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: Nov 14, 2009
Posted on: January 21, 2012 8:18 pm
 

Report: Harvey Updyke rejects 13-year plea deal

They fail to mention that this guy was born in TX, grew up in FL, and is a retired TX State Trooper.  He wasn't even from AL!!! The first time he ever lived in AL was two years prior to the incident.  What caused him to be so obsessed with the Tide?  HE'S A MENTAL CASE!!! 



Since: Dec 1, 2009
Posted on: January 21, 2012 7:17 pm
 

Report: Harvey Updyke rejects 13-year plea deal

"...current Updyke attorney Everett Wess has requested a delay in the trial, a change of venue, and a recusal from the presiding judge."
    --Jerry Hinnen

A change in venue?!?! Buy a vowel, moron. Where to? Juneau, Alaska? San Francisco? The only (vanishingly remote) chance that this guy has got is before an Auburn jury. In Tuscaloosa they'd probably ask the Judge if they could impose the death penalty. I mean, would YOU want to be publicly connected with this mouth-breathing low-life? 



Since: Nov 9, 2008
Posted on: January 21, 2012 6:59 pm
 

Report: Harvey Updyke rejects 13-year plea deal

Jesus Christ... who is the damn Prosecutor Forest Gump? 13 years is absolutely insane and if he gets anything past a year in jail the sentence will be appealed and overturned. As one of the posters said below... this is just Alabama stupid!



Since: Dec 27, 2007
Posted on: January 21, 2012 5:27 pm
 

Report: Harvey Updyke rejects 13-year plea deal

Our legal system is a mess.  Michael Vick killed dogs and went to prison for what, 1 1/2 years?  These are TREES.  13 years?  Jesus Christ, someone do something

 BRAVO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!




Since: Aug 24, 2007
Posted on: January 21, 2012 2:45 pm
 

Report: Harvey Updyke rejects 13-year plea deal

Every crime is ounished to lightly! And in most of the prisons today they have it easier than many people have to live in the real world. This country is so screwed up and our leader and what he represents is why!


philsfan1
Since: Jul 22, 2010
Posted on: January 21, 2012 2:37 pm
This comment has been removed.

Post Deleted by Administrator




Since: Dec 25, 2006
Posted on: January 21, 2012 2:32 pm
 

Report: Harvey Updyke rejects 13-year plea deal

Here's a novel idea for all you GENIUSES that say things like ...

this guy need to be punished but 13 years is insane for killing a tree.  There are murderes and child rapist who do less time
Just to add another point besides the excessiveness of the pnealty as it compares to murder and rape.... the last thing I think we need to do with our tax dollars is support another inmate in jail because of poisoning trees.
People that are involved in drug pushing, robbery, assaults for example may get a jail sentence much shorter than this and then be released earlier yet, or get probation for something more severe.
 
MAYBE the murderers and rapists are under punished!

Now please go back to MY post from January 21, 2012 12:45 pm and when you're done reading, tell me how this is a meaningless crime.



Since: Aug 26, 2011
Posted on: January 21, 2012 2:23 pm
 

Report: Harvey Updyke rejects 13-year plea deal

this guy need to be punished but 13 years is insane for killing a tree.  There are murderes and child rapist who do less time



Since: Dec 25, 2006
Posted on: January 21, 2012 2:20 pm
 

Report: Harvey Updyke rejects 13-year plea deal

Benko wrote:
The system is a sham..a proper punishment is for him to plant new trees and nurture them.  This a community service punishment not a prison term!!  He should have to take care of them 5 hours per week for 10 years.  Then hand off the the service to Auburn.  Oh, and he must purchase the new trees as well.
Whenever something is stolen or something is vandalized and the legal system is involved, there is almost always punishment along with the restitution. How is restitution only, his punishment?

So what do you all think the proper punishment for this crime should be.



Since: May 4, 2008
Posted on: January 21, 2012 2:15 pm
 

Report: Harvey Updyke rejects 13-year plea deal

Just to add another point besides the excessiveness of the pnealty as it compares to murder and rape.... the last thing I think we need to do with our tax dollars is support another inmate in jail because of poisoning trees. I mean cmon cant they put those tax dollars to better use and give this guy who I assume has no other criminal record probation !! While were are at it since he seems to have tremendous hatred for Auburn, why not let him do something beneficial for the school. That seems to me what would hurt him the most !!!



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