UpDyke Trial on Hold......"Fair Trial Not Possible" per Judge Walker

[Elephant Tipper 430]

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

http://www.al.com/sports/index.ssf/2012/06/auburn_student_newspaper_says.html

On the bright side for UpDyke he's lost 62 pounds from all the stress he's caused himself.   

http://www.al.com/sports/index.ssf/2012/06/judge_puts_harvey_updyke_trial.html

[WarEagle10 77]

He knows he will be found guilty. He even admitted that if his lawyer found out he was talking to that reporter, his  lawyer would probably drop him. That is exactly what he wants. Just another stall tactic.

[dpwspringer 0]

He knows he will be found guilty. He even admitted that if his lawyer found out he was talking to that reporter, his  lawyer would probably drop him. That is exactly what he wants. Just another stall tactic.

Could be.  I think he goes from 'being to full of bammer' to 'playing the system'.  He was in law enforcement so he is not naive.

[Stripe 5]

I'm tired of hearing him complain about not getting a fair trial. I don't think there is a person in the US that hasn't herd about his misdeeds. It was on every news broadcast, paper, news and sports magazine, Internet news and sports site, radio station you could think of. You would have to be dead to not have herd about it. Even the non football liking people I work with we're asking me about the trees and Updyke. This dude marked his own grave with every pour of poison and his boisterous phone call. He shouldn't even be getting a trial. Straight to jail for him.

I'm also sick of reporters saying he made an apology to Auburn fans when all he did was apologize to Bammers and almost admit guilt. Apology my ass.

Fakeing sick isn't going to get him leniency either.

[SuperNova 0]

Chumpdyke is going to try to stall this all the way thru football season so he will not miss out on going to any games. I am sure some bama fan(s) have giving him free tickets to all the games. He is Alabama's mascot after all.

[Dan1962 0]

I'm tired of hearing him complain about not getting a fair trial. I don't think there is a person in the US that hasn't herd about his misdeeds. It was on every news broadcast, paper, news and sports magazine, Internet news and sports site, radio station you could think of. You would have to be dead to not have herd about it. Even the non football liking people I work with we're asking me about the trees and Updyke. This dude marked his own grave with every pour of poison and his boisterous phone call. He shouldn't even be getting a trial. Straight to jail for him.

I'm also sick of reporters saying he made an apology to Auburn fans when all he did was apologize to Bammers and almost admit guilt. Apology my ass.

Faking sick isn't going to get him leniency either.

I agree 110 % sick of it also.

[Stripe 5]

:-\

[Dan1962 0]

2 more points here:  He was not to sick to be in New Orleans in Jan and on the turds campus to watch a softball he was taken away from.

All this is a pile of bs being put on by his lawyer / attorney...............

[Stripe 5]

He's just trying to get more time before he gets put in jail. If he has to get a new lawyer his time in court is delayed. He's still crying about not getting a fair trial and trying to get it moved. Thats not happening either. Same ole story. He figured that he could talk to a reporter and get dumped by his lawyer giving him more time. he knows his butt is toast.

[Dan1962 0]

I agree with everything you are saying  :-\

[aucpe 0]

If they would hold him without bond until his trial, I bet he would start cooperating without these ridiculous antics.

[Elephant Tipper 430]

"Judge puts Harvey Updyke trial on hold, says jury pool tainted and fair trial not possible"

http://www.al.com/sports/index.ssf/2012/06/judge_puts_harvey_updyke_trial.html

[WarEagle10 77]

"Judge puts Harvey Updyke trial on hold, says jury pool tainted and fair trial not possible"

http://www.al.com/sports/index.ssf/2012/06/judge_puts_harvey_updyke_trial.html

That SOB is going to never do a day in jail I am afraid.

[dpwspringer 0]

"Judge puts Harvey Updyke trial on hold, says jury pool tainted and fair trial not possible"

http://www.al.com/sports/index.ssf/2012/06/judge_puts_harvey_updyke_trial.html

The judge let old Harvey make a fool out of him, the jury pool is tainted because of Harvey's own actions.  But that would not keep him from getting a fair trial.  His confessions make the verdict predisposed and if the judge allows him to play the system by pleading not guilty in court while saying he is guilty out of court... well like I said, the judge let old Harvey make a fool out of him.  The judge should have went forward with the trial and then thrown the book at him at sentencing for acting like he has.  He should not reward old Harvey for trying to play the system.

[Stripe 5]

"Judge puts Harvey Updyke trial on hold, says jury pool tainted and fair trial not possible"

http://www.al.com/sports/index.ssf/2012/06/judge_puts_harvey_updyke_trial.html

That SOB is going to never do a day in jail I am afraid.

Like I already said, Show me someone who hasn't heard about this idiots antics. He's getting what he wants longer time out of jail. Bammer Slime!

