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Updyke’s attorney asks judge to remove himself from case

Harvey Almorn Updyke Jr.

The drawn-out case of Harvey Updyke and the Toomer’s Corner tree-poisoning allegations has potentially hit another road bump. Updyke has had a hard time keeping lawyers to represent him, and now, might have another judge to oversee his case.

Updyke’s attorney, Everett Wess, filed a motion Friday asking Lee County Circuit Judge Jacob Walker to remove himself from the case because of potential ties any friends, family, etc., might have to the rival university. Had the case reached a plea agreement, the motion would have been unnecessary, Wess wrote.

“I am filing this motion at this juncture because it appears a trial seems certain. We have done all we can to work toward resolving this case,” Wess said in the motion.

Attorneys representing Updyke have requested to be removed from the case for similar reasons in the past year.

Updyke pleaded not guilty in May to two felony counts of first-degree criminal mischief, two felony counts for unlawful damage, vandalism or theft of property from a farm animal or crop facility and two misdemeanor counts of desecrating a venerated object.

Out on bond, Updyke was spotted in New Orleans for the BCS championship game last week.

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25 Responses to “Updyke’s attorney asks judge to remove himself from case”
  1. 1990tiger says: Jan 15, 2012 5:16 PM

    let’s just string him up and be done with this piece of trash.

  2. LogicalConsideration says: Jan 15, 2012 5:27 PM

    Seriously? By your ID, I infer that you are a 42 year old grad of Auburn. As offensive as the poisoning of the trees at Toomer’s corner is, it’s nothing any civilized mature person would consider a capital offense. Grow up.

    And if you mean to weasel out by saying “I was just joking.” Well then, you desperately need some comedy classes.

    Keep some perspective. For reference, I would point out we don’t even execute cross burners or flag burners.

  3. bangitfootball says: Jan 15, 2012 5:34 PM

    Ole Harvey needs a Bama judge.

  4. helenh777 says: Jan 15, 2012 5:43 PM

    This guy is a couple bricks short. He really needs a doctor. If he had killed someone he would already be seeing a Dr. He keeps saying Roll Tide even after getting caught. Wow, I love the Tide but this guy takes the cake.

    Let’s not make things worse by dragging this thing out forever. Too much expense already. He needs to be kept away from normal people, not hanged.

  5. takingbovadasmoney says: Jan 15, 2012 5:47 PM

    desecrating a venerated object? damn, this sounds like sandusky not a guy being persecuted by a bunch of Alabama tree hugging hippie liberals!

  6. chachooga says: Jan 15, 2012 5:58 PM

    Ed Reed from the U…balla…ints for the old guy…should of had a couple more.

    More ballas from the U in the late game….Kenny Phillips and Antrel Rolle both recover fumbles (ok Phillips was overturned…but it was a fumble)

    Its all about The U….Al Golden baby

  7. jason1214 says: Jan 15, 2012 6:08 PM


    Really? The “U”, is quickly becoming Notre Dame…..irrelevant. Wake me when they accomplish something..

  8. thatobnoxiousguy says: Jan 15, 2012 6:56 PM

    It was a freakin tree!!!!

    Get over it.

  9. thatobnoxiousguy says: Jan 15, 2012 7:27 PM

    The U?


  10. chachooga says: Jan 15, 2012 7:39 PM

    Al Golden baby….

    remember Mike Shula…you bama fans still high off your fake championship. There should be an * next to it that says you lost to LSU 9-6 in the regular season after missing 4 FGs and your out of conference schedule included Geargia Souther, North Texas and Utah State. Fake champs. Enjoy it.

    And yes there are ballas from the U on all the teams you are watching today……Superstars!

  11. pb420 says: Jan 15, 2012 8:15 PM


    Very ignorant post, and it shows you totally missed the point. The trees represent the heritage of the university. Every campus in America has landmarks that keep tradition alive. Not a follower of either school, but have tremendous respect for both historic programs. I am sorry for the decent Bama fans that have to be lumped in with this hillbilly dimwit poor sport loser. And obviously feel bad for the Tigers, and hope the trees make it. As for yourself, try turning of fox news and read a book, it might do you some good.

  12. TxGrown says: Jan 15, 2012 11:59 PM

    “As for yourself, try turning of fox news and read a book, it might do you some good.”
    Try learning how to post without being an a$$…and turn OFF msnbc.

  13. 1990tiger says: Jan 16, 2012 12:34 AM


    Relax…take your right hand, reach behind you, pinch your pink little panties and pull them outta your crack a bit. I think they’ve ridden up a little high.

    If you really think I was seriously advocating the death penalty for this piece of trash, you desperately need to take some “how to spot tongue in cheek remarks” classes.

