Attorney removed from Updyke's case, new trial date set - WTVM.com-Columbus, GA News Weather & Sports

Attorney removed from Updyke's case, new trial date set

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Harvey Updyke, 63, arriving in court with new attorney, Everett Wess of Birmingham, AL. Harvey Updyke, 63, arriving in court with new attorney, Everett Wess of Birmingham, AL.
Harvey Updyke at the Lee County Courthouse in Opelika, AL Thursday morning. Harvey Updyke at the Lee County Courthouse in Opelika, AL Thursday morning.
Attorney Glennon Threatt Jr. and Harvey Updyke are seen in this photo speaking to media. (Source: WBRC file) Attorney Glennon Threatt Jr. and Harvey Updyke are seen in this photo speaking to media. (Source: WBRC file)
OPELIKA, AL (WTVM/WBRC) -

Lee County Circuit Judge Jacob Walker has granted an attorney's request to be removed from the case involving accused Toomer's oaks poisoner Harvey Updyke.

Attorney Glennon Threatt requested to be removed from the case not long after Updyke called the Paul Finebaum show on September 28 to apologize to Auburn University fans.

[Read: Harvey Updyke apologizes to listeners on Paul Finebaum show]

Updyke's actions was against the counsel of his attorney, who advised him to not talk to media.

Attorney Threatt talked to News Leader 9 about the reason why he requested to be removed from the case. He told us that an attorney needs to have a relationship of trust with his client and when that relationship deteriorates "you feel that you are not helping the client anymore".

Threatt added Updyke was hurting efforts to strike a deal in the case."Then when we got to the point it was hurting the case. I advised him we are getting to the point where you are hurting our ability for potentially settling the case. You need to be quite." Threatt said.

Thursday Lee County Judge Jacob Walker named Birmingham attorney Everett Wess as Updyke's attorney."First my job is to get Harvey Updyke acquitted or get the charges dismissed." Wess said.

Wess has already filed a motion to drop the class C felony charge to a misdemeanor for poisoning the two live oak trees at Toomer's Corner."In our particular case we are talking about the value of trees. We have a specific statute that calls for $20 being paid to the victim of trees that are damaged or deadened." Wess said.

Wess is also working to get a deal where Updyke can possibly escape jail time.

In the meantime, Wess is also asking Updyke to keep his mouth shut and stay off of Finebaum. "I have talked to him and I've advised him to not talking to media outlets. Not talking to Paul Finebaum. He has assured me he is not going to be taking to any media." Wess said.

A motion hearing is now set for January 17th.  Lee County District Attorney Robert Treese agreed to the delay because of a heavy case load.

News Leader 9 will continue to bring you the latest developments in this case.


Previous stories

·  Updyke requests to set value of Toomer's oaks, state responds

·  Updyke seeks new counsel after attorney withdraws

·  Harvey Updyke apologizes to listeners on Paul Finebaum show

·  Harvey Updyke makes first public response since alleged attack

·  Toomer's Corner trees continue decline

·  Who is Harvey Updyke?

Copyright 2011 WTVM. All rights reserved. WBRC contributed to this report.

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