[Iron_chin_chiz 0]

I don't think he will see a day in jail as well. Our legal system is too soft on some things and too harsh on others. Nothing is perfect, but it will be a huge injustice if updouche doesn't do some time. If he gets off without jail time, I could see some crazy Auburn fan going after this guy. Can't say I would intervene or call 9-11 if I happened to see.

[rockfordpi 91]

I don't think he will see a day in jail as well. Our legal system is too soft on some things and too harsh on others. Nothing is perfect, but it will be a huge injustice if updouche doesn't do some time. If he gets off without jail time, I could see some crazy Auburn fan going after this guy. Can't say I would intervene or call 9-11 if I happened to see.

I think he will do Jail time, not sure how much. I also think he will get a trial in a new venue.

If he or his lawyer were smart enough to use that confession to taint the jury pool, that was a pretty shrewd move buy one of them. It was either brillance or just dumb ignorant luck, I could be wrong, but my guess is the latter.

Reminds me of the New Coke Fiasco years ago.

[keesler 5,934]

I don't think he will see a day in jail as well. Our legal system is too soft on some things and too harsh on others. Nothing is perfect, but it will be a huge injustice if updouche doesn't do some time. If he gets off without jail time, I could see some crazy Auburn fan going after this guy. Can't say I would intervene or call 9-11 if I happened to see.

I think he will do Jail time, not sure how much. I also think he will get a trial in a new venue.

If he or his lawyer were smart enough to use that confession to taint the jury pool, that was a pretty shrewd move buy one of them. It was either brillance or just dumb ignorant luck, I could be wrong, but my guess is the latter.

Reminds me of the New Coke Fiasco years ago.

You don't get lucky like that.  That was a ploy by his atty, period. 

The AU Student Newspaper/journalist publishes the confession and BAM! the jury pool is tainted and the trial delayed even further.  Now that this crap has happened I bet the atty petitions the court again for a change of venue, and it will more than likely be granted.

IMO, the judge is in over his head with this one.  He should have put a gag order on all the fools involved and this little mishap wouldn't have happened.

Honestly, who in the jury pool reads the dang AU student newspaper?  (Of course the article did hit the inerwebs with speed.)

[SuperNova 0]

Sounds like Updyke's attorney is using the Chewbacca defense.

[auburn4ever 1,266]

"The defense is claiming it's poisoned the jury pool when they themselves are the source of the poison,"

[Pawmaw 0]

Anyone else feel that this was a last ditch effort by his lawyers to get a change of venue. I am no lawyer by any means, but it seems like he was told to confess to an Auburn Plainsman reporter then deny it. His confession (or should I say his 3rd confession) just seemed to come at the right time to the right person to benifit his lawyers claim that he would not get a fair trail.  If my hypothesis is true, hats off to his lawyers for working the system.

"The jury pool for the Harvey Updyke case is so tainted by news and gossip that it would be impossible for the man accused of poisoning the Toomer's Corner trees to get a fair trial, a judge ruled this morning."

War Eagle!

[SuperNova 0]

Sounds like Updyke found an attorney he could reason with and did not confuse him with logical reasoning.

[Elephant Tipper 430]

I don't think he will see a day in jail as well. Our legal system is too soft on some things and too harsh on others. Nothing is perfect, but it will be a huge injustice if updouche doesn't do some time. If he gets off without jail time, I could see some crazy Auburn fan going after this guy. Can't say I would intervene or call 9-11 if I happened to see.

I think he will do Jail time, not sure how much. I also think he will get a trial in a new venue.

If he or his lawyer were smart enough to use that confession to taint the jury pool, that was a pretty shrewd move buy one of them. It was either brillance or just dumb ignorant luck, I could be wrong, but my guess is the latter.

Reminds me of the New Coke Fiasco years ago.

Doubt it was luck that his confession bore good fruit.  Remember, UpDyke is a former law enforcement officer and would be aware of advantageous opportunities when presented, especially when told by his attorney "what not to do".  He probably has seen such trickery used often in Texas while in law enforcement and knew who he would attempt to use beforehand to execute his stunt.  I would feel confident they mapped out a strategy that would necessitate a change in venue, and this was the first try.....and successful.

UpDyke WILL serve some prison time, I'm fairly confident.  A year and a day is my guess.  His confession to PF will sink him because of its specificity and hatred.  What will be worse for him is the financial judgment though.  He's broke, on his third marriage, in poor health and living at the generosity of others, ie., not gainfully employed, unless his wife is picking up the slack, and she will tire of that eventually.  Remember, she didn't want her children's names sullied with Bama nicknames and she's probably wearing thin from the emotional and financial stresses he's brought her.

People like him end up dragging others down into their misery.......unless they wise up and move on.

   

[auburn4ever 1,266]

Hs lawyer is also saying that Updyke is stable enough to go through this due to his many health problems.

[Wareagletd 0]

Can someone translate? I can't understand idiot.