Attorney: Kurt Busch has domestic violence problem

Busch's attorney accused Driscoll (L) of trying to ruin Busch because he dumped her

Kurt Busch and his attorneys engaged in a smear campaign to cover up the driver's alleged abuse of his ex-girlfriend, according to court documents filed in Kent County Family Court on Thursday.

In a rebuttal of closing arguments filed Wednesday in which Busch's attorneys accused Patricia Driscoll of perjury, Carolyn McNeice, Driscoll's attorney, wrote that her client did not perjure herself. McNeice said that Busch's legal team sought to smear Driscoll's reputation to distract from the very real allegations that the driver grabbed her by the throat and slammed her head three times against the wall during a race weekend in Dover.

"I suggest instead that Respondent [Busch] does not have a public relations problem; he has a domestic violence problem," McNeice wrote. "He committed an act of abuse and the Court should find in Mrs. Driscoll's favor."

In Wednesday's filing, Busch's legal team alleged that Driscoll repeatedly lied on the stand, making up stories about how he allegedly abused her so she could destroy his reputation. They also questioned why Driscoll never rebutted claims that she was an assassin, something which she denied after the hearing. McNeice wrote in Thursday's rebuttal that Driscoll did not have to, because she already did when asked during cross examination.

Rusty Hardin, Busch's attorney, said Thursday evening said he hadn't seen the rebuttal, but when told of the comments he said they were "patently false."

"… there is no question that she has lived a life of misrepresenting things to people," he said, adding that they could file a perjury complaint with the courts depending on what happens in the coming weeks. "She will be fortunate if she rides this thing out without being charged with a crime herself."

Busch does not have a domestic violence problem, Hardin said.

"If anybody needs protection, it's him," he said.

Driscoll has requested that Busch stay away from her and not contact her. She also is asking for Busch to undergo a psychiatric evaluation and be assessed by a certified domestic violence treatment agency, according to the court filings.

Kent County Family Court Commissioner David Jones is expected to make a ruling on the matter in the coming days.

Dover Police Department closed their investigation into the incident last December and turned it over to the state Attorney General's office. The office has not yet announced a decision. Delawareonline.com