Updyke Trial

[AUChizad]

As you may know, the Updyke trial has been going on this week.

Interestingly, the Auburn Plainsmen got Updyke to confess. What a tard.

http://theplainsman.com/view/full_story/19040803/article-Updyke-confesses-to-Plainsman---Did-I-do-it--Yes-?instance=home_news_1st_right

Updyke confesses to Plainsman: 'Did I do it? Yes.'
by Andrew Yawn / COMMUNITY EDITOR
15 hrs ago
Updyke confessed his guilt Tuesday at the Lee County Justice Center during a recess of the jury selection for his upcoming trial.

(Editor's note: The Plainsman community editor Andrew Yawn approached Harvey Updyke at the Lee County Justice Center in Opelika on Tuesday, June 19, following the first round of jury selection in regard to Updyke's apparent health issues. After Yawn identified himself as a Plainsman reporter, Updyke voluntarily spoke candidly about the charges he is facing.)

It didn’t happen on a stand, in a courthouse, before a judge or in front of a jury of his peers: Harvey Updyke admitted his guilt before the trial even began.

He had the ability to decline comment, to wait until the trial, to not say anything at all, and yet the same candor that broke his story on The Paul Finebaum Show in January 2011 revealed itself again on Tuesday, June 19.

“Did I do it? Yes,” Updyke said outside of an elevator on the second floor of the Lee County Justice Center in Opelika.

Updyke pleaded innocent to several counts of desecration of a venerated object, first-degree criminal mischief and unlawful damage or vandalism of a crop facility after he allegedly poisoned the Toomer’s Oaks with Spike 80DF, a powerful herbicide, after the 2010 Iron Bowl.

Updyke appeared to have some difficulty breathing while attending the jury selection for his upcoming trial and while Judge Jacob Walker read the charges filed against him aloud.

Updyke acknowledged the trial was already sapping his fading strength when approached about his health concerns.

“I thought I was going to pass out all morning,” Updyke said.

His wife, Elva Updyke, said she had doubts about how he would fare throughout the trial.

“I guarantee he won’t last the trial without something happening,” Elva said.

Updyke said he has lost 62 pounds since his arrest and is currently taking 18 different medications for a variety of ailments.

But Updyke didn’t stop there.

As he and his wife stood by the window on the second floor of the Justice Center, a seemingly remorseful Updyke opened up about the crime that fanned the flames of one of the most heated rivalries in sports history.

Before his trial began and before his jury was even selected, Updyke convicted himself by admitting to poisoning one of Auburn’s most iconic landmarks.

Updyke also said his lawyer, Everett Wess, would probably drop him if he found out he was speaking about the case.

Why he decided to admit his guilt may remain unknown. However, Updyke had seemingly already resigned himself his fate.

“They’re going to find me guilty… it’s a done deal,” Updyke said. “I don’t think I’m going to get a fair trial.”

Elva also said Judge Walker refused to excuse a juror during the questioning of potential jurors Tuesday morning after she said she “probably couldn’t” remain impartial.

In addition, when asked if they had heard or read about Updyke’s alleged crimes, almost all of the candidates raised their hands, with approximately seven of the 85 being employed by Auburn University.

Updyke also said he was not alone in poisoning the oaks. However, he declined to reveal his accomplice’s name.

“There’s a lot of stuff that’s not going to come out,” he said.

For Updyke, the blame and the guilt are solely his to bear.

“Do you ever wake up in the middle of the night and just wish that you hadn’t done something?” Updyke said.

Despite his contrition, the attempted killing of the approximately 131-year-old trees attacked the roots of one of Auburn’s oldest traditions.

And yet, Updyke did not come out unscathed.

Like the trees, the damage for Updyke is already done.

“It’s ruined my life,” Updyke said. “I’ve got a daughter that won’t even talk to me now.”

As for the oaks, uncertainties abound as the trees’ ability to recover remains unknown.

While Auburn’s citizens hope to see new foliage sprout soon from the historic branches, Updyke may now be the trees’ most ardent supporter.

“I hope they live,” Updyke said.

[AU_Tiger_2000]

“Did I do it? Yes,” Updyke said outside of an elevator on the second floor of the Lee County Justice Center in Opelika.

Updyke pleaded innocent to several counts of desecration of a venerated object, first-degree criminal mischief and unlawful damage or vandalism of a crop facility after he allegedly poisoned the Toomer’s Oaks with Spike 80DF, a powerful herbicide, after the 2010 Iron Bowl.

Updyke convicted himself by admitting to poisoning one of Auburn’s most iconic landmarks.

Updyke also said his lawyer, Everett Wess, would probably drop him if he found out he was speaking about the case.



“They’re going to find me guilty… it’s a done deal,” Updyke said. “I don’t think I’m going to get a fair trial.”

Is this man retarded?

I did it, but I'm innocent.  And even though I admit that I'm guilty I'm going to be found guilty because I can't get a fair trial.  Really?

