Updyke’s attorney asks judge to remove himself from case


The drawn-out case of Harvey Updyke and the Toomer’s Corner tree-poisoning allegations has potentially hit another road bump. Updyke has had a hard time keeping lawyers to represent him, and now, might have another judge to oversee his case.

Updyke’s attorney, Everett Wess, filed a motion Friday asking Lee County Circuit Judge Jacob Walker to remove himself from the case because of potential ties any friends, family, etc., might have to the rival university. Had the case reached a plea agreement, the motion would have been unnecessary, Wess wrote.

“I am filing this motion at this juncture because it appears a trial seems certain. We have done all we can to work toward resolving this case,” Wess said in the motion.

Attorneys representing Updyke have requested to be removed from the case for similar reasons in the past year.

Updyke pleaded not guilty in May to two felony counts of first-degree criminal mischief, two felony counts for unlawful damage, vandalism or theft of property from a farm animal or crop facility and two misdemeanor counts of desecrating a venerated object.

Out on bond, Updyke was spotted in New Orleans for the BCS championship game last week.