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Outside the Lines "Toomers Corners"


Newbomb

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Had on HU's new attorney and he expects him to be charged with a new felony that can carry up to a 40 year sentence.  Missed the exact wording but something about a little known statute dealing with distruction of properrty on and Agricultural College?!?

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Good! I hope he rots away in there. His boyfriend is gonna love him long time.

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It would have to be a federal charge.  No state charge carries a maximum 40 year prison term.  The three felony levels in AL carry a maximum term of imprisonment of 10 years, 20 years, or life.  Of course, it could be some obscure state statute that doesn't follow the same protocol, but I highly doubt it.

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It would have to be a federal charge.  No state charge carries a maximum 40 year prison term.  The three felony levels in AL carry a maximum term of imprisonment of 10 years, 20 years, or life.  Of course, it could be some obscure state statute that doesn't follow the same protocol, but I highly doubt it.

Or 20 years for each tree. 

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the attorney said something like harming land on a land grant college or place that that could get him a longer sentence... if i remembered that correctly.

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Fact is I doubt a jury would put him aay for 40 years, plus the whole country would think we are crazy for putting a guy in prison that long for killing some trees. A couple of my "non football fans" who know nothing about Toomers thought it would be ridiculous to make it 10 years.

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The guy is 62. He more than likely couldn't serve more than 10-15. With that said I'm still thinking at least a 20 year sentence with the criminal mischief and the other charge(s) he will get.

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The judge sets the sentence, not the jury. The jury decides what he's guilty of. I'm not an attorney but I deal with them a lot, and I did stay at a Holiday Inn in Dadeville last night.

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Here is the link to the transcripts of the show and the important part:

http://www.livedash.com/transcript/outside_the_lines_first_report/33/ESPN/Thursday_February_24_2011/564723/

00:12:44 It is my understanding that they are contemplating charging him with yet another felony which could expose him to 20, 30, maybe even 40 years depending on how they break the counts down and how the grand jury treats the defense conduct.

00:12:56 >> What would that felony be?

00:12:58 >> It would be criminal mischief.

00:13:00 And there is another criminal mischief statute, a little-known statute.

00:13:05 I didn't know about it and i practiced for many years, having to do with damaging something on an agricultural institution.

There will also be federal charges for the improper use of the chemicals

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Guest LadyVader
can carry up to a 40 year sentence

Good. Whatever sentence he receives, I would love for the 4 walls of his cell to have AU related scenes from the ceiling to the floor.  Wall 1:  Big Cam Newton smile w/ the Heisman Trophy.  Wall 2:  The scoreboard from the Iron Bowl.  Wall 3:  The emblem, Auburn Tigers 2010 National Champions.  Wall 4:  The Auburn Creed.  These would be the only things he would be allowed to view. 

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My favorite part of the show was when Bob Ley was trying to get the guest to admit that Harvery isn't alone in the bumma nation with his beliefs. Finebaum actually pretty much said that Harvey is a fine example of ALL bumma fans!!! It was great! Actually like PF a little more today.  :-X

00:15:35 With that as prelude, let me begin first with paul and ask is this defendant, harvey updyke, is he an outliar or does he represent a critical mass of something here? 

00:15:51 >> The conventional wisdom among many people is that he is an outliar. 

00:15:56 But I don't think he is. 

00:15:58 He's an alabama fan through and through. 

00:16:00 40 Years ago he ran on the field at the blue bonnet bowl with a tide box and toilet paper. 

00:16:06 He loves alabama football. 

00:16:07 That's his entire life. 

00:16:08 He has an alabama tattoo. 

00:16:10 As much as the people in tuscaloosa want to say we don't know this guy, he's not a season ticket holder, he went to the national championship game at the rose bowl, he went to the iron bowl to say he's not an alabama fan is not being honest. 

00:16:25 >> So, chris, where does he fall? 

00:16:27 If he's on a lunatic fringe, if guilty as charged? 

00:16:32 These are allegations. 

00:16:33 Or is he close to a center of something? 

00:16:36 >> I don't think he's close to a center of something. 

00:16:38 But the passions here run incredibly, incredibly deep to sit there and say, you know, there's a part of alabama fans that don't feel this way would just be naive. 

00:16:49 Because that is the way it is. 

:wareagle:

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Some people get convicted of murder and spend less than 10 years in jail....

I hate alabama as much as anyone here, trust me, but he needs a punishment relevant to the level of the crime.  I hope he ends up in prison, but he didn't run around toomers corner shooting at people. 

If an Auburn fan had melted the Bahr statue down to a puddle, I'd hope they didn't serve a day.  Its just my kool aid colored glasses.

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Guys, seriously.  What the guy did was heinous.  But we're talking about years from a person's life.  If he does 18 months, I'd consider that a very serious penalty.

I agree there's no reason to go overboard -- but at the same time I bet I could find a thousand bama fans who would willingly spend 18 months in prison to do something like this.  They may need to send a message.

I'm still not so sure this guy shouldn't end up in a mental hospital, though.

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I'll offer 5 years, serve one year State Prison with four years probation, $100,000 fine and be forced to clean the toliet paper off all Toomer's trees by hand after each win... :thumbsup:     

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A good Alabama Alum friend of mine made a similar suggestion.  I told him we did not want that man anywhere near our campus.  I like the idea of community service.  It will do not good to put an old foolish man in prison esp. since he had once been in law inforcement.  Hard labor and community service is another thing.

He could plant trees in Talladega National Forest for 10 years.

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sentence for the crime needs to be very severe to prevent fans from either AL or AU from destruction of each others property in the future-if these trees die it will likely be in excess of a million dollars plus to clean up the site and we all know Al w/ his Kia can't afford to pay for that

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Lets see two years in prision with 10 years probation planting trees all over the state, while wearing  an ornge and blue jumpsuit, and  listening to 2010 replay of the Iron Bowl. Never to see or hear a UA game again. That would make me happy.

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