Judge Won't Step Down in Toomer's Oaks Case
By: Josh Rultenberg
Updated: February 20, 2012
The judge in the case of Harvey Updyke, the man accused of poisoning the Toomer's Corner oak trees at Auburn University will not step down over concerns about his impartiality.
According to The Opelika-Auburn News, Lee County Circuit Court Judge Jacob A. Walker III has denied a motion by Updyke's attorney, Everett Wess.
Updyke has been charged with multiple counts of felony criminal mischief and other charges in connection with the damage of the iconic oaks, which he has pleaded not guilty to each of them.
The reason Wess had insisted Walker walk away is because of his ties to Auburn, however, the judge ruled that Wess did not have conclusive and present evidence to show any bias towards the university.
The trial is scheduled for March 5.
