Updyke attorneys seek to push trial back - WTVM.com-Columbus, GA News Weather & Sports

Updyke attorneys seek to push trial back

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.

OPELIKA, Ala. (AP) - Attorneys for the man accused of poisoning two oak trees at Auburn's Toomer's Corner have asked for a continuance.

Documents posted online Thursday show that defense attorneys Everett Wess and Louis Willie III want the trial scheduled to begin March 5 pushed back because "we need additional time to prepare our witnesses for trial."

The 63-year-old Updyke has pleaded not guilty in Lee County Circuit Court to multiple counts of felony criminal mischief and other charges in connection with the damage of the iconic oaks traditionally rolled by Auburn fans celebrating wins.

Updyke is a longtime fan of rival Alabama.

Judge Jacob A. Walker III earlier ruled that he would not recuse himself, saying that Wess did not present evidence that Walker shows partiality toward the university.

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