Updyke trial to start this week, jury selection begins Tues. - WTVM.com-Columbus, GA News Weather & Sports

Harvey Updyke trial to start this week, jury selection begins Tues.

The Alabama fan accused of poisoning Auburn's Toomer Oaks may face a jury this week in Lee County.

Jury selection in Harvey Updyke's trial is expected to begin Tuesday.  Monday, Updyke and his wife Elva arrived at the Lee County Justice Center for a deposition of an analyst who tests soil samples.

Lawyer, Everett Wess, said Updyke is not doing well physically but wants the trial to go forward. 

Updyke, 63, appeared in court alongside his attorney, but his health may affect his ability to participate in court, according to a notice filed by his defense attorneys last Friday. 

Doctors indicated Updyke needs a neurological exam due to "passing out spells." He suffers from diabetes which is poorly controlled, according to the document. The prosecution has not commented on the notice.

The Crimson Tide fan allegedly poured an herbicide, called Spike80DF, on the trees the weekend after Auburn beat Alabama in the 2010 Iron Bowl.

Updyke is facing 6 federal charges including criminal mischief and desecration of a venerated object. The defense is challenging the value of the oaks and their status of venerated objects. Judge Jacob Walker says these concerns will be addressed during the proceeding.

Auburn says it has spent $80,000 trying to save the trees while the defense argues the damage to the oaks was $40.

If convicted, Updyke, could get up to 42 years in prison.

Copyright 2012 WXTX  All rights reserved. 

  • Trending StoriesTrending StoriesMore>>

  • Parents make heartbreaking decision over son with autism

    Parents make heartbreaking decision over son with autism

    Wednesday, May 24 2017 11:10 AM EDT2017-05-24 15:10:16 GMT
    KMOV has chosen not to identify him by name or show pictures of what he currently looks like. (Credit: Wallens)KMOV has chosen not to identify him by name or show pictures of what he currently looks like. (Credit: Wallens)

    A parent's love knows no bounds. But what happens when you truly believe your child is going to harm himself or someone else? One family tells News 4 they made a heartbreaking decision about their son with autism, all because they felt they had no other options. 

    More >>

    A parent's love knows no bounds. But what happens when you truly believe your child is going to harm himself or someone else? One family tells News 4 they made a heartbreaking decision about their son with autism, all because they felt they had no other options. 

    More >>
  • Breaking

    Kirbyville High School principal resigns, then shoots, kills self in parking lot

    Kirbyville High School principal resigns, then shoots, kills self in parking lot

    Wednesday, May 24 2017 11:31 AM EDT2017-05-24 15:31:33 GMT

    Following his resignation Tuesday afternoon, the principal of Kirbyville High School walked out his truck, where he apparently shot and killed himself, according to police.

    More >>

    Following his resignation Tuesday afternoon, the principal of Kirbyville High School walked out his truck, where he apparently shot and killed himself, according to police.

    More >>
  • Playboy model pleads no contest for post of nude woman

    Playboy model pleads no contest for post of nude woman

    Wednesday, May 24 2017 3:46 PM EDT2017-05-24 19:46:14 GMT
    Wednesday, May 24 2017 3:46 PM EDT2017-05-24 19:46:14 GMT

    A Playboy centerfold who snapped a photo of a naked 71-year-old woman in a gym locker room and posted it on social media with insults about the woman's body is expected to appear in court to resolve a criminal...

    More >>

    A Playboy centerfold who snapped a photo of a naked 71-year-old woman in a gym locker room and posted it on social media with insults about the woman's body is expected to appear in court to resolve a criminal charge in Los Angeles.

    More >>
Powered by Frankly