Judge Pushes Harvey Updyke's Trial Back a Week

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By CBS 8 News

Story Created: May 30, 2012 at 4:07 PM CDT

Story Updated: May 30, 2012 at 4:07 PM CDT

A Lee County judge has agreed to push back Harvey Updyke Jr.'s trial date by at least a week.

 

The Opelika-Auburn News reports that Circuit Court Judge Jacob A. Walker III moved it from June 11 to as early as June 19 on Tuesday.

(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

 

Updyke is accused of poisoning Auburn's two Toomer's Oak trees. Prosecutors are scheduled to videotape the deposition of a key witness, who won't be available during the trial because of a scheduling conflict, on June 18. The witness is a Mississippi State University analyst who studied samples from the trees for signs of poisoning.

 

Defense attorneys had requested more time to consult with independent experts on the analysis.

 

Updyke was not in court Tuesday. He has pleaded not guilty to charges including felony criminal mischief.

 

 

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