Harvey Updyke arrives at the Lee County Justice Center in Auburn, Ala., Tuesday, June 19, 2012. Jury selection is scheduled to begin in his trial where he is accused of poisoning Toomer's Corner's historic oak trees on the campus of Auburn University. (AP Photo/Dave Martin)
Harvey Updyke arrives with his wife Elva at the Lee County Justice Center in Auburn, Ala., Tuesday, June 19, 2012. Jury selection is scheduled to begin in his trial where Updyke is accused of poisoning Toomer's Corner's historic oak trees on the campus of Auburn University. (AP Photo/Dave Martin)
Harvey Updyke arrives with his wife Elva at the Lee County Justice Center in Auburn, Ala., Tuesday, June 19, 2012. Jury selection is scheduled to begin in his trial where he is accused of poisoning Toomer's Corner's historic oak trees on the campus of Auburn University. (AP Photo/Dave Martin)
OPELIKA, Ala. (AP) — Nearly half of the prospective jurors in the trial of an Alabama fan accused of poisoning two trees at the famed Toomer's Corner next to Auburn University said they, close friends or family have participated in the celebratory rolling of the oaks with toilet paper after Tigers victories.
Eighty-five candidates filled Judge Jacob Walker's Lee County courtroom a few miles from Auburn's campus on Tuesday, the first day of jury selection, which resumes Wednesday morning.
Forty-one of the possible jurors said they had visited or seen the century-old trees since the poisoning and 39 said they or people close to them had taken part in the celebrations at Toomer's Corner, a long-held tradition for Auburn fans after victories. That had included hurling toilet paper into them.
Among the questions submitted by defendant Harvey Updyke's attorneys: whether potential jurors would "make a decision based upon the defendant being a University of Alabama sports fan."
None of the potential jurors questioned Tuesday morning said they would, but a handful indicated they believed Updyke is guilty.
"I'm convinced that he did it," one woman said.
Another said, "I feel that he did it. Obviously he took part of something that was an offense."
Updyke is accused of poisoning the trees at an entrance to campus after Auburn beat the Crimson Tide during the Tigers' 2010 national title season. The 63-year-old has pleaded not guilty by reason of mental disease or defect on charges that include criminal mischief and desecrating a venerable object.
Court documents filed last year said Updyke admitted calling a radio show to say he poisoned the historic trees with a herbicide and leaving a phone message for an Auburn professor claiming knowledge of the poisoning. But an attorney for Updyke later said his client told police he didn't poison the trees.
Updyke, who has worn crimson ties to previous appearances, was dressed in a neutral gray shirt and tie. He arrived at the courthouse with his wife Elva, who sat behind the defense table throughout the day.
Jurors were asked about their allegiances as fans, and most clearly root for Auburn.
When the judge asked if they had read or seen reports about the highly publicized case, all but one of the potential jurors signaled yes.
That person, an elderly woman, later told the judge she "made a mistake."
"I did hear it on the news," she said.
Seven of them indicated they worked for Auburn University and three said their spouses did.
Defense attorney Everett Wess said some jury candidates were stricken for cause, and others because of conflicts with the trial expected to last two weeks. He said selection might continue until late in the week.
"We are talking, we are getting information," Wess said. A sheriff's deputy escorted Updyke from the building, shielding him from reporters.
The 130-year-old trees are clearly ailing and Auburn is trying to save them.
University horticulturist Gary Keever said this week the tree closest to College Street has lost most of the foliage produced in the spring and that 80 percent of the canopy lacks foliage. He has been subpoenaed for the trial.
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Comments » 52
MetroplexMojo writes:
Q: What does a Bama fan and resident call 12 of his peers?
A: A full set of teeth
lemme_axya_this writes:
(This comment was removed by the site staff.)
