Harvey Updyke and his attorney approached Judge Jacob Walker Tuesday at the Lee County Circuit Court with four major motions.
Updyke, who is accused of poisoning to Toomer's Corner oaks at Auburn, and his attorney Everett Wess said that some of Updyke's felony and misdemeanor charges should be dropped or combined.
Specifically, Wess addressed Updyke's misdemeanor charge of desecrating a venerated object. He said both trees weren't crops and shouldn't be considered venerated objects. He moved that their value be dropped to $20, as an Alabama law states oak trees are valued.
"You wouldn't roll a venerated object," Wess said.
Walker said that the value of oak trees was created more for timber regulations. The county argued that the rolling of the trees was what made them venerated. The county also said the acorns from the trees were sold for nearly $330,000 in scholarship funds over seven years. They said for this reason the value of the damage raised the value of the trees.
Wess also moved for a change in venue from Lee County to Jefferson County, Mobile County or Madison County.
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