The lawyer for Harvey Updyke, the man accused of poisoning the trees at Toomer’s Corner, has filed two more motions -- a delay in trial a change in venue -- in addition to the request that the judge overseeing Updyke’s case be removed as Updyke’s case gets closer to trial.
Updyke’s attorney, Everett Wess, asked for the delay in the trial, which is currently set for March 5, on Tuesday at the Lee County Circuit Court so that he could “enlist experts on the poisoning of trees.” Wess also asked that the trial be moved to Birmingham, Jefferson County, Mobile County or Madison County.
So far, the motions are under consideration, although judge Jacob Walker said “This is not the appropriate time,” for such requests. For the record, Walker will remain the judge for Updyke’s case.
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.