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

[around4ever 4,139]

Or maybe Judge Walker has REC connections.  :-\

[aub4life 33]

He 'confessed' knowing the judge would have no other choice than the one he made.

He is going to absolutely get away with poisoning the Toomer's Oaks.

He is costing the taxpayers a fortune.

He is living in La. and living it up while this drags on.

I am SICK of him!!!  DO something!!

At least revoke his bond so that he can't puposely taint anymore jury pools!!

[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.

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.

   

Remember, this is the same man who poisoned the trees and called a national radio show to brag about it on the air. Then, he continued to call and talk about it after he was charged, against his attorney's advice.  I think his best shot might be insanity. LOL

[phillyeagle 149]

So why isn't this guy IN JAIL while awaiting his trial? It's been 18 months!

[keesler 5,934]

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!

The idiot targeted the very people that would literally get the scoop, "run" with the story and get the news out on the internet in a flash.  

Was the confession taped, or is it the idiot's word against the AU Plainsmen?

It's the judges fault for not gagging the fool to begin with, IMO.  

Change of venue is coming, and once it's out of Lee County that just leaves a greater chance that they will get even a more bammer biased jury pool.

[keesler 5,934]

So why isn't this guy IN JAIL while awaiting his trial? It's been 18 months!

Innocent until proven guilty???? 

Thank goodness that's how our legal system works in America. 

While I would love to see this particular imbecile under the jail.  He has rights as an American citizen to a fair and impartial trial to be judged by a jury of his peers.

[auburn4ever 1,266]

Dang it. How long is it going to take before his trial and make this guy pay for what he did and he bragged over and  over again that he killed our Oaks. Where the heck are they gonna move it? turdlooser.

Here's waht I  just read.

OPELIKA, Ala. (AP) -- A judge has delayed the trial of an Alabama fan accused of poisoning Auburn's cherished Toomer's Corner oak trees.

Judge Jacob Walker on Thursday cited increased media attention stemming from a report this week that the defendant, Harvey Updyke, confessed outside the courtroom.

Defense attorneys have asked the judge to move the trial to a different location, saying that the jury pool has been tainted. Judge Jacob Walker said Thursday that he would schedule a hearing to consider the request.

The 63-year-old has pleaded not guilty by reason of mental disease or defect.

Prosecutor Robbie Treese objected after the judge's ruling and noted that the issue was "invited by the actions of the defendant." But the judge replied that Updyke's interview marked a "very unusual set of circumstances."

Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

[auburn4ever 1,266]

He gave up those rights when he killed those Oaks. It's the same as if someone goes and kills another person. They just gave any rights they had.

[Dan1962 0]

Giving the turd what he wants.  Making a joke out of the courts.

He will never serve a day in jail...

[Elephant Tipper 430]

Remember, this is the same man who poisoned the trees and called a national radio show to brag about it on the air. Then, he continued to call and talk about it after he was charged, against his attorney's advice.  I think his best shot might be insanity. LOL

You're right rockford, no question he's operating under mental defect....shy one brick ! 

   

[Dan1962 0]

Flush the turd where he belongs down the hole of the toilet bowl…

[keesler 5,934]

He gave up those rights when he killed those Oaks. It's the same as if someone goes and kills another person. They just gave any rights they had.

That's not how the justice/legal system works though.  Every citizen gets their day in court.  

Just because this lunatic and his atty are playing the judge and the legal system like a dang fiddle doesn't change that.

[Elephant Tipper 430]

He gave up those rights when he killed those Oaks. It's the same as if someone goes and kills another person. They just gave any rights they had.

That's not how the justice/legal system works though.  Every citizen gets their day in court.  

Just because this lunatic and his atty are playing the judge and the legal system like a dang fiddle doesn't change that.

Where do you file application for exception just this once ?   

[Dan1962 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!

The idiot targeted the very people that would literally get the scoop, "run" with the story and get the news out on the internet in a flash.  

Was the confession taped, or is it the idiot's word against the AU Plainsmen?

It's the judges fault for not gagging the fool to begin with, IMO.  

Change of venue is coming, and once it's out of Lee County that just leaves a greater chance that they will get even a more bammer biased jury pool.

There should have been a gag order placed before trail ever started

[keesler 5,934]

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!

The idiot targeted the very people that would literally get the scoop, "run" with the story and get the news out on the internet in a flash.  

Was the confession taped, or is it the idiot's word against the AU Plainsmen?

It's the judges fault for not gagging the fool to begin with, IMO.  

Change of venue is coming, and once it's out of Lee County that just leaves a greater chance that they will get even a more bammer biased jury pool.

There should have been a gag order placed before trail ever started

Damn right!  -------->Judge just got played by a retarded fool.

[HardcoreAU79 0]

Deep deep breath there folks.

Of course, he played the system.

Of course, we want him sentenced .

From another perspective, if given lemons, make lemonade.

This piece of work is both a folk hero and huge embarrassment to uaT.

I'd prefer him in jail, but if out, I intend to remind them 24 7 about how he is one of them.

The longer he is "out there" the longer I can rag my BamrZ about their eco terrorist TalibamR ways.

