Like his client, Harvey Updyke’s attorney is a crap stirrer. He likes to stir crap. There was the attempt to have the felony charges reduced to misdemeanors by citing an old Alabama statue that would value the Toomer’s Oaks at $20 a piece. Then there were a couple of change of venue requests. Now Everett Wess has asked Lee County Circuit Judge Jacob A. Walker III to recuse himself in order remove any doubt that he might be All In against Harvey Updyke.
According to the OA-News, a motion Wess filed Friday asks Walker to disclose any soft spots for Auburn University–specifically the kind that might form if your friends or family members work there. He’s even asking that Walker turn over any records of visits to Auburn’s campus (crumpled ticket stubs? Traces of Spike 80Df on his shoes?)
That’s just good lawyerin’.
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Jack Teague says
Can’t have any bias in the trial of a bonafide celebrity…Bama fans flocked to have their pics made with him and autographs in New Orleans.
The attorney before this one tried to get Walker to recuse himself as well. Not. gonna. happen.
And it’s not a matter of being an Auburn fan. The attorney needs to worry as to whether Walker is a nature fan. A fan of the environment. If he shares concerns about the other plant life in the area around Toomer’s, as they all share the same root system as the oaks, after all.
The attorney needs to worry if Walker is a fan of Lee County. A fan of the City of Auburn, which was there before the University. Actually, the attorney needs to worry about his own credibility after agreeing to represent Harvey Updyke. And the attorney had better pray the EPA doesn’t step in…they probably have a great case for Environmental Terrorism. Not to mention that Spike 80 is a restricted pesticide.
Yeah, I think straw grasping isn’t the way to go…and one would think someone educated at Cumberland School of Law, Samford University would worry more about that.
Billy Bob says
If it were a tree any where else it would have been no big deal. If it had been anywhere else then he would not have done it. It’s unfortunate and stupid insanity as is much of the football fanaticism. Nobody was hurt but there’s a huge amount of emotional upheaval and the feelings of fans being personally violated. If I were a judge I would be deeply troubled on which way to go… whether to discount it because it is merely a couple of old trees or to punish as if it were a personal physical attack. My take on it is that the action is very much like he had done something to destroy a building… maybe even a part of a religious institution as that’s exactly how fanatics think when football or other sports become what they worship.
this is just the attorney covering his own a**. he knows the judge is not going to recuse. of course he has ties to auburn, he is a lee county judge. a tip – your not entitled to a judge or jury free of local affiliations. anytime you comitt a crime your likely going to be tried in the county where it occurred, and thus you will always have a judge and jury who have relations with those you have harmed.
also, no need to continue being polite about the situation to the other bama fans. Jack Teauge is right, they treated updyke like a celebrity (not an embarassment) in New Orleans, so they can all bear his shame as far as this tiger is concerned.
Billy Bob has his head up his ass. If these trees had been in ANY city or town that had nurtured them, cared for them, and thought of them as something historical and very significant to the local community, the same pursuit of justice would occur. Does it have something to do with with football? Hell yes it does. Does it have something to do with a man taking his grandfather’s ashes to Toomer’s Corner to be scattered because he was born and grew up in Auburn? Sure does. Does it have something to do with two people who met there by chance, fell in love, got married under the trees? You bet your it does.
Billy Bob is taking one aspect of the Toomer’s Corner oak trees and making it the lone reason the hallowed ground we’re talking about exists. Those trees mean a LOT more than just a place to go throw toilet paper into. Those trees are historical to the community of Auburn, with no regard to Auburn football. Those trees are the “roots” of Auburn and Opelika and, indeed, The Plains.
T. C. Nomel says
I’m all for reducing the possible reasons for an appeal.
Billy Bob and the rest of The Updikes are typically uneducated and circular in their thoughts which are rooted in their own idiocy. The trees will either live or die, but unfortunately, The Updike Nation will continue to plague this great state.
It’s a shame Updyke wasn’t behind bars so he’d miss his team’s trip to New Orleans. I’m all for justice and a fair trial but the length of time this is taking is getting ridiculous.