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Harvey Updyke skips hearing, issued a citation

Harvey Updyke, the man known for poisoning Auburn's historic Toomer's Oak Trees, skipped a hearing in Lee County Circuit Court on Tuesday. Circuit Judge Jacob Walker issued Updyke a citation for failing to appear.

Walker issued Updyke, who pleaded guilty in 2013 to poisoning the Oaks in after Auburn's 2010 Iron Bowl win, a citation for contempt, the Opelika-Auburn News  reported.

The Court held a hearing Tuesday for Updyke to present a budget detailing his financial and medical hardships. Updyke has said he is unable to travel to Alabama from Louisiana, where he currently lives, because of his hardships, according to court documents .

Flooding in Updyke's area of residence in Louisiana caused damage to his vehicle and his home, which has required him to spend money that would have otherwise gone toward the fines he incurred from poisoning the Oaks, Updyke said.

And, he is in sub par health and has been "in and out" of the hospital for a "variety of medical issues," he said.

Walker's Court said they have not received any of the materials they requested from Updyke back in October 2016, which included the budget and documentation of the expenses he has incurred as a result of the flood damage. The Court also asked for a letter from his doctor explaining his medical issues.

Updyke has been ordered to appear at a hearing in Walker's courtroom on March 1 at 10 a.m., at which time he could be incarcerated if he does not show good cause for why he failed to appear. 


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