Updyke's Competency Hearing Postponed

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By CBS 8 News

A judge has postponed the competency hearing for an Alabama football fan charged with poisoning Auburn's landmark Toomer's Corner trees.

 

Lee County Judge Jacob A. Walker III granted Harvey Updyke's request Friday and rescheduled the hearing from next Monday to Dec. 20. Attorney Andrew Stanley requested it because Updyke is recovering from a medical procedure Wednesday and has a doctor's appointment.

 

Updyke has pleaded not guilty by reason of mental disease or defect to charges including criminal mischief and desecrating a venerable object.

 

He has completed a mental examination at Taylor Hardin Secure Medical Facility in Tuscaloosa to determine if he is competent to stand trial.

 

Updyke is living in Louisiana with his daughter. He's only allowed to leave the residence for medical, legal or religious appointments.

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 This material may not be published, broadcast, rewritten or redistributed.)

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