Saturday, June 11, 2011

Judge denies gag order request in Updyke case

OPELIKA, Ala. (AP) - A judge has denied a gag order request in the case of the man accused of poisoning Auburn's celebrated oak trees.
Lee County Circuit Court Judge Jacob Walker also ordered a mental evaluation Friday for Harvey Updyke Jr., who has entered a plea of not guilty for reasons of mental disease or defect.
The judge continued the case tentatively set to begin June 20 and said he would hold a status hearing in August following the mental evaluation. Prosecution is also awaiting the results of further testing on the two century-old oaks at Toomer's Corner, where Auburn fans have traditionally celebrated wins.
An Alabama fan, Updyke and his wife both appeared in the courtroom wearing crimson-colored shirts. He faces four felony counts and two misdemeanor counts

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