ROCKYTOPBRAD writes:
NO thats not it. It's (Hey your sister's over here)
Olcrow writes:
History could be made.Please have cameras in the courtroom.This will be better than the Hatfields and McCoys going to court over a pig!LOL.
civilianvol_formerly_marinevol writes:
The prosecution is going to call the Stanford mascot as an expert witness. The sad thing is that Harvey Updyke is probably one of the classier bama fans. He didn't drop his pants and try to sodomize a drunk Auburn fan, or stand and cheer while another bama fans did. They say that, unlike most bama fans, when he saw the Auburn fans rolling the trees, he actually knew what toilet paper was supposed to be used for.
orangecountyvols writes:
Harvey will enter this plea bargain..........
if he agrees to help GoVolsExtra rid itself of trolls like RTRchatterbox..........then chances are all charges will be dropped.
Or if he ever learns what class is all about, such as RollTideJoe..........then same thing applies. RollTideJoe is a pretty good guy, btw.
FanNotSheep writes:
Hang him from the highest tree -- if the dang fool left any alive.
MetroplexMojo writes:
Gavel to gavel coverage of this trial on Court TV sponsored by Lipton Tea Bags.
pingkr62 writes:
I agree. I hope the trial is televised. It should give Jerry Springer a run for his money. G.B.O.!!!!
pingkr62 writes:
Don't forget Planters Dry-Roasted Nuts. I should be careful, the speech police may remove this comment.
lemme_axya_this writes:
That ain't right.lol
lemme_axya_this writes:
No kidding, I have read (and made) comments more offensive than the one they deleted today. Is THEY'RE anyone I can get an explanation from?
Voluvr writes:
Next on Harvey's bucket list.....poison UT's rock.
Voluvr writes:
I question the Lawyer's intelligence allowing the wife to wear a Crimson dress...
abnermc writes:
Where is Chat when we need him?
Witch_Doctors writes:
Witch Doctor suggest a few visits to Sun Tan City also..Witch Doctor say hes a pastie gray color or something(?)
Bones never lie.
MetroplexMojo writes:
I know what you're saying. My comment about the tea was as bad as your comment. Maybe the censor likes sweet tea more than a bag (sack) full of Krystals.
Tru138 writes:
Kinda like ashy Larry.
not_guilty writes:
Did the defense move for a change of venue? I can't think of any good reason not to.
chuckfromwoodberry writes:
Alabama white trash. Typical.
lemme_axya_this writes:
Oh boy, you are asking for it.
SevenT writes:
This moron appears to be a product of successful South Alabama inbreeding
MetroplexMojo writes:
Q: What does a Bama fan call a romantic getaway?
A: Family vacation
PUL4VOLS writes:
What a travesty and a joke. I love being a southerner but junk like this, whether or not he had anything to do with the poisoning, makes southerners in general and Alabammers specifically look ridiculous. I have no idea how this will turn out. How can they convict him on his call to the NOTSOFinebaum show and confessing? It will be an embarrassment to the whole region. As for the poisoning itself, that shows an ultimate in classlessness and whomever did it should be prosecuted. I have a feeling we will never know the whole story about it. Meanwhile, strap into your rockingchair on the back of the pickup ala Granny Clampett. This will prove to be more fun than Mr. Toad's Wild Ride(formerly at Disneyworld)!
snuffysmiff writes:
Nah. Right now Bammers love UT. When UT starts turning over Bama's applecart with a victory or two attitudes will change.
snuffysmiff writes:
He must be one of those trolls who sit in a man cave and post on GoVolsXtra 24/7. Note the sunglasses as well since he isn't used to any daylight.
FLVOL_79 writes:
Keep 'em coming!
RollTideJoe writes:
Thanks, OrangeCounty. Unfortunately every school has a fan like Updyke that embarasses others. Most Tide fans, like Vol fans, are good people that just enjoy college sports and treat their competitors with respect. Actually, a large group of Alabama students went to Auburn and made every effort to help save those trees and money has been donated to help with any costs incurred. It is unfortunate that some people like Updyke put a black eye on others. Hopefully, he will have a penalty to pay for his stupidity.