[wesfau2]

I'm guessing that his daughter won't speak to him because the dipshit named her Crimson Tyde.

[bottomfeeder]

It's evident that this trial isn't about guilt or innocence, but more about what to do with the idiot. I suggest an IV push with Spike 80DF concentrations of no less than 1500ppm.

[GH2001]

“They’re going to find me guilty… it’s a done deal,” Updyke said. “I don’t think I’m going to get a fair trial.”

He tries to paint a picture here that a guilty verdict is a trial that isn't fair. When in reality, a guilty verdict is a fair trial in this case. They are not mutually exclusive even though he tries to frame it as such.

[Townhallsavoy]

Is this man retarded?

He thought that poisoning trees would somehow benefit a university he never attended.

Yes.  He's retarded. 

[GH2001]

He thought that poisoning trees would somehow benefit a university he never attended.

Yes.  He's retarded.

Here's what is sad: he used to be a State Trooper. He had a gun and the authority to use it. Scary thought for someone with his frame of mind.

[Townhallsavoy]

Here's what is sad: he used to be a State Trooper. He had a gun and the authority to use it. Scary thought for someone with his frame of mind.

Yep.

He could have easily thought - "Auburn is nothing without Cam Newton.  Maybe instead of poisoning these threes, I'll shoot him and ruin Auburn's hopes of winning a national title."

[The Prowler]

He's trying to draw out the trail as much as possible, now they've asked the journalist from the Plainsman to take the stand and answer some questions (taking time away from the actual case). The Judge also ordered a ”gag order” on any involved in the case...now they're going to have to comb through the jury pool again, due to that article.  Btw, updyke isn't going to be quiet about the trail, he'll keep talking. What's the worse that could happen.

[dallaswareagle]

Yep.

He could have easily thought - "Auburn is nothing without Cam Newton.  Maybe instead of poisoning these threes, I'll shoot him and ruin Auburn's hopes of winning a national title."

He prolly still thinks that. 

[djsimp]

http://www.wsfa.com/story/18835464/2012/06/20/tree-poisoning-case-may-be-stalled-after-newspaper-article-surfaces

[JR4AU]

Can't see this stalling the trial.  Updyke did it himself.  Call the reporter as a witness, and drive on. 

[GH2001]

Can't see this stalling the trial.  Updyke did it himself.  Call the reporter as a witness, and drive on.

Whether it does or not, he is trying to turn this into a circus.

[JR4AU]

Whether it does or not, he is trying to turn this into a circus.

To his own detriment.

[Tiger Wench]

Gotta ask you barrister types:

He has pled not guilty by reason of mental disease or defect.  Is that not the same as saying "I did it, but I am fucked in the head, so I should not be held accountable"?

If you think you are innocent, then plead "not guilty".  How mentally fucked up you are should not be an issue at that point if you are innocent.

To me, that choice of plea is an admission of guilt, with an attempt to mitigate punishment by claiming you are brain damaged.

Yes?  No? 

[GH2001]

To his own detriment.

I think people have seen it work in high profile cases enough to think it has some effect.

[JR4AU]

Gotta ask you barrister types:

He has pled not guilty by reason of mental disease or defect.  Is that not the same as saying "I did it, but I am fucked in the head, so I should not be held accountable"?

If you think you are innocent, then plead "not guilty".  How mentally fucked up you are should not be an issue at that point if you are innocent.

To me, that choice of plea is an admission of guilt, with an attempt to mitigate punishment by claiming you are brain damaged.

Yes?  No?

You can plead both Not Guilty, and Not Guilty by reason of mental disease or defect.  In either case, the state has to prove their case beyond a reasonable doubt first.  If they can, you bring on the experts to say you were crazy.  If they don't, or you think they didn't then you don't have to put on your crazy defense.

[JR4AU]

I think people have seen it work in high profile cases enough to think it has some effect.

There are some dumbasses that simply enjoy the show, and the attention, or they think their antics will delay the inevitable.  Judges/Attorneys/DAs are experienced in all the tricks, and Updyke isn't bringing any new game.  Updyke has mental issues in my layman's opinion.  Not the kind that would come anywhere near mounting a successful NGRI defense, but he's a nut job to say the least. 

Oh, and when I hear the name Elva Updyke, visions of trailers and redwood decks come to mind.

[Saniflush]

There are some dumbasses that simply enjoy the show, and the attention, or they think their antics will delay the inevitable.  Judges/Attorneys/DAs are experienced in all the tricks, and Updyke isn't bringing any new game.  Updyke has mental issues in my layman's opinion.  Not the kind that would come anywhere near mounting a successful NGRI defense, but he's a nut job to say the least. 

Oh, and when I hear the name Elva Updyke, visions of trailers and redwood decks come to mind.

He's just too full of bama.

[wesfau2]

NGRI defense

Is you, or is you ain't, my constituency?