The Harvey Updyke Jr. trial is set to begin June 19 or 20 for the poisoning of Toomer's Corner oak trees. The trial will be held at the Lee County Justice Center.
The original trial date was delayed on week, but a compromise was met between the two sides.
Two weeks ago, the defense requested for more time to consult with independent experts.
The prosecution utilized the time to complete the deposition of a key witness who will not be available on June 18, due to a scheduling conflict.
The witness is a Mississippi State University analyst who examined tree samples for signs of poisoning.
Updyke, who was not in court two weeks ago, is charged with felony criminal mischief, misdemeanor desecration of a venerated object, felony unlawful damage and vandalism or theft of property from a farm animal or crop facility.
He has pleaded not guilty to all charges. On Jan. 27, 2011, "Al" from Dadeville called the Paul Finebaum sports talk radio show admitting to poisoning the live oak trees with a powerful herbicide, Spike 80DF, after the 2010 Iron Bowl game.
In that game, Auburn came back from a 24-point deficit to win the game, and two games later, the national championship.
Authorities tracked down and arrested Updyke in February 2011.
He called Finebaum's show throughout 2011 pledging allegiance to the University of Alabama and apologized to Auburn without regret for his actions.
The trial has been rescheduled multiple times since his arrest, most recently in April 2012.
The defense asked Judge Jacob A. Walker to recuse himself, as they believed he could be impartial on the case since he is in a group that purchases Auburn football season tickets.
Walker denied the claims and will hear the testimony next week.
In April 2012, the University reported the chance of survival is very slim.
Still, a task force made up of university horticulturists, landscapers, agronomists, engineers, chemists and others has undertaken a series of steps to give the trees a fighting chance, including the replacement of the contaminated soil and application of activated charcoal to the roots.
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