The longer many of them will cring when his name is mentioned and associated and equated with them.

Peace luv and Tigers.

[alexava 6,974]

where in alabama besides turdtown will you find an untainted jury pool. actually turdtown is tainted just in a different way.

[AuburnNTexas 7,246]

Move it to Texas. I will guarantee he will be convicted.  I have not met a person in Texas who hasn't talked about it and who are not having a hard time believing he has not already been tried and put in Jail.

[keesler 5,934]

Move it to Texas. I will guarantee he will be convicted.  I have not met a person in Texas who hasn't talked about it and who are not having a hard time believing he has not already been tried and put in Jail.

I thought Texas folks were still pissin & moanin about aTm joining our conference. 

Are the Texas news stations/papers airing this circus? 

[around4ever 4,139]

Defense Attorney: Have you ever heard of Harvey Updyke?

Me: Nahsuh

Defense Attorney: Have you ever heard of the Toomers Oaks?

Me: Nahsuh, is da lak dem wiiite oks wit all dem akerns?  I'd lak to deah hunt ter.

Defense Attorney: I like him. 

Me:   

Judge: OK we have one juror. 

[alexava 6,974]

??? Texas or louisiana

[The SandMntTiger 9]

Defense Attorney: Have you ever heard of Harvey Updyke?

Me: Nahsuh

Defense Attorney: Have you ever heard of the Toomers Oaks?

Me: Nahsuh, is da lak dem wiiite oks wit all dem akerns?  I'd lak to deah hunt ter.

Defense Attorney: I like him. 

Me:   

Judge: OK we have one juror. 

+1

[Guest FEARLESSANDTRUE]

I don't think there is a bigger idiot on the planet that Harvey Updyke.  Unreal.  You call a radio show and brag about commiting a crime, get arrested and indicted for said crime, admit guilt to an Auburn reporter, and then say you won't get a fair trial. I fail to see where fairness is needed for the guilty. SMH. . .

And really, a tainted jury pool?  How so?  Do you think any member of the Auburn family that may be seated on the jury would knowingly convict the wrong man?  I want the moron that did it to pay, not someone else.  

One more thing, his wife is an idiot too.  Wearing a red dress?  You really didn't think that one through, did you?  Probably because you are incapable of thinking.

:zapbama: :zapbama: :zapbama: :zapbama:

[Rednilla 5,406]

I don't think there is a bigger idiot on the planet that Harvey Updyke.  Unreal.  You call a radio show and brag about commiting a crime, get arrested and indicted for said crime, admit guilt to an Auburn reporter, and then say you won't get a fair trial. I fail to see where fairness is needed for the guilty. SMH. . .

And really, a tainted jury pool?  How so?  Do you think any member of the Auburn family that may be seated on the jury would knowingly convict the wrong man?  I want the moron that did it to pay, not someone else.  

One more thing, his wife is an idiot too.  Wearing a red dress?  You really didn't think that one through, did you?  Probably because you are incapable of thinking.

:bow:

Leave it to the lady to notice the fashion faux pas...

[Rednilla 5,406]

Defense Attorney: Have you ever heard of Harvey Updyke?

Me: Nahsuh

Defense Attorney: Have you ever heard of the Toomers Oaks?

Me: Nahsuh, is da lak dem wiiite oks wit all dem akerns?  I'd lak to deah hunt ter.

Defense Attorney: I like him. 

Me:   

Judge: OK we have one juror. 

Come on now, around, you gotta know that the REC is making sure he gets adequate representation. Maybe or maybe not with his actual attorney, but think more along the lines of Rankin Fitch from The Runaway Jury. Means we've got to play it more like Nick Easter:

Defense attorney: How do you feel about pesticides, Mr. Rednilla?

Me: I can't say that I really have strong feelings one way or the other about them, Mr. Lawyer. [Looks at watch]

Defense attorney: How would you feel if someone were to come to your place of business with these pesticides?

Me: Well I work at the mall, sir.

Defense attorney: I think we can agree that such sprayings do happen occasionally, even at malls.

Me: Yeah, but I work at Eastdale Mall in Montgomery, you know the one that's completely enclosed? I guess what I'm trying to say is you'd have to be on crack to try to poison stone flooring, sir. [Looks at watch]

Judge: Mr. Rednilla, that's the second time I've seen you look at your watch. Are we keeping you from something?

Me: No sir, I wouldn't presume to waste your time. I just think if you knew my situation, you might be inclined to let me go.

Judge: Your situation?

Me: You play fantasy baseball? Well, you'd be surprised how many people play...It's like this your Honor, if I win my League, I get a new car, and I'm just not sure I can pass up the opportunity to..."

Judge: MR. REDNILLA! The jury system exists because for thousands of years, a judge could outright hang any young man he just did not like! Now Mr. Defense Attorney, do you have any objections to Mr. Rednilla entering as a juror?

Defense Attorney: No, your honor.

Judge: Mr. Prosecutor?

Prosecution: No, your honor.

Judge: Very well, please enter Mr. Rednilla as Juror #2827...

Can you tell I'm bored?