Hearing to address Updyke restitution

Published 4:17pm Monday, July 22, 2013

The man who pleaded guilty to poisoning the famous landmark oak trees on Auburn University’s campus is now trying to avoid owing the university more than $1 million.
Lee County Circuit Court Judge Jacob Walker III set a Sept. 18 hearing date on Thursday for Harvey Updyke Jr. at the Elmore County Judicial Complex in Wetumpka to discuss the pending restitution owed to the state.
Updyke pleaded guilty to one count of unlawful damage to animal or crop facility in March, and now the state seeks restitution totaling $1.042 million.
Updyke is the infamous Al from Dadeville who called into the Paul Finebaum Show to admit poisoning the famous Toomer’s Oaks on the university’s campus.
Updyke’s attorneys Andrew Stanley and Margaret Young Brown have objected to the amount, calling it “unduly excessive, burdensome and will result in unjust enrichment for the victim, Auburn University,” in their June 12 response.
The amount of the restitution allegedly was determined based on the expenses incurred by the university since they were poisoned after the 2010 Iron Bowl.
The request says the amount doubled because it is required by Alabama law of anyone convicted of animal or crop damage.
Updyke supposedly will not be attending the hearing on Sept. 18, according to a previous statement by Stanley.

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