Hearing Expected Today for Harvey Updyke - ABC 33/40 - Birmingham News, Weather, Sports

Hearing Expected Today for Harvey Updyke

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OPELIKA - AL -

A judge has scheduled a hearing to determine the mental competency of the University of Alabama fan charged with poisoning Auburn University's oak trees at Toomer's Corner.
    
Harvey Updyke is due in court today in Opelika. A Lee County judge is set to consider expert reviews of Updyke's mental condition.
    
The 64-year-old is awaiting trial on criminal mischief and other charges alleging he spiked the Toomer's Corner oaks with a strong herbicide almost two years ago. The trees are nearly dead, and university officials already are considering plans to replace them.
    
Updyke says he is not guilty and could use an insanity defense. He was evaluated at a state-run mental health facility in Tuscaloosa.
    
Updyke is under the care of a daughter in Louisiana following his release.

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