July 15th, 2009 
T.C. In case you haven’t heard, Jeremy Mayfield has again tested positive for methamphetamines. Jenna Fryer from the Associated Press broke the story about 30 minutes ago. See it here.
After we wrote about Mayfield on two separate occasions (here and here), some pretty serious discussion developed with the lines clearly drawn between commentors. What are your thoughts now about Mayfield? Where do you think this leaves NASCAR? Do you feel differently about him and the situation now then you did before? Let’s hear it…
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The theory that Nascar falsified Mayfield’s drug test because they harbor a grudge against him just doesn’t make sense. What exactly does Nascar have gain by running Mayfield out of the sport three weeks or month before he would have had to close his shop anyhow? Does anyone really think that Nascar wants to reinforce it’s reputation as a sport for white trash ran by white trash?
Dob – “Oh, and Marc…are you implying that NASCAR doesn’t stretch the truth? (See: Tim Richmond, Bill Simpson)”
Oh gee… look it’s a shiny disco ball we can all look at and divert our collective attention from the real issue.
That issue being the here and now, not something from the far past with different circumstances and a different chain of command at the head of the sport.
Sorry that duck don’t fly.
Richard in N.C. – “The point I was trying to make was that the only July test so far known to have actually been a test of JM was the one for which the specimen was taken from him under supervision at his home, which is the one that came back positive for meth.”
No I specifically answered your point in the quotes provided in the comment immediately proceeding yours.
But first let me correct something from previously, both my last post and this one refers not to NASCAR’s counter-suit but a court filing in response to judge Mullens lifting of the suspension.
That said, the court doc filed notes that both Thomas L. Carter and Mike Roberts witnessed a “second test” not the one at Richmond, at an independent laboratory, meaning not by Aegis, and confirmed that the positive test result was not the product of a false positive AND they observed him as he gave the sample and also witnessed him sign the sealed container that contained it.
That counters any and everything Mayfield has said in public and nothing that I have seen in the public record by his lawyers would suggest otherwise.
I believe it is a misconception that Piedmont Urgent Care is the “lab” , testing was probably done by LabCorp. Normally these urgent care offices only “collect” the samples. Even if Peidmont Urgent Care did do the tests, which I doubt they did, this would be two different labs that tested negitive. I’m not saying Aegis isn’t a qualified lab, however we have two or more labs coming up with different results, if you believe both parties in this case.
I find it distrubing that Nascar won’t allow Labcorp, to test sample “B” from this last test, and also sent sample “B” of the first test to Aegis. If the tests were positive to the extent that Aegis and Nascar says they were, then I would think any certified lab would come up with the same results.
This is becoming more of a “he said/she said” thing and will probably only be settled by the courts.
“…Oh gee…look it’s a shiny disco ball we can all look at and divert our collective attention from the real issue…”
The “real issue” is that NASCAR has a history of being less than honest. Here’s what I mean:
http://www.salisburypost.com/2001april/041301ed.htm
“…That issue being the here and now, not something from the far past with different circumstances and a different chain of command at the head of the sport…”
The only real difference is Brian France. Mike Helton is second in command under him, and was also second in command under Bill France Jr. at the time of Earnhardt’s death in 2001.
Sorry, that snark don’t fly.
Henry, so you think it’s a “misconception” that Piedmont Urgent Care is the lab in question and last Monday’s test was done by LabCorp.
Then can you explain why Mayfield said it was Piedmont Urgent Care that conducted that test?
It darn sure wasn’t a so called “slip of the tongue,” as the name of the two labs aren’t easily confused and the name Piedmont Urgent Care has never been the topic of discussion in any interviews or entered into court docs previously.
Henry, that makes zero sense.
If you really consider it disturbing LabCorp isn’t allowed by NASCAR here’s a question for you.
A common defense now by Mayfield, his lawyers and the blind faithful is Aegis shouldn’t be allowed to conduct this testing because they are not “independent” due to being so closely associated with NASCAR.
