Updyke Attorney Asks Judge to Recuse Himself

The attorney for Harvey A. Updyke Jr., the man accused of poisoning the Toomer’s Oaks, has requested the judge in the case to recuse himself, citing possible ties to Auburn University.

In a motion filed Friday night, attorney Everett W. Wess asked Lee County Circuit Judge Jacob A. Walker III to disclose any ties to Auburn University, including family or friends employed by AU and any available records of visits to campus. Wess concluded his motion, saying Walker’s recusal in the case would remove any doubts about bias during a trial that Wess writes “seems certain.”

Updyke’s trial is scheduled for the Lee County criminal court session beginning March 5.

Updyke, 63, pleaded not guilty to 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 poisoning of the oaks with the potent herbicide Spike 80DF sometime after the 2010 Iron Bowl football game.

Updyke is scheduled to appear in court Tuesday for a hearing on pending motions by the defense, including one to reduce the felony charges in the case to misdemeanors and another to move the trial out of Lee County.

Wess filed a change of venue motion on Nov. 14, arguing his client’s trial should be outside of Lee County, possibly in Jefferson, Madison or Mobile counties.

Updyke remains free on bond and living in Louisiana with family.