SignalMtnVol writes:
Q. What's the difference between Bryant Denny stadium and a porcupine?
A. On a porcupine, all the "pricks" are on the OUTSIDE.....
SignalMtnVol writes:
Q. How do you know when a guy from Alabama is married?
A. Tobacco spit down BOTH sides of the truck...
SignalMtnVol writes:
How do you keep an Alabama fan occupied for days? See #1.
1. See number 2.
2. See number 1.
SignalMtnVol writes:
What does an Alabama fan and a maggot have in common?
Both can live off a dead bear for 30 years...
PUL4VOLS writes:
Good news RollTide about the Bama Students' efforts to help with the trees and the donations. That is a lot of class being shown in the midst of the classless act by whomever of poisoning the trees. All our bravados for "our teams" is secondary to such indiscretions as this. It takes real winners to do what the Bama students and the donors have done. If Upy, did to this, I hope he gets his due.
SignalMtnVol writes:
How do you sink a submarine manned by Alabama fans?
Have a diver knock on the hatch....
SignalMtnVol writes:
What do you call 144 Alabama fans?
GROSS ignorance
(for you bammers reading 144 = 1 gross)
volboy81 writes:
this is SO typical of bummer fans! Bless their hearts, football is the only thing that pathetic place has thats even half-way decent! I laugh when I think of the tape Ive heard of Updike calling the finebutt show & he was asked if he knew what he did was against the law. Updike answered "think I care?" I bet he cares now.
String him up!
SignalMtnVol writes:
How do you know the toothbrush was invented in Alabama?
If it had been invented anywhere else, it would be called a TEETHbrush.
SignalMtnVol writes:
What do you call a 12 year old Alabama girl that can outrun her 20 year old brother?
A virgin....
MetroplexMojo writes:
Q: What do you call the upper deck at Bryant-Denny stadium?
A: A full set of teeth
SevenT writes:
What is the State Flower of Alabama?
A = marijuana plant
civilianvol_formerly_marinevol writes:
Q: Why do Alabama dogs all have flat noses?
A: From chasing parked cars.
MetroplexMojo writes:
Q: Who is 5 inches smaller than average but can make 100,000 Bama fans scream?
A: Nick Saban
voloffaith writes:
Wow the alabama comedy came out of the woodwork didn't it? Why did all the bama momma's change from boufant hairdoos? Got tired of getting caught in ceiling fans.....
Witch_Doctors writes:
Witch Doctor starting to think he was just getting rid of his Meth "by-products" and the poor trees just happen to be there. Witch Doctor say hes a troll and orta be made to rake ever leaf in the state of Alabama for community service. (but after dark..hes kinda scary looking)
Bones never lie.
SignalMtnVol writes:
LMAO! I can't believe I forgot that one!
SignalMtnVol writes:
How many Alabama Sophomores does it take to screw in a light bulb?
None - That's a junior class.
MetroplexMojo writes:
Q: Why don't they teach sex-ed and driver's ed on the same day in Alabama?
A: They don't want to wear out the mule.
SignalMtnVol writes:
You might be a Bammer if...
You ever cut your grass and found a car.
You own a home that is mobile and 5 cars that aren't.
You think the stock market has a fence around it.
Your stereo speakers used to belong to the Moonlight Drive-in Theater.
You own four cars and no hubcaps.
Your idea of a great Christmas present is a gift certificate to the local bail bondsman
Your boat has not left the drive-way in 15 years.
Chiggers are included on your list of top 5 hygiene concerns.
You burn your yard rather than mow it.
Your wife has ever said, "Come move this transmission so I can take a bath."
You refer to the time you won a free case of motor oil as "the day my ship came in."
You read the Auto Trader with a highlight pen.
The Salvation Army declines your mattress.
You've ever raked leaves in your kitchen.
Your entire family has ever sat around waiting for a call from the Governor to spare a loved one.
Your grandmother has ever been asked to leave the bingo hall because of her language.
