The Alabama fan accused of poisoning two oak trees that have been staging points for decades of celebrations at rival Auburn is about to go on trial.
Attorneys will begin selecting a jury today to hear the case against Harvey Updyke Jr., in a courtroom less than 10 miles from Toomer's Corner and the Auburn campus.
Updyke allegedly poisoned the trees after Auburn beat Alabama during the Tigers' 2010 national title season. The defendant, a 63-year-old fan of Alabama's Crimson Tide, has pleaded not guilty to two counts of criminal mischief and two counts of desecrating a venerable object, among other charges.
"A lot of jurors have heard about this case, so our questions are going to be centered around the question: 'Can you be fair and exclude this other information that you've heard and listen to the information or testimony and evidence given within the courtroom and make a decision based on that information?'" defense attorney Everett Wess said.
Updyke, a former Texas state trooper, was at the courthouse Monday for the videotaped deposition of an expert witness, a Mississippi State University chemist who was unavailable later in the week.
District Attorney Robbie Treese did not return a phone call seeking comment.
The trial has been delayed several times for various reasons since Updike's indictment in May 2011.
He has acknowledged that he called a Birmingham radio show as "Al from Dadeville" ? a rural community near Auburn where Updyke lived at the time ? saying he poisoned the trees with the powerful herbicide Spike 80DF, according to court documents. He also acknowledged leaving a phone message to an Auburn professor claiming knowledge of the poisoning, the documents said.
Wess has asked that the charges be reduced to misdemeanors because the state of Alabama "has explicitly set the value of an oak tree" at $20, which would be below the level for a felony.
Another Updyke attorney, Louis J. Willie III, said in court filings last week that Updyke might not be able to attend the trial because of "poorly controlled diabetes" and fainting spells.
"He's just doing the best he can," Wess said. "He wants to get this over with."
School allegiance in an oft-polarized state that is passionate about college football could weigh heavily on the jury selection process.
The defense has submitted a list of 33 questions for potential jurors. Among them: Do they or family members or close friends have ties to Auburn University? Are they or their close friends or relatives familiar with Toomer's Corner? Another question asked if anyone on the panel "will make a decision based upon the defendant being a University of Alabama sports fan."
An appeals court denied Updyke's request for a change of venue.
John Carroll, dean of Samford's Cumberland School of Law in Birmingham, cited a recent precedent in the sexual abuse trial of former Penn State assistant football coach Jerry Sandusky in Pennsylvania.
"You've got an immediate parallel to the Jerry Sandusky case up at Penn State, where they have tried the case and put a lot of Penn State employees on the jury," said Carroll, a former federal judge. "To me, that's sort of an equivalent, even though it's not the same kind of case."
Carroll also said he's not surprised the Updyke case was headed for trial, calling it a "serious act."
"These trees are very symbolic to Auburn fans," Carroll said. "The nature of the act, I think it's something that a prosecutor ought to prosecute."
The 130-year-old trees are clearly ailing.
Auburn horticulturist Gary Keever said 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.
"We're going to continue to monitor the trees," Keever said, "but the situation is not looking good."
Boise State confirms talks about staying in Mountain West
Boise State lawyers say the school engaged in talks with the Mountain West Conference earlier this year about staying in the league, despite public denials by Bronco athletic officials that such talks were taking place.
The Idaho Statesman confirmed the negotiations in a story published Monday and based on the university's response to a public records request.
The university denied the newspaper's request for documents, citing attorney-client privilege. But Boise State's general counsel confirmed in its response to the records request that conversations about keeping the Broncos in the Mountain West had occurred with league leaders.
In May, athletic director Mark Coyle denied to media during Big East Conference meetings that the school was engaged in conversations about staying in the Mountain West. Boise State is scheduled to move its football program to the Big East next year, but is still seeking a home for its other sports programs.
Coyle's denial provoked Mountain West officials to then issue a statement to media outlining some of the details of a plan to keep Boise State. At the time, Colorado State athletic director Jack Graham said the league offered to share revenues based on on-field success, a plan that could have helped the Broncos' powerful football program, but Boise State declined.
No Boise State official attended the Mountain West meetings earlier this month outside San Diego.
The Broncos are scheduled to move their other sports programs to the WAC in July 2013, but have also applied for membership in the Big West as uncertainty looms over the future and competitiveness of the WAC.
The Broncos completed the Big West's 11-page "New Member Assessment Tool" and have sent it to the league. The assessment tool is a collection of data ? including general campus information, sports sponsorship assessment, academic assessment, athletic competitiveness assessment, NCAA championship participation, athletic department funding and marketing assessment ? and includes no statements as to why the Broncos want to join the league or why the league should accept Boise State.
In its response to the Statesman, Boise State said it has not submitted membership applications to any other Division I conference.
Arkansas' Peacock gets 10 days in jail in theft
Arkansas offensive lineman Jason Peacock has pleaded guilty to a misdemeanor theft charge and was sentenced to 10 days in jail.
Prosecutors say Peacock entered the plea Monday in Washington County Circuit Court, where he also was sentenced to a year of supervised probation.
Peacock was arrested March 16 on a felony theft charge for allegedly taking a fellow student's debit card and using it to buy $35 worth of gas.
Then-coach Bobby Petrino suspended the 6-foot-4, 305-pound senior indefinitely. But Peacock was reinstated prior to Petrino's firing. Peacock was listed as a first-team lineman on the spring depth chart.
Peacock's lawyer and the university didn't immediately return phone messages seeking comment.
Prosecutors say Peacock is to report to jail within 30 days.
Ohio State deal pays Meyer $4 million, is clearer on rules violations
Ohio State is paying football coach Urban Meyer a minimum of $4 million annually ? more money than his predecessor ? and detailing in the contract what he's required to do if an NCAA rules violation occurs under his watch.
The university completed details of Meyer's contract and released it on Monday. The school's board of trustees is expected to approve it later in the week.
The deal runs through the 2017 season and keeps the Buckeyes football coach among the top five nationally in compensation. Meyer was hired last November to rebuild the program, which got a one-year bowl ban for NCAA rules violations under former coach Jim Tressel.
Meyer's contract guarantees him at least $4 million annually ? up from Tressel's $3.8 million ? with a chance to make significantly more through bonuses, youth camps and other compensation. It includes perks common for football coaches at major universities ? golf club membership, car stipends, tickets and a suite for home football games, use of private jets for recruiting and personal trips.
Meyer will get more than twice as much in guaranteed money as Ohio State President Gordon Gee, who is one of the best-compensated university presidents.
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