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: Mar 22, 2007
Posted on: January 21, 2012 9:03 am
 

Report: Harvey Updyke rejects 13-year plea deal

they want to send him to prison because now auburn can't toilet paper their trees win they win? what a joke! theres no need to waste tax payers money by sendig him to prison.



Since: Jul 21, 2007
Posted on: January 21, 2012 8:58 am
 

Report: Harvey Updyke rejects 13-year plea deal

If Auburn official had any sense, they would have began growing a successor to the tree years ago. Trees are long lived, but not forever. Still, it's hard to place a value on the life of a tree, but this guy shouldn't be given many options. What he did was beyond the imagination of most people. I just wonder what other skeletons he has hiding in his closet...



Since: Nov 18, 2007
Posted on: January 21, 2012 8:14 am
 

Report: Harvey Updyke rejects 13-year plea deal

How about 13 years community service on the Auburn campus? That seems far more appropriate than 13 years in jail for killing trees.


bsg40 - Wink



Since: Apr 18, 2007
Posted on: January 21, 2012 8:08 am
 

Report: Harvey Updyke rejects 13-year plea deal

effing hilarious, good way to start the Saturday!



Since: Mar 26, 2011
Posted on: January 21, 2012 5:23 am
 

Report: Harvey Updyke rejects 13-year plea deal

Knowing the ferocity of this rivalry, sounds like Updyke has a pretty good case for recusal and change of venue. To me, the best punishment would be for him to have to give 20% of his income for the rest of his life to Tigers Unlimited, and that he should have to do it in person to Cam Newton's dad on camera. I do like the ban from Tide sporting events also.



Since: Jan 16, 2010
Posted on: January 21, 2012 5:16 am
 

Report: Harvey Updyke rejects 13-year plea deal

@ 5rings, is this tree killer still considered a ute? I wonder if he had instant grits that morning



Since: Sep 14, 2006
Posted on: January 21, 2012 4:28 am
 

Report: Harvey Updyke rejects 13-year plea deal

His first mistake was not hiring Vincent LaGuardia Gambini to represent him. This lawyer has already shown he can win any case in Alabama and no doubt would do so again here.



Since: Sep 14, 2006
Posted on: January 21, 2012 4:27 am
 

Report: Harvey Updyke rejects 13-year plea deal

His first mistake was not hiring Vincent LaGuardia Gambini to represent him. This lawyer has already shown he can win any case in Alabama and no doubt would do so again here.



Since: Sep 5, 2006
Posted on: January 21, 2012 2:48 am
 

Report: Harvey Updyke rejects 13-year plea deal

Updyke should have to clean up the toilet paper from the rolling of the Toomer's Corner trees after every Auburn home win for the next ten years. Although his act was despicable, Updyke should not be sentenced to prison for poisoning the trees. According to this article, it appears that the most important thing to Auburn officials is for the rolling of Toomer's Corner to continue without interruption, no matter what particular trees are used. With that being said, it is a sad state of affairs when the Alabama-Auburn rivalry has to be tainted by the actions of just one fan who could be driven by sheer hatred to do something this stupid.



Since: Dec 3, 2006
Posted on: January 21, 2012 1:44 am
 

Report: Harvey Updyke rejects 13-year plea deal

How about 13 years community service on the Auburn campus? That seems far more appropriate than 13 years in jail for killing trees.


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