Justice falls by the roadside - NASCAR

When did NASCAR move its headquarters to the Magic Kingdom? Its approach to crime and punishment over the last few years has been strictly Mickey Mouse.

The recent decisions in the case of Jimmy Spencer vs. Kurt Busch form a model of inconsistency. Does NASCAR have a roulette wheel in the big red trailer (its mobile headquarters)? Spin the wheel and get a punishment. After punching Busch at Michigan, Spencer got a "double zero"--a suspension from last weekend's Bristol races and a $25,000 fine. He's also on probation for the rest of the year.

Everything depends, seemingly, on where the little ball lands. If a roulette wheel symbolizes your justice system, you have issues. Time for some stock car counseling.

* NASCAR never has really punished, and by that I mean parked, competitors on a consistent basis for throwing punches or using vehicles as weapons. If it had done so, it's likely NASCAR's latest family feud wouldn't have escalated to violence.

This battle between Busch and Spencer goes back to the October 2001 race at Phoenix, where Spencer tapped Busch and turned him sideways.

It escalated in the March 2002 race at Bristol, where Busch bumped front-running Spencer out of the way and went on to his first Winston Cup victory. The next installment came in August 2002 at Indianapolis, where Spencer wrecked Busch

Nicknamed Mr. Excitement, Spencer is one of racing's bad boys, and nothing he does surprises me. Saying Spencer is aggressive is putting it mildly, but that approach is one reason the late Dale Earnhardt considered him one of the toughest competitors on the track.

I like Spencer because of his no-fear attitude and because he exercises his freedom of speech better than anyone in the garage. But NASCAR should have parked him after he dumped Busch at Indy. Perhaps Spencer believed he could get away with that because Busch got away with the same crime earlier last season in the Winston, taking out Robby Gordon to bring out a caution.

Stern punishment for Spencer after Indy could have sent a message that further misconduct was unacceptable.

* Serious crimes--such as premeditated mayhem--deserve serious penalties. Two such infractions were treated differently.

Kevin Harvick was the last Cup driver parked, in April 2002 at Martinsville, before Spencer. Harvick was on probation when he intentionally spun Coy Gibbs in a truck race. Published reports say that officials heard Harvick say over the radio that he was going after Gibbs.

Similarly, Busch said over the radio that he was trying to rub Spencer's fender at Michigan. So why wasn't Busch parked for Bristol? He got only probation from NASCAR. The discrepancy in those penalties was just another example of NASCAR's lack of consistency, which engulfs matters large and small.

For instance, if you're a crew chief and you use an illegal spring, you're not sure what the penalty will be if you are caught. You might get suspended, or draw a $25,000 fine (which your team will pay), or receive a penalty that really hurts: the loss of championship points.

If NASCAR were consistent with its calls, fewer drivers and teams would see how deep they can explore the gray areas before getting busted.

* NASCAR has a propensity for playing favorites.

A Harvick fan, reminding me by e-mail of the difference in the penalties for Harvick and Busch, contended that a suspension of Busch for Bristol would have constituted "conduct detrimental to the lining of NASCAR's pockets" because one of Busch's sponsors, Sharpie, is the sponsor of the Bristol race. Whether that's true or not, there is at least an appearance of possible sponsor influence. To top it off, Busch won the race. It wasn't a popular outcome with most fans, especially after Busch spun track favorite Sterling Marlin.

Money must have bought the endless supply of get-out-of-jail-free cards for Tony Stewart because Home Depot is the official home improvement store of NASCAR. Stewart's infractions make the above offenders look like amateurs.

The roulette wheel of justice will keep turning until NASCAR recognizes the inequities. When penalizing drivers, let the punishment fit the crime across the board.

TSN's POWER POLL

Rank   Driver               TSN pts.   Winston Cup pts.

 1.     Matt Kenseth          2,432       3,592 (l)
 2.     Ryan Newman           2,143       2,971 (7)
 3.     Dale Earnhardt Jr.    2,087       3,241 (2)
 4.     Kurt Busch            1,877       2,990 (6)
 5.     Kevin Harvick         1,863       3,128 (3)
 6.     Jeff Gordon           1,854       3,060 (5)
 7.     Jimmie Johnson        1,807       3,063 (4)
 8.     Bobby Labonte         1,754       2,907 (9)
 9.     Michael Waltrip       1,619       2,960 (8)
10.     Tony Stewart          1,599       2,809 (11)

Through race No. 24, at Bristol, Tenn. For a complete TSN
Power Poll rundown and an explanation of the points breakdown,
go to www.sportingnews.com/nascar/poll.

lspencer@sportingnews.com

M@IL BONDING: LEE SPENCER ANSWERS YOUR QUESTIONS

What is your take on the Jimmy Spencer-Kurt Busch situation? Is Busch just a talented, smart aleck kid, or is Spencer simply a frustrated bully? I know this has been going on for a couple of seasons, but one would think they should have come to some sort of resolution and concentrated on driving. What's the deal?

