Harvey Updyke Asks For A Change Of Venue

The attorney for the University of Alabama fan accused of poisoning the Toomer’s Oaks wants to move the trial to Birmingham or another venue, arguing his client would be unable to receive a fair trial in Lee County.

Harvey A. Updyke Jr.’s attorney, Everett W. Wess, filed the change of venue motion in Lee County Circuit Court on Monday.

Lee County District Attorney Robbie Treese said he would likely file a counter motion after reading Wess’ filing.

“I expect we’ll oppose it,” Treese said.

Wess argues the intensity of the rivalry between Auburn University and Alabama, AU’s prominence in Lee County, local pretrial media coverage, along with concerns for his client’s safety, are compelling reasons to change the trial’s venue to Jefferson County or alternative locations in Madison or Mobile counties.

Treese said he expects any assessment of the potential bias among local jurors and subsequent decision on venue would occur when the court began the process of striking a jury.

Updyke’s trial is scheduled to start during the criminal court session beginning March 5, 2012.

Updyke, who pleaded not guilty, is charged with multiple counts of felony criminal mischief, misdemeanor desecration of a venerated object and felony unlawful damage, vandalism or theft of property from a farm animal or crop facility in connection with the alleged attack on the iconic oaks sometime after the 2010 Iron Bowl.

Updyke, who is free on bond, is scheduled to appear in court on Jan. 17 for a hearing on pending motions, including one by Wess to reduce the felony charges in the case to misdemeanors.