Someone asks, "Where's your bowling bag?" and you answer, "She's at home with the kids."
Birds are attracted to your beard.
Your wife's job requires her to wear an orange vest.
You were shooting pool when any of your kids were born.
You have the local taxidermist's number on speed dial.
You've ever hit a deer with your car...deliberatley.
You've ever given rat traps as gifts.
You clean your fingernails with a stick.
Your coffee table used to be a cable spool.
You keep a can of RAID on the kitchen table.
You hammer bottle caps into the frame of your front door to make it look nice.
Your wife can climb a tree faster than your cat.
Your mother has "ammo" on her Christmas list.
Every socket in your house breaks a fire code.
You've totaled every car you've ever owned.
There are more than five McDonald's bags currently in the floorboard of your car.
The Home Shopping operator recognizes your voice.
SignalMtnVol writes:
Continued:
There has ever been crime-scene tape on your bathroom door.
You've ever been kicked out of the zoo for heckling the monkeys.
The taillight covers of your car are made of red tape.
You think a subdivision is part of a math problem.
You've ever bathed with flea and tick soap.
You think "taking out the trash" means taking your in-laws to a movie.
Your kids take a siphon hose to "Show and Tell."
The dog catcher calls for a backup unit when visiting your house.
You've ever bought a used cap.
Your CB antenna is a danger to low-flying planes.
You pick your teeth from a catalog.
You've ever financed a tatoo.
You've ever stolen toilet paper.
People hear your car a long time before they see it.
The gas pedal on your car is shaped like a bare foot.
You prefer car keys to Q-tips.
You take a fishing pole into Sea World.
You've ever stood in line to have your picture taken with a freak of nature.
You think the French Riviera is foreign car.
You go to a stock car race and don't need a program.
You've ever filled your deer tag on the golf course.
Your toilet paper has page numbers on it.
MOTEL 6 turns off the lights when they see you coming.
You own more than three shirts with the sleeves cut off.
You've ever spray painted your girlfriend's name on an overpass.
Your mother does not remove the Marlboro from her mouth before telling the state trooper to kiss her a ss.
Your pocket knife often doubles as a toothpick.
You own a denim leisure suit.
Your dog has a litter of puppies on the living room floor and nobody notices.
Your family tree does not fork.
You see no need to stop at rest stops because you have an empty milk jug in the car.
You have a rag for a gas cap.
The dog can't watch you eat without gagging.
You have a Hefty Bag for a passenger-side window.
You show your boyfriend you really love him by carving his name on your arm.
You've ever had to turn your pickup truck around because of bridge clearance restrictions.
You've ever had to scratch your sisters name out of a message that begins, "For a good time call...."
SignalMtnVol writes:
And finally:
You ever hit on somebody in a V.D. clinic.
Your brother-in-law is also your uncle.
You bought a VCR because wrestling is on while your at work.
After the Prom you drove the truck while your date hit road signs with beer bottles.
Your father executes the "pull my finger" trick during Christmas dinner.
All of your four letter words are two syllables.
You've ever been too drunk to fish.
You cut your toenails in front of company.
You view the upcoming family reunion as a chance to meet women.
Your wife has a beer belly and you find it attractive.
Hitchhikers won't get in the car with you.
You've ever heard a sheep bleat and had romantic thoughts.
Your house doesn't have curtains but your truck does.
You wonder how service stations keep their restrooms so clean.
You can spit without opening your mouth.
You consider "Outdoor Life" deep reading.
You call your boss "dude".
You think a Volvo is part of a woman's anatomy.
You have grease under your toenails.
You consider your license plate personalized because your father made it.
Your mother keeps a spit cup on the ironing board.
You think Dom Perignon is a Mafia leader.
You've ever been fired from a construction job because of your appearance.
You've ever worn a tube top to a wedding.
You've ever cleaned fish in your living room.
You think Campho-Phenique is a miracle drug.
You've ever had sex with your buddy's wife in a Waffle House restroom after a home game.
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