Harvey Updyke failed to appear before the Lee County Court on Wednesday afternoon. Pending a 30-day advisement period, Judge Jacob Walker will consider issuing a writ of arrest.
Updyke’s defense attorneys claimed that Updyke was facing serious medical issues and could not travel.
Walker is giving the Lee County District Attorney’s Office 30 days to investigate the validity of Updyke’s medical claim, after which he will decide whether or not to issue a warrant for Updyke’s arrest for not appearing in court.
Updyke was summoned back in August of this year after he failed to abide by a change in his restitution payments made in July 2018, increasing the monthly amount from $100 to $200. Since then, Updyke has only made single payments in May and August 2019 while submitting three payments in October 2019.
According to court records, Updyke has paid $6,915.50 towards his $800,000 restitution bill.
“He has shown no regard for the court,“ said Lee County District Attorney Brandon Hughes.
Hughes also mentioned a call received by the DA’s office last week from someone claiming to be Updyke.
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“He used some very colorful language stating that he is not going to pay another penny,” Hughes said. “After his absence today, I don’t expect him to pay again.”
Updyke’s defense attorneys suggested that there are up to five Facebook pages falsely claiming to be Harvey Updyke and his likeness.
The defense also requested that the letter sent by Updyke’s doctor, Dr. Kyle Caulfield of Hammond, Louisiana, be retracted from public access.
In 2010, Harvey Updyke drove 30 miles from his home in Dadeville to deliver a fatal dose of Spike 80DF to the 300-year-old Toomer’s Oaks after Auburn beat Alabama 28-27 in the 2010 Iron Bowl.
On Jan. 27, 2011 Updyke called into the Paul Finebaum Show as “Al from Dadeville.” Updyke explained how he planned for a month before carrying out the attack that would cost Auburn University thousands in damages.
Updyke pleaded guilty in 2013 to poisoning the historic oaks.
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