OPELIKA, Ala. (AP) — An attorney for the Alabama fan accused of poisoning Auburn's cherished Toomer's Corner oak trees is seeking to suppress Harvey Updyke's early statement to police and comments he reportedly made to a student newspaper reporter.

Attorney Everett Wess contends that Updyke's nearly 3-hour interview with police "is not relevant." Wess says the 63-year-old told police he had admitted in the media to poisoning the trees, but then denied it.

Wess also wants Judge Jacob Walker to bar a report that Updyke admitted to the act in an interview with the student newspaper Tuesday, saying it is prejudicial.

Jury selection resumed Thursday morning with some 50 people still under consideration to hear the case. Opening statements could come Thursday.

Updyke has pleaded not guilty by reason of mental defect or disease.