Harvey Updyke's trial has been pushed to next year after his fourth attorney was removed from the case.
Lee County Circut Judge Jacob Walker III allowed lawyer Glennon Threatt to step down. Threatt, citing a lack of trust between himself and Updyke, asked to be removed from the case.
Updyke and his new lead attorney Everett Wess submitted a motion on Oct. 18 to set the value of the Toomer's Oaks at $20. The motion is based on a section of Alabama law dealing with property damages.
Section 34-14-1 of Title 35: Property in the Code of Alabama says that anyone who willingly and knowingly destroys or alters an oak tree belonging to someone else must pay that person $20.
If the motion is allowed, Updyke's Class C felony charge of criminal mischief could be changed to a misdemeanor, since the amount in damages would plummet from the $2,500 already required to test and clean the area and the trees.
Updyke's first three attorneys were removed from the case within seven days after Feb. 17, the first time Updyke was arrested.
Updyke made headlines this fall for calling into the Paul Finebaum Radio Network on Sept. 28.
"I just want to tell the Auburn people that I'm truly sorry for all the damage I've done," Updyke said. "I'm not asking for sympathy. All I'm asking is forgiveness. I want the people that's Christians to understand I've done a lot of good in my life."
Updyke's next court date is set at Jan. 17, 2012.
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