Blog Entry

Report: Harvey Updyke rejects 13-year plea deal

Posted on: January 20, 2012 7:13 pm
Edited on: January 20, 2012 7:28 pm
 

Posted by Jerry Hinnen

Accused tree-poisoner Harvey Updyke has rejected a plea deal that would have sent him to prison for 13 years and -- maybe more importantly where Updyke is concerned -- prohibited him from ever attending another Alabama sporting event. 

ESPN's Mark Schlabach reported Friday that Updyke declined the plea deal "earlier this month." Updyke is scheduled to go to trial for poisoning Auburn's beloved Toomer's Corner oak trees in the Lee County (Ala.) Circuit Court March 5, but current Updyke attorney Everett Wess has requested a delay in the trial, a change of venue, and a recusal from the presiding judge.

Wess is asking that the trial be moved out of Auburn and that judge Jacob Walker III step down over his participation in an Auburn season ticket pool.

Updyke was indicted last May on two felony counts of criminal mischief, two misdemeanor counts of desecrating a venerable object and two more felony counts of an Alabama law that prohibits vandalizing or stealing any property on or from an animal or crop facility. Updyke could face as much as 42 years in prison if convicted on all counts.

Though Updyke has maintained his innocence, he has also admitted to being "Al from Dadeville," the Paul Finebaum radio show caller who boasted he had poisoned the oaks in late December 2010. Updyke has since called into the show multiple times to apologize for his actions, leading to a break with his fourth attorney, Glennon Threatt. 

The oaks are not expected to survive, forcing Auburn to search for options to keep the traditional rolling of Toomer's Corner intact. The most likely approach, as recommended this week by the Committee to Determine the Future of Rolling Toomer’s Corner, will be for the oaks to be replaced by similar-sized trees once the chosen saplings have grown large enough, and for a temporary object or objects -- like some kind of wire structure -- to be used as a temporary solution until the trees are ready.

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Comments

Since: Jul 8, 2008
Posted on: January 20, 2012 11:39 pm
 

13 years ? seriously ??

For a couple of trees ? Now i understand that was a special tree and all,don`t get me wrong.But would a jury actually give a guy 13 years for a tree ?? A young woman threw her dead baby into a Florida swamp in a plastic garbage bag and walked away free.She sdmitted putting her dead baby in the swamp.And this guy`s getting 13 years for killing trees ? "Best judicial system in the world" ? For the blood sucking lawyers maybe



Since: Sep 3, 2011
Posted on: January 20, 2012 11:07 pm
 

Report: Harvey Updyke rejects 13-year plea deal

hey asshole Auburn was CLEARED and we care abut the stupid trees
F U C K U 



Since: Jun 10, 2011
Posted on: January 20, 2012 11:04 pm
 

Report: Harvey Updyke rejects 13-year plea deal

You moron.  Everyone knows the risks of drinking and driving.  Poisoning trees is nothing compared to DUI manslaughter.  Get some perspective.



Since: Jan 3, 2010
Posted on: January 20, 2012 10:51 pm
 

Report: Harvey Updyke rejects 13-year plea deal

Who cares about those stupid trees?  Auburn basically deserved it when they cheated to get cam newton.  Updyke is a loser so you can lock him away but this case is just dumb.



Since: May 28, 2008
Posted on: January 20, 2012 10:33 pm
 

Report: Harvey Updyke rejects 13-year plea deal

OK, this guy is a dumbass, but 13 years?  The CFO of enron only got like 2 years.  The justice system in our coutry is so screwed up.



Since: Jan 23, 2009
Posted on: January 20, 2012 10:31 pm
 

Report: Harvey Updyke rejects 13-year plea deal

Hahahahaha, Alabama, another brick in the monument to illogic known as Southern Justice. Show the guy some mercy and give him 41yrs 11mos.  I literally can't laugh loud enough--HAHAHAHAHAHAHAHA!!!!!



Since: Dec 7, 2007
Posted on: January 20, 2012 9:50 pm
 

Report: Harvey Updyke rejects 13-year plea deal

To accept a 13 year prison term for killing a tree is a little over the top. You get less time for deaths caused in traffic accidents, drive by shootings etc. I think a fine and the expense of putting in the biggest replacement tree and the cost of an arborist to maintain it for the next ten years, along with a 3-6 month strecth in a county jail would be severe. Come on it was only a tree not a human life it meant a lot to some college fans, but gov'ts routinely take away property someone loves using eminent domain or adverse posession and that's ok to the public. There has to be some perspective to what it was and not the fevor of rabid fans.



Since: Oct 29, 2009
Posted on: January 20, 2012 9:28 pm
 

Report: Harvey Updyke rejects 13-year plea deal

Why did this nut case have to choose Alabama as his favorite team? He was born in Texas, raised in Florida, and is a retired Texas State Trooper. Never attended the University and until recently never even lived in the State of Alabama. Blame Florida and Texas for producing this loser, not Alabama.



Since: Oct 30, 2006
Posted on: January 20, 2012 8:55 pm
 

Report: Harvey Updyke rejects 13-year plea deal

Just playing devils advocate but Stallworth accidentally killed a man. No fore thought or malice, no
pre meditation. This guy deliberately poisoned the tree with the intent to destroy it. Intent or
pre meditation is the difference between a murder charge and a manslaughter charge in the
judicial system i believe? Perhaps that has something to do with it.




Since: May 18, 2009
Posted on: January 20, 2012 8:51 pm
 

Report: Harvey Updyke rejects 13-year plea deal

Raiderduck...your an Idiot!


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