Blog Entry

Third time isn't the charm for Updyke

Posted on: February 22, 2011 4:36 pm
Posted by Tom Fornelli

Okay, this is getting ridiculous. Earlier on Tuesday afternoon I wrote about Jerry Hauser. Hauser was the second lawyer in a matter of days who had been assigned to defend Harvey Updyke against the mischief charges he faces for poisoning the trees at Auburn's Toomer's Corner to ask off the case. Now, merely a few hours later, Updyke has been assigned a third lawyer.

A third lawyer who has already asked off the case.
Jerry M. Blevins, who was assigned the case Tuesday morning, filed a motion Tuesday afternoon asking to be removed from the case. He's the third defense attorney to ask to be removed.
Blevins also asked the District Court in Lee County to delay a March 2 preliminary hearing that was assigned by the court Tuesday.
Blevins, in court papers, said he asked to be removed because an "irreconcilable conflict arose" between he and Updyke.
What was the irreconcilable conflict? It doesn't say, but given the recent history here, I'm guessing Blevins' cousin knows a guy who once dated a girl who saw an Auburn football game on television, and the wound from that failed relationship is just too fresh for Blevins to handle this case.

Seriously, at this point, I'll be Updyke's lawyer. I have never studied law, and I've never even seen a scene from Law and Order, but I do know enough that being charged with first degree mischief* isn't exactly a jailable offense. I'd just stand in front of the jury, say my client already admitted he committed the crime on a radio station, and tell them to give him community service and probation.

There.  Problem solved, case over, and we all move on with our lives.

*By the way, imagine if you did go to prison for mischief. You're sitting in your cell with your new bunkmate, an arsonist who killed an entire family in a fire he started, and he asks you what you did to get in there. "Mischief." I bet the rest of the prisoners would be terrified of you!

Since: Mar 23, 2011
Posted on: March 29, 2011 3:31 pm

Third time isn't the charm for Updyke

Thats like saying ripping up a piece of paper is no big deal, but the "piece of paper" is an original signed copy of the Declaration of Independance...

Since: Sep 15, 2006
Posted on: February 28, 2011 11:55 am

Third time isn't the charm for Updyke

Well Mischief in the first degree is a class C felony in Alabama.  So the penalties can be steep.  Idiot got himself in more trouble than he realized.

The standard sentence for a Class C felony is a minimum of one year plus one day and a maximum of 10 years.
Also he is looking at being sentenced to pay a fine of up to $15,000, as well as restitution that covers damages and expenses and will have to pay a 30% surcharge to the court.

Although I can't really see him being sentenced for poisioning some damn trees the option is available to the judge.

Since: Feb 11, 2008
Posted on: February 23, 2011 10:40 am

Third time isn't the charm for Updyke

lawyers may want off the case because he is lying to them too.  If he wants to pursue a course of action that requires putting him on stand where he will lie or he is not honest with his lawyers they cannot have a working relationship.  LAwyers ask to be let go all the time for these things.  They are even required to do so if the client is asking them to put him on stand where he will commit perjury.  This seems likely since he is denying putting the poison in the ground

Since: Feb 11, 2008
Posted on: February 23, 2011 10:38 am

Third time isn't the charm for Updyke

haha wow is it too much to ask to some extremely basic research?  is this an article?  pretty much every story covering this has mentioned the 1-10 year imprisonment he is facing for 1st degree criminal mischief.  He could have even gone the extra mile and looked up the statute...  There is a crime called mayhem and it is pretty serious too even if the name seems odd.

Since: Nov 19, 2006
Posted on: February 23, 2011 10:35 am

Third time isn't the charm for Updyke

O.K.  The guy is a complete and totale scumbag.  You know it.  I know it.  Every person in Alabama knows it.  The fact remains that Alabama is still part of the United States, and in this country, every person is entitled to a fair trial.  The guy cannot even enter a plea of"Guilty" without legal representation.  It is time for all of these "I love Auburn" attorneys in Lee County to knock this crap off and defend the man.  The trial, if it even goes that far, should take two days.  Maybe three at the most.  Now I know that there is not a lot to do in that part of the world, expecially entertainment wise, but it is time this circus moved on.

Since: Sep 14, 2006
Posted on: February 22, 2011 11:10 pm

Third time isn't the charm for Updyke

Yawn... is this really a story? Stupid tree was poisoned. We just had a rough winter in DC... lots of trees get cut down. I have about a dozen trees on my property that I need someone to poison and cut down for me. So what? Bunch of freaking tree-huggers! Yeah, I get it that it's an old tree... it's still a freaking tree! Plant another one and move on.

Since: Oct 10, 2008
Posted on: February 22, 2011 10:16 pm

Third time isn't the charm for Updyke

Tom Fornelli - From what I have read from an article that did a comparison of this crime with similar crimes, Updyke will probably get one year in minimum custody and probation upon his release.  I don't think that will be enough but that is my guess.  I do agree that I would not want to be his lawyer, that is a no win situation for the lawyer.

Since: Mar 14, 2007
Posted on: February 22, 2011 8:51 pm

Third time isn't the charm for Updyke

Fornelli- you forgot to add something after this--"community service and probation" something about paying the value of the trees- some estimate historical trees of that age are valued in the 6 figures.  The wacko needs to do tens of thousand hours of Community service for this one, maybe clean the stadium each week for life and scrub ALL the toilets on the campus daily (6 times) work 22 hours a day, rename his kids and wear a I lve Auburn shirt and diaper etc.

Since: Jan 4, 2011
Posted on: February 22, 2011 8:48 pm

Third time isn't the charm for Updyke

as a lee county defense attorney, i would be looking for any reason to get off of the case too.  the next lawyer in line is probably looking for reasons as we blog.  any lawyer worth their salt looks to branch out and create their own firm.  business would be bad for them if they got the guy off.  UofM, i agree.  he will probably get an extremely light sentence and this will anger AU fans.  i live in a neighboring county, and it's amazing just what people down here say about the guy and people involved with UA.  if i'm a lawyer looking to get this man off, i would be planning on moving to a different region.  personally, i think he deserves worse than he will get

Since: Jan 19, 2008
Posted on: February 22, 2011 8:04 pm

Third time isn't the charm for Updyke

What have they put in the water down in Auburn? (besides Herbicides) Guantanamo bay? serious time? are you joking? There is people driving drunk and killing people doing 30 days! This guy will do maybe some jail time,(not likely) pay fines and a ton of community service. Sorry Auburn thats about it. Maybe  Maybe you guys should put more money into your Law program and less into your Vet school(and quarterbacks) and you guys will better understand law and how it really works. More than likely he pleads down to a misdemeanor gets community service and probation, plus some stupid anger management class and therapy.

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