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Lee County Judge Hits Pause Button On Harvey Updyke Trial

By: Stephen Crews
Updated: June 21, 2012

Lee County Judge Jacob Walker has pushed the pause button on the Harvey Updyke trial.  He granted Updyke's defense attorney's request for a continuance citing media publicity around the trial.

Judge Walker said 10 out of the 31 potential jurors had either read, seen or been contacted by a family member who wanted to talk about the trial.

Defense attorney Evertt Wess also spoke briefly Thursday morning; he says he will file a motion to suppress comments his client is alleged to have made to Andrew Yawn, a reporter for the Plainsman.

Yawn wrote that Updyke confessed to poisoning the trees during court recess in an article published in the Auburn University student newspaper on Tuesday. Wess says Updyke claims he never made those statements or confession to the student reporter. Yawn has been issued a subpoena and could be called to testify.  Wess is trying to keep that from happening saying the confession is false.

Jury selection has stretched into day three. Potential jurors are being questioned as to whether or not they have heard or seen any news reports since jury selection began. About a dozen said they had and were called in individually to give specifics.

A few potential jurors had heard details about the Plainsmen article in which the student reporter claimed Updyke confessed to poisoning the trees.

Judge Walker has banned still cameras and video cameras from covering the Updyke trial.

Court administrators did not give a reason for why the judge issued the camera ban, but cameras are allowed outside the Lee County Justice Center to interview attorney's who are not restricted from speaking by a gag order.

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