Using that logic shouldn’t that apply to LabCorp or any other lab Mayfield selects?
LabCorp has a “dog in the fight” now and stands to gain revenue via more testing of Mayfield and potential consulting fees via being called on as expert witnesses in any subsequent court hearings/trials. [and yes, "expert witnesses" DO get paid and very handsomely in many cases]
Just found this video from a local TV station, interviewing Mayfield. He stated he has taken 15 tests since this all started and continuing to have one done every two to three days. All have come back negitive. If this is true, and the tests are “from a certified lab” what do you think a judge or jury would think. In addition he has a camera crew filming him pretty much around the clock, or as he puts it “24/7″.
http://www.wsoctv.com/video/20078432/index.html
“”"Henry – “Aegis Laboratories, run by one man Dr. Black, with one office in Nashville Tn.
And so?”"”"”
Aegis — annual rev. = $1,735,000
http://www.bizjournals.com/gen/company.html?gcode=034FD4DCE4364F89BBFB42C0655FBCB6
Lab Corp — annual rev = $2,000,000.000
http://phx.corporate-ir.net/phoenix.zhtml?c=84636&p=irol-irhome
Aegis is probably a very good “local” lab in Nashville, LabCorp is national with (as I stated before) many more resources than Aegis.
If Aegis is such a big time “sports testing fac.” seems like they would be doing a lot more business, not even $2 mil per year
I don’t think Labcorp needs any more fees or advertisement for their product with $2 bil. in rev., but I bet Aegis could use some with less than $2 mil.
Did anyone happen to ask JM whose urine he had tested?
Aegis is a privately held corporation, so I would question how bizjournals came up with their revenue number. Besides, Aegis’ website says it has 150 employees, and I feel certain Aegis brings in more than $11,566.67 of revenue per employee.
Just because they are huge doesn’t mean that LabCorp does the same kind of specialized testing that Aegis does, or that it does it in the Charlotte area.
In a VNC interview Friday, founder David Black, M.D., said19-year-old Aegis’ ranks have jumped from 40 to 178 employees in the past two years, and he believes the count will “easily” hit 200 this year, before reaching 250 during 2010.
Black declined to detail the company’s current finances, but said Aegis is “growing very rapidly, very nicely and we will exceed our budget for 2009. We’re blessed to be in a great place,” he added. Earlier published reports have pegged Aegis’ projected 2009 revenue at more than $30 million.
Black explained that much of Aegis’ recent growth has been spurred by client NASCAR’s expansion of drug testing to include random testing of drivers, pit-crew members, officials and others associated with the sport. NASCAR’s earlier “reasonable suspicion” program required fewer tests.
http://www.venturenashville.com/news.php?viewStory=275
As I see this, Nascar is a very large part of their revenues. Black himself says that “much” of the current growth comes from Nascar. From $2mil to “projected $30mil quite a jump I would say
Henry – “Just found this video from a local TV station, interviewing Mayfield. He stated he has taken 15 tests since this all started and continuing to have one done every two to three days. All have come back negitive. If this is true, and the tests are “from a certified lab” what do you think a judge or jury would think. In addition he has a camera crew filming him pretty much around the clock, or as he puts it “24/7″.”
So, he stated he had 15 tests. He’s also stated he took a hair follicle test that would prove his innocence but it’s never been entered into the public record of the court nor has any of his lawyers mentioned it in any context.
And most importantly, why are these alleged 15 negative tests not been raised in any of the court proceedings so far?
He also stated NASCAR never allowed him to take a second test after the first one in Richmond, that’s patently false as a second one was taken by an independent lab [meaning not Aegis], came up positive for meth and was entered into court records as fact.
He’s also made wild unsubstanciated claims NASCAR “spiked” his samples with zero proof.
Henry, do you see where I’m going with this? If not, here’s the point.. he will say and doing anything at this point.
If you don’t see that you need to step back and really survey the situation.
And BTW, you also need to review Mayfield’s Sirius radio interview as it pertains to this alleged “film crew” that is now following him around documenting his life.
According to Mayfield in that interview the “film crew” didn’t start filming anything until the tests were taken on July 6th.
So the reality is they don’t mean dog squat until and unless they “catch” something on film after that time.
And I’ll end this with… and so, you can post all the financial Aegis info you care to it changes nothing.
henry – “As I see this, Nascar is a very large part of their revenues. Black himself says that “much” of the current growth comes from Nascar. From $2mil to “projected $30mil quite a jump I would say”
Did you really think before you wrote this Henry?
Gee, under the previous “reasonable suspicion” policy NASCAR in a “bad year” may have tested, via Aegis, and handful or at most maybe 10-20 people.
Now under an expanded program that includes EVERY hard card holder, a number in the thousands range, before the season even began and about 10-12 people each week since then is it any wonder revenue has gone up for Aegis?
Did you even consider that possibility before penning this last para?
As a former lab tech( who was NOT employed by LabCorp) I know for a fact LabCorp has bad results and isn’t always reliable. They are HUGE yes but they hire just about any schmoo who is remotely qualified. I have spent days on the phone between them and Dr’s tracking specimens they have “lost” or that had results that were not correct so LabCorps size and the fact there is one on every block ( like McD’s and Dunkin Donuts ) means zilch. What does matter is that JM and his battery of lawyers have not produced ONE valid negative test result. JM is acting like most addicts I have seen and yes even tested “Go ahead test me it will be negative THEY are wrong I don’t use” This being said as the blood is still coming out of the fresh needle mark.
I have seen people who look very healthy, alert and CLEAN who are addicts including lawyers and others who “looked” just fine. Addicts are by nature manipulative and creative in their desire to not look like addicts. IF JM is not a user he is acting like one by running to everyone and proclaiming his innocence while not showing and proof. Sadly either way this is not a good situation. IF JM was truly innocent and clean he would have IMMEDIATELY had him self tested by several labs and distributed THOSE results to anyone who was around media passersby on the street giant billboards etc. Did he do that no he ran to every media outlet he could find to make excuses. As far as I can tell the “film crew” following JM is paid for by JM…. the motivation for them to show anything bad is zero and they will only show what he says to show.
NBRF -= You mean like this suit where LabCrop was 40 percent responsible for a $28 million in a wrongful-birth lawsuit in 2007?
To be fair this wasn’t a urinalysis case but it involved lab testing non-the-less.
Pretty much everything I have posted are articles which appear on the internet: videos, newspaper interviews, etc. with the links, so anyone can read or view them for themselves. Everyone can draw their own conclusions. I have no vested interest in Nascar or Jeremy, however, it’s just my nature to favor the “underdog” in these types of things. (Carl Long for example).
About the only two times I voiced my opinion was to say that I found it disturbing the Nascar didn’t want to allow Jeremy’s lab to test sample B of the second test, which seems to be true, and that Aegis has more of a “vested” interest in this than Labcorp. which I also believe to be true.
I have not come out and said Jeremy was not guilty, but “if” what he says is true, knowing what little about the case as I do, and I am on the “jury”, my vote would go to Jermey’s side. Too many things just don’t add up for me with Nascar. For example, when they took the first sample, Aegis tested both A and B samples. Why not let another lab test sample B. Then they sent the “unsealed” samples of the first test to another lab (which they chose) to be tested. Why would they not let a lab that Jermey chose to make those tests. (BTW, I don’t think those tests will stand up in court, since they were unsealed). Now they have a second test, also tested by Aegis, why not have the courts assign a lab to do that testing? Maybe they will, I don’t know. In addition, I believe Dr. Black has stated hair testing is not viable (if you notice, according to their website) they don’t do it. But according to all I have read, it is a god way to test, and samples can not be tampered with. Like I said, just too many things don’t add up for me
“”"”7. How does Hair Testing compare to urinalysis?
The primary differences are
1) wider window of detection
2) inability to tamper with the test
Cocaine, methamphetamine, opiates and PCP are rapidly excreted and usually undetectable in urine 72 hours after use. The detection period for hair is limited only by the length of the hair sample and is approximately 90 days for a standard test.
At this time there are no known adulterants for hair tests. Since hair tests analyze the drugs inside the hairshaft, external contaminants/chemicals have no effect.
Additional advantages include non-intrusive collection procedures, virtual
elimination of test evasion.
The combination of an increased window of detection and resistance to evasion makes Hair Testing far more effective than urinalysis in correctly identifying drug users.”"”"”
http://www.omegalabs.net/abouthairtesting/hairtestingfaq/hairtestingfaq.aspx
BTW: nice debating with you Marc!!
Since we are introducing law suits how about this one for Aegis, involves chain of custody, not the Dr. not “checking the correct box”
Aegis suited by Metropolitan Government of Nashville
http://www.tsc.state.tn.us/opinions/tca/PDF/034/Woods.pdf
http://www.nashville.gov/mc/resolutions/term_1999_2003/rs2003_1550.htm
I have no clue – it’s all been said here. I put absolutely nothing past any of the players. Maybe we need to wait and hope this case actually goes to trial. Maybe Mayfield (whose career is clearly doomed) is hoping for a settlement, but I am sure NASCAR would rather litigate than settle.
Meanwhile, every other word out of the lawyers’ mouths will be variations on “outrageous.”
Henry – “About the only two times I voiced my opinion was to say that I found it disturbing the Nascar didn’t want to allow Jeremy’s lab to test sample B of the second test, which seems to be true, and that Aegis has more of a “vested” interest in this than Labcorp. which I also believe to be true.”
And guess what, your opinion is based on a guess, thin, or no air.
FACT, not opinion, not some internet myth, it’s FACT taken directly from court documents:
QUOTE
Notwithstanding the testing results by Aegis, an independent lab re-confirmed the results which indicated that methamphetamine was present in Mayfield’s samples.
Affidavit of Mitchell LeBard (“Lebard Aff. (Doc 21-11)”) at ¶ 6, pp. 6-7. A second test at an independent laboratory again confirmed that the positive test result was not the product of a false positive.
UNQUOTE
This quote rel;ates to Mayfield’s sample taken at Richmond and totally debunks his and “the internet’s” myth that Aegis is the only lab reaching the same conclusion.
Secondly, to your point on sample B of the second test both his lawyers and NASCAR are waiting for the court to decide how, when and by who should test that sample.
What exactly do you want them to do, test it without court approval?
And finally, your vested interest is a load of hooey the same argument can be said of LabCorp as they damn sure aren’t doing these tests for free and in fact have a “vested interest” based on the probability they have been retained by his lawyers at a handsome fee.
You continue – “The combination of an increased window of detection and resistance to evasion makes Hair Testing far more effective than urinalysis in correctly identifying drug users.”
Which raises the question, why hasn’t Mayfield entered into any court record the hair test he claimed to have taken when he ill advisedly busted his suspension at Lowes?
As for your Nashville/Aegis thing… and so?
I’ve already addressed that, in short your pointing to something that occurred 9 years ago and at this point there’s zero proof it’s happened again, maybe it will be but your grasping at straws.
Might I suggest you use the search function on the FDA website? It’s very instructive and shows a butt load of warnings and what amounts to cease and desist orders issued to LabCorp for bad and in one case illegal practices.
A search of Aegis turns up damn few by comparison.
Somebody besides Nascar needs to be testing these drivers, a neutral professional trusted laboratory maybe. Its stupid that an organization like Nascar doesn’t have a drug testing program that works, the big boss has got to go, time to clean house.
As far as people looking like meth heads, and not… have a clue people! They come in all shapes and sizes, and if Jeremy is using this awful drug and driving races with it still in his system, the only way anybody is going to know, is from
a thorough fair testing program.