdiction and not federal court.
“Until that’s resolved, anything the court does is subject to review later if the court doesn’t have jurisdiction,” Mullen said during the hearing."
Great, But again, who dragged Brian France into this testimony business? Who subpoenaed Brian? I can tell you who: Jeremy and his defence team. Brian didn't test Mayfield, Brian wasn't in the room when Mayfield provided the sample, and while he is head of NASCAR, his policy people are the ones who designed the drug testing procedures.Quote:
Originally Posted by Jonesi
While I get where you are going on the jurisdictional considerations and France obviously has delayed this process with his indeteriminate place of residence, in the end, I don't see this changing anything but when the trial takes place. I am going to grant you that Brian being dragged into this is dragging it out, but who put Him in there? I think Helton and the staff who run the series on a day to day basis are the people who should be testifying.
This is as silly as someone suing Ford because they had a bad car, and it all being held up because the CEO wasn't available. People sue Ford every day but I suspect Alan Mulally isn't involved....
Good Article, but it the whole critcism of NASCAR for not publically listing the banned drugs is a red herring. No one in their right mind would advocate a driver passing positive for Crystal meth use should be driving a race car. Mayfield's attorney's are grasping at making NASCAR look bad but the whole issue still comes back to the lab using reputable methods for its testing, and the possiblity that the drug postive test could be easily explained. IN the first positive test, I thought there was reasonable doubt, but on the second positive test, protocols and all such issues were checked and double checked AND numerous experts have been on shows such as Sirius Speedway stating there is no over the counter med reaction that could explain the type of positive test that was shown in the Mayfield cases.Quote:
Originally Posted by Jonesi
All we have is more spin from defense attorney's trying to muddy the water...