"Remembering the Toomers Oaks" thread

[djsimp]

Chizad has already posted a link regarding the possibility of rolling Toomers in '11 but there are some added pics and video updated on the link below.

June 22, 2011

The Toomer's Oaks Task Force, represented by students, faculty, staff, City of Auburn officials and Auburn landscaping experts, is still considering "rolling" options for celebrating fans this fall. An announcement will be made later this summer once all options have been reviewed.

http://ocm.auburn.edu/news/update110622.pdf

[Townhallsavoy]

Karibi Dede is not optimistic:

How sad. I just drove by toomers. Its dead. Dried brown leaves in the summer. For the first time that hurt me bad.

[Townhallsavoy]

Harvey's Argument:

AUBURN, Alabama -- An attorney for Harvey Updyke filed a motion in court this morning arguing that felony charges against the man accused of poisoning the historic oak trees at Toomer's Corner be reduced to misdemeanors.

Attorney Everett Wess wrote that the cost of the oak trees should be placed at $20, because such a value is specifically referenced in Alabama statute.

http://www.al.com/sports/index.ssf/2011/10/harvey_updyke_accused_of_poiso_1.html

[Snaggletiger]

Just gimme' $40.00 and we'll call it even.

[djsimp]

Toomer’s Oaks Update
September 23, 2011

http://ocm.auburn.edu/news/update110926.pdf

[GH2001]

Harvey's Argument:

http://www.al.com/sports/index.ssf/2011/10/harvey_updyke_accused_of_poiso_1.html

One of the lawyers on here can elaborate more, but simply killing the trees is the least of his worries. Strong poison was dumped into the ground. All kinds of laws were broke in the act. He and his attorney are dumbasses.

[Token]

One of the lawyers on here can elaborate more, but simply killing the trees is the least of his worries. Strong poison was dumped into the ground. All kinds of laws were broke in the act. He and his attorney are dumbasses.

What are the actual charges?

[GH2001]

What are the actual charges?

What I was getting at was there was an environmental/public safety issue here, regardless of whether the trees die or not. It became federal at that point. I'm not sure how dumping one of the strongest, federally regulated poisons in the U.S. into the public soil can ever be looked at as a misdemeanor, dead trees or not.

From al.com back in May:

AUBURN, Alabama -- Harvey Updyke now faces federal charges related to the poisoning of oak trees at Toomer's Corner in downtown Auburn, his attorney tells WSFA.

Among the six indictments, Updyke was indicted for two counts of criminal mischief, two counts of desecrating a venerable object, and two counts of a state law that includes making it unlawful to damage, vandalize, or steal any property on or from an animal or crop facility.

Efforts to reach Updyke's attorney, Glennon Threatt, of Birmingham, for comment Tuesday night were unsuccessful. Earlier, a Montgomery television station reported Threatt said his client was facing federal charges.

Updyke, 62, was already facing one count of first-degree criminal mischief in Lee County District Court.

[Token]

What I was getting at was there was an environmental/public safety issue here, regardless of whether the trees die or not. It became federal at that point. I'm not sure how dumping one of the strongest, federally regulated poisons in the U.S. into the public soil can ever be looked at as a misdemeanor, dead trees or not.

From al.com back in May:

AUBURN, Alabama -- Harvey Updyke now faces federal charges related to the poisoning of oak trees at Toomer's Corner in downtown Auburn, his attorney tells WSFA.

Among the six indictments, Updyke was indicted for two counts of criminal mischief, two counts of desecrating a venerable object, and two counts of a state law that includes making it unlawful to damage, vandalize, or steal any property on or from an animal or crop facility.

Efforts to reach Updyke's attorney, Glennon Threatt, of Birmingham, for comment Tuesday night were unsuccessful. Earlier, a Montgomery television station reported Threatt said his client was facing federal charges.

Updyke, 62, was already facing one count of first-degree criminal mischief in Lee County District Court.

I never heard what the actual charges were, or if I did, I didn't pay attention.  I know with criminal mischief there has to be a value and that value has to be a certain amount to make it a felony.  I was just wondering why the lawyer is trying to get the mischief charges reduced if there are other felonies.  They are going to run it all concurrent anyway.

[GH2001]

I never heard what the actual charges were, or if I did, I didn't pay attention.  I know with criminal mischief there has to be a value and that value has to be a certain amount to make it a felony.  I was just wondering why the lawyer is trying to get the mischief charges reduced if there are other felonies.  They are going to run it all concurrent anyway.

Yep, agree.

Even if they did get that one lowered to a misdemeanor (and JR can correct me if I am wrong), the others would still hold as they are.

[JR4AU]

Yep, agree.

Even if they did get that one lowered to a misdemeanor (and JR can correct me if I am wrong), the others would still hold as they are.

Criminal Mischief, and some statutes involving damaging public/state property, that I'm not familiar with, and don't want to take the time to look up.  I know that at Harvey's arraignment, there was an agent from the EPA present, but all my people that know about how the feds work say they likely won't take any interest in this case. 

[djsimp]

November update.

http://ocm.auburn.edu/news/update111104.pdf

[djsimp]

Nice read with pics on the History of the Toomers Oaks.

http://ocm.auburn.edu/news/toomers_age.pdf

[djsimp]

http://wireeagle.auburn.edu/news/4102

University to plant new trees if current oaks do not survive
1:12 PM, January 26, 2012
AUBURN - The tradition of rolling Auburn's oaks will continue even if the trees do not survive being poisoned in 2010. President Jay Gogue this week accepted the recommendation of the Committee to Study the Future of Rolling Toomer's Corner, which proposed replacing the troubled oaks—should they die—with one or more large trees and using a temporary structure to celebrate victories until the new trees have established roots.

Auburn horticulture and forestry experts will evaluate the current oaks this spring. They are not expected to survive. Development of a timetable to replace them is under way.

"It's a bittersweet moment for those of us who love Auburn," said Debbie Shaw, vice president for alumni affairs and committee chair. "We dearly love the live oaks that have served us well for so long, but we now must focus on creating an environment that future generations can enjoy."

To assist the committee in its decision, more than 1,200 alumni, faculty, staff, students and friends of Auburn responded to a survey in December, indicating their preference for the future of the corner.

"After reviewing the comments, it is clear that the rolling tradition at Auburn University must continue," said Shaw. "We are thankful to those who took the time to read and respond to the survey. Their ideas and suggestions illustrate how passionate they are and how much they love Auburn."

Survey respondents were given four options: plant small oak trees; plant large living trees; move the rolling tradition to a permanent structure in the intersection at Toomer's Corner; or design an artificial structure that would be located at the current site of the oaks. Based on feedback and the expertise of its members, the committee proposed the large tree option, plus development of a temporary structