How the Court Ruled Against Kurt Busch

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Nov 14, 2014; Homestead, Miami, USA; NASCAR Sprint Cup Series driver Kurt Busch during practice for the Ford EcoBoost 400 at Homestead-Miami Speedway. Mandatory Credit: Jerry Lai-USA TODAY Sports

Busch’s credibility

Kurt Busch’s testimony raised the following concerns:

  • Busch’s recollection of events seemed rehearsed or memorized.  Busch could only remember the events in the sequence he gave them; when asked to recall out of sequence, he could not do so.
  • His troubles alarmed even his own counsel, who objected to Busch testifying in such a way.  Upon re-instruction, Busch continued to recite the events in a sequenced narrative, anyway.

The Commissioner believes that Busch could speak of the events in no other way, suggesting they were untrue in that one could remember things that have actually happened in any order, as opposed to just one, memorized sequence.

Also causing issue for the Commissioner was what Busch had at stake: his racing career.  Finding Busch had a large incentive to deny the allegations, the court could place less trust in his version of events.