Tuscaloosa may soon have to accept accused Toomer's Oaks poisoner Harvey Updyke as mentally incompetent, legally.
During a hearing at the Lee County Justice Center in Opelika, Updyke's defense of lawyers Margaret Brown and Andrew Stanley made the request to file a motion by late afternoon for Updyke to receive further psychiatric evaluation at the Taylor Hardin Secure Medical Facility in Tuscaloosa.
District Attorney Robbie Treese said the psychiatric evaluation, which could take weeks, will most likely further delay the start of the trial.
The trial had previously been set to start Monday, Oct. 1.
The hearing started at 8:30 a.m. but was delayed until 10:30 a.m. by Judge Jacob Walker III on the statement by Updyke's newly appointed attorneys claiming that they had not had proper time to become acquainted with all the evidence in the case.
According to the Opelika-Auburn News, Updyke has been free on a $125,000 bond since his indictment in May 2011. The general conditions of Updyke's bond required him to "refrain from committing any further criminal offense."
Updyke has most recently been making headlines for his arrest in Hammond, La. on Sept. 18 on terrorizing charges over a dispute while returning a lawn mower to a home improvement store.
Updyke's wife, Elva, made her first appearance since her outburst at media and a deputy on June 18.
District Attorney Robbie Treese commented on the informal and swift nature of the hearing.
"Officially, I don't think anything's been put on paper," Treese said.
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