Toomer's Corner Suspect Gets New Attorney

A Lee County judge has allowed an attorney for the University of Alabama fan accused of poisoning the Toomer’s Oaks to withdraw from the case.

Thursday morning, Lee County Circuit Court Judge Jacob A. Walker III granted a motion by Harvey A. Updyke Jr.’s attorney Glennon Threatt to withdraw.

“I’m not abandoning Harvey, I’m stepping aside to let him go forward,” Threatt said.

Threatt, the fourth attorney on the case, filed the motion after Updyke made an on-air apology on a Birmingham sports radio show Sept. 28. Threatt said he advised Updyke against the apology to Auburn fans for the hurt he had caused.

Threatt said he felt communication with his client had “broken down” over the past few months.

Updyke’s fifth attorney, Everett Wess, said he intends to remain on the case, saying his client had assured him he would follow his advice.

“I advised him not to talk to anyone about this case,” Wess said.

Wess said he advised his client against calling Paul Finebaum’s sports radio show, where he had preciously admitted to being "Al from Dadeville," the caller in January who took credit for the poisoning the trees.

Updyke Jr., 63, is charged with two felony counts of criminal mischief, two misdemeanor counts of desecrating a venerated object and two felony counts of unlawful damage, vandalism or theft of property from a farm animal or crop facility in connection with the alleged poisoning of the iconic oak trees at the northeast corner of the Auburn University campus sometime after the 2010 Iron Bowl.

Updyke’s trial date, originally scheduled for the November criminal session in Lee County, was delayed on Thursday. He is scheduled to appear in court Jan. 17 for a hearing on pending motions, including one to reduce the felony charges in the case to misdemeanors.

Wess filed the motion on Tuesday asking the criminal mischief charges and vandalism of a crop facility charges be reduced to misdemeanors, saying the value of the oaks did not meet the statutory requirements for felonies. State law sets the value of an oak tree at $20 and sets the property value requirement for felonies at $250 or more.

Wess said he may file future motions seeking dismissal of the crop facility vandalism charges.

The state filed a response Wednesday, arguing the trees’ importance to Auburn University traditions and the money spent by AU to save the trees — approximately $80,000 — made the felony charges appropriate.

The felony charges carry sentences of as much as 10 years in prison, while misdemeanors carry sentences of up to one year in prison.