    By your ID, I infer that you like to think of yourself as a person who considers things logically feels the need to point that out to other civilized mature people such as yourself. If you think someone isn’t considering things as logically as you do, then you try to weasel out and suggest that they need to grow up or reference things. I’ll bet you are loads of fun at parties.

  14. lasseter1113 says: Jan 16, 2012 12:38 AM


    Remember Gene Stallings? Remember Bama 34, Miami 13??? Was that National Championship real? Those so called “ballas” ran their mouths and then got DOMINATED!!! Still hurting from that huh? How about that GREAT BIG BCS National Championship trophy in Tuscaloosa? Looks pretty real to me. How about the AP trophy and the AP Voters crowing us National Champs? Everybody in the world of college football that counts seems to think that we are the National Champions. So until you get a vote in one of the polls or become the president of the BCS, what you think really doesn’t matter now does it?

    I didn’t know the Green in Miami’s colors stood for envy? Learn something new everyday…..8~)

  15. lasseter1113 says: Jan 16, 2012 1:02 AM


    Thank you for your comment about not lumping all of us Bama fans in with Harvey Updyke. What he did was despicable. I can guarantee you there are more Bama fans like me who think that what he did was a horrible senseless act than there are that don’t. I do wish they would quit dragging it out though and just get it over with and in the past. Trust me some Auburn fans are milking this for everything it’s worth. Nicknaming Bama fans Updyke’s and acting like every Bama fan in the world got together one day with Harvey Updyke and planned the whole thing. I feel very bad for Auburn and I too hope that their trees can pull through this. I understand it is one of their sacred traditions and I know if something like that was taken from us we would be very upset too. Unfortunately there will always be fans on both sides that take the rivalry too far not realizing that in the process they manage to make the whole state of Alabama look foolish. Making the rest of the nation look down on us and call us horrible hurtful names that actually only accurately describe a very small number of people here. Sorry about going on a rant, I just feel very compassionate about the subject as you can probably tell. I have learned that you have to just ignore most of it and it’s a MUST that you develop a sense of humor or you will go crazy. Take it easy my friends………….

  16. brewcrewfan54 says: Jan 16, 2012 2:56 AM

    I find the people who want this guy to be hanged or put in jail for 10 years to be ridiculously hilarious. Ban the guy from watching Alabama football games for a year. Make him check into jail for the 3 hours they’re on and tell him he cant record the games on his DVR. Take away what he loves the most for a season and I think the punishment will fit the crime.

  17. LogicalConsideration says: Jan 16, 2012 5:26 AM

    Apparently, 1990tiger thinks the world is a better, more interesting place when we keep discussions at the level preferred by Harvey Updyke. How sad.

  18. 1990tiger says: Jan 16, 2012 10:18 AM

    Apparently, LogicalConsideration thinks he can read people’s minds and he gets sad very easily. I hope his outlook on life can improve.

  19. takingbovadasmoney says: Jan 16, 2012 11:03 AM


    I’m sorry but it appears you have missed the point. “Alabama tree hugging liberal…” Couldn’t resist it. Turn off MSNBC, put the Christopher Hichens down and watch South Park.

  20. stairwayto7 says: Jan 16, 2012 11:17 AM


  21. Deb says: Jan 16, 2012 12:58 PM

    helenh777 said it all. Bama fans raised $50,000 to care for/replace Auburn’s trees all because of this one nut. He needs psychiatric care, and this case is wasting a ridiculous amount of taxpayers’ money. It will be almost impossible to find a judge in Alabama who doesn’t have ties to one school or the other. Just plead it out.

  22. takingbovadasmoney says: Jan 16, 2012 3:10 PM

    If he was bonded out, why was he in Louisiana and his bond not been revoked?

  23. chachooga says: Jan 16, 2012 10:23 PM

    Hey Lester….

    Who ran their mouth and got smacked….by ballas I meant Ray Lewis, Ed Reed, Antrell Rolle, Kenny Phillips, Frank Gore, Vince Wilfork……SUPERSTARS IN THE CONFERENCE FINALS.

    You Bama folks have all sorts of fake championships over the years….why not add this years to the list.

    *you lost 9-6 to LSU, you missed 4 FGs, you played Utah St., Georgia Southern and North Texas.

    Have fun hugging the trophy…….the green ain’t envy baby…..bringing it back to South Beach baby!!!

  24. chachooga says: Jan 16, 2012 10:26 PM

    Any Hey Lester…

    Jimmy Graham, Sam Sheilds, Andre Johnson, Jonathan Vilma, Orlando Franklin, Willis McGahee, DJ Williams ain’t bad either….ballas.

    UM equals NFL SUPERSTAR!!!!

  25. Deb says: Jan 17, 2012 1:12 PM

    Ohh, chachooga, speaking of great moments in Miami history, let’s not forget this one …



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