Dave Barr, Reno, Nev.

Dave: There often are two sides of a story. As innocent as Busch appeared (other than trading paint with Spencer at 185 mph) at Michigan when he emerged from the NASCAR trailer, damaging radio chatter made him Look like less of a victim. Busch said over the radio that he "tried to flatten the 7 car fender," and it was obvious he was pushing Spencer to race harder and therefore use more fuel than was necessary.

Busch didn't help the situation with Spencer by gesturing at him as he passed him on the track. Though Busch always has been polite to me, competitors offer mixed reviews.

I'm not sure if I would describe Spencer as "a frustrated bully," but it has been 297 races since his last win.

SPEED READS

* Owner Richard Childress is set to partner with an Indy Racing League team next season, a move he hopes will make RCR stronger and open doors with new sponsors. The move also will help the General Motors racing operation, much the way Dodge has benefited from the technological knowledge Roger Penske and Chip Ganassi have gained through open-wheel programs.

lspencer@sportingnews.com

* It's good to see Todd Parrott back on pit road as crew chief for Elliott Sadler at Robert Yates Racing. Parrott, who had been on indefinite leave from his job as team manager at Yates, is familiar with the system. Parrott's method of motivation should help Sadler's team tremendously.

* Rusty Wallace keeps pushing for softer tires, but he'll have little to fuss about this weekend at Darlington. The track's rough surface wears down rubber quicker than most other tracks. The tire still holds up, but it doesn't grip as well which leads to better action--such as Ricky Craven's narrow win over Kurt Busch in the spring race.

lspencer@sportingnews.com

INSIDE DISH By LEE SPENCER

Kodak is in its 17th year as primary sponsor for the No. 4 Morgan-McClure team, but rumors persist that it will not return after this season. Team owner Larry McClure could not be reached for comment, but Ed McClure, his brother, says the contract runs through 2005. Because most sponsor contracts contain performance clauses, Kodak likely has an out. Sources at Dale Earnhardt Inc. deny that Kodak will sponsor the No. 1 car next season.... Ultra Motorsports owner Jim Smith says Jason Leffler needs to decide where his loyalties lie. Smith says if Leffler wants to retain his Dodge ride with Ultra in the Crafts man Truck Series, to drive a Pontiac for Haas-CNC Racing in Winston Cup. "We've sent him a contract," Smith says. "The next move is his." Smith says Leffler, who is eighth in truck points, is welcome to walk, but it will come at a high price. Leffler has driven the Haas-CNC No. 0 car in three Cup races and had agreed to drive in eight more.... John Fernandez, Dodge's vice president of motorsports, says DaimlerChrysler will run the Intrepid in the Cup division next year, but look for a new model, matching the company's production schedule, for 2005. "There are a few new templates coming," Fernandez says. "But because of the common templates, there won't be a huge difference." Fernandez says NASCAR's greatest concerns are maintaining the safety standards of the car and the equality among the four car makes. With 18 of the 32 templates being common, the nose, the tail and the side windows are the areas in which cars can retain identity.... Matt Kenseth was the only driver over age 30--he's 31--to finish in the top five at Bristol, where he added to his seemingly insurmountable points lead with a fourth-place run. Although the race tied the Cup record with 20 caution periods, Kenseth dodged the causes of them all and might have won the race had he not waited until his final stop to change tires. Though Kenseth has just one win, he leads all drivers with 19 top 10s in 24 races and is tied with Bobby Labonte with 10 top fives.... Jeff Gordon's recent run of bad luck continued at Bristol. He won the pole and led the most laps but was caught up in a wreck and knocked out of the race. It was the third time he didn't finish in the last five races, and he wound up 28th. Gordon dropped from second to fifth in points during that stretch and trails Kenseth by 532 points.... Rookie Jamie McMurray's third-place finish at Bristol was his best in four Cup short track races. McMurray credited solid pit stops by his crew and adjustments made by crew chief Donnie Wingo that made his No. 42 Dodge a "totally different car" and easier to drive as the race wore on.... Rusty Wallace plans to field a Busch Series team next season and will make the announcement soon. The driver is expected to be Billy "Catfish" Parker, a late model competitor and brother of Busch driver Hank Parker Jr.

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