War Eagle Extra has moved!

You should be automatically redirected in 4 seconds. If not, visit
http://www.wareagleextra.com
and update your bookmarks.

Thursday, February 17, 2011

Updyke's court-appointed lawyer moves to withdraw as counsel, citing conflict of interest

The court-appointed attorney of Harvey Updyke, the man accused of poisoning Toomer's Corner oak trees, has moved to withdraw as counsel on the case.

Philip Tyler filed a motion in the District Court of Lee County on Thursday to be taken off the case, citing a "clear conflict" of interest.

Tyler's law firm currently represents Auburn University, the victim in the case. The motion also said Tyler was a former part-time professor at Auburn University and, as a resident in the city since 1988, has "numerous personal and family ties" to the school.

Updyke has been charged with criminal mischief, a Class C feloney, in relation to the tree poisonings but could face additional federal charges. He is being held on $50,000 bond.

Follow the blog on Twitter and Facebook.

11 comments:

postermom said...

The court-appointed attorney from "My Cousin Vinny" is probably available.
http://www.youtube.com/watch?v=1q7mjoxHzm4

easyedwin said...

Is F Lee Bailey alive?

ExKnightMike said...

F. Lee bailey wouldn't touch this one. By the time the EPA gets through charging Updike with "Environmental Terrorism" The guy won't see free daylight for 25 years or more.

easyedwin said...

Mike,
I wish you were right. However I am of the opinion that he will receive less than one [1] year and a $10,000 fine. The only way it could be more is if he were re-arrested on Federal counts.

Anonymous said...

Mike,
Eco-terrorism usually targets property of companies/organizations/people that are seen as harming the environment. This is just vandalism.

Anonymous said...

The real question is, who in the state won't be able to cite conflict of interest?

Daniel said...

Actually this happened in Texas a few years back, and the man charged with the crime received 9 years in jail..one could argue legal precedent

Anonymous said...

Legal precedent is a good argument, you just have to get over the jurisdictional barrier. The court in Alabama could say "that's Texas, not us." But, it's a good place to start.

Anonymous said...

What about damages from civil suits? Has that been considered yet from the thousands of fans who loose enjoyment of the trees? A class action lawsuit could keep the man in debt forever and any monies actually collected could be donated to the restoration/remediation/replacement effort?

Anonymous said...

Mike,
Eco-terrorism usually targets property of companies/organizations/people that are seen as harming the environment. This is just vandalism.

_______________

From what I hear talking to the horticulture department at AU, it sounds like worst case he could've killed the majority of the plants in the surounding areas

Anonymous said...

I say release him. He's actually safer locked up. ;^)