Harvey Updyke's lawyer argues for charges to be reduced to misdemeanors

[Coach Hank Crisp]

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AUBURN, Alabama -- An attorney for Harvey Updyke filed a motion in court this morning arguing that felony charges against the man accused of poisoning the historic oak trees at Toomer's Corner be reduced to misdemeanors.

Attorney Everett Wess wrote that the cost of the oak trees should be placed at $20, because such a value is specifically referenced in Alabama statute.

The law in question states that anyone "who cuts down, deadens, girdles, boxes, destroys or takes away, if already cut down or fallen, any cypress, pecan, oak, pine, cedar, poplar, walnut, hickory or wild cherry tree, or sapling of that kind, on land not his own, wilfully and knowingly, without the consent of the owner of the land, must pay to the owner $20.00 for every such tree or sapling."

The $20 value would fall below the legal threshold of a Class C Felony, but would meet the standards of criminal mischief in the third degree, a Class B misdemeanor, according to Wess.

Wess is acting as Updyke's attorney after Glennon Threatt asked to be removed from the case.

[Jamos]

The man hasn't killed anything, he might have attempted to but nothing is dead yet. If I were the Judge, I would throw the case out.

[ricky023]

Just like the glove didn't fit, that judge can do anything he wants to. I don't think he will throw it out but I do think he will drop it to a misdemeanor because of public viewing this so much. $20, that kind of fine might even make the defendant smile. lol. RTR!

[Coach Hank Crisp]

The man hasn't killed anything, he might have attempted to but nothing is dead yet. If I were the Judge, I would throw the case out.

I thought it was Peters liquid fertilizer judge! I pray the court has mercy on me!

[SUPERCOACH]

Just like the glove didn't fit, that judge can do anything he wants to. I don't think he will throw it out but I do think he will drop it to a misdemeanor because of public viewing this so much. $20, that kind of fine might even make the defendant smile. lol. RTR!

I already donated $10 to Tide for Toomers and I didn't have anything to do with it. 

It sounds like his lawyer is doing a good job.

[2Stater]

He said he was sorry. Is there no compassion among the boogs that they can't go to the judge and say "we forgive him"? 

[Chechem]

I'm filing felony charges against these loggers.  There's money to be made if a $20 tree is worth millions. 

[Catch Prothro]

I'm filing felony charges against these loggers.  There's money to be made if a $20 tree is worth millions. 

The value of the timber is different than the value of a standing tree, so (for example) if Updike had cut down the trees and sold the timber, it would be a different story.  Pretty creative lawyering by Updike's attorney.

[BAMAWV]

$20 seems fair.

[Chechem]

I'm filing felony charges against these loggers.  There's money to be made if a $20 tree is worth millions. 

The value of the timber is different than the value of a standing tree, so (for example) if Updike had cut down the trees and sold the timber, it would be a different story.  Pretty creative lawyering by Updike's attorney.

Actually, the $20/tree rate isn't far off.  Indeed, that's the value for timber.  There is a provision for "willful disregard" on the books to punish a logger for cutting after being told to quit ($40/tree), and provisions for cutting ornamentals in someone's yard (Toomer oaks don't fit those criteria).  But this case won't be tried under guidelines for logging.  You can bet the Boogs will push malicious-vandalism and mental-anguish charges (whiners!), and hope they find a patient judge who is sympathetic to the crying children paraded in front of him, toilet paper in hand, moaning about the beauty of a bunch of ass-wipe trash hanging in the trees of a college campus.

[Jamos]

I wish the case could be moved to to an unbiased Bama/Auburn location somewhere like maybe Athens, Ga so it would be impartial to the two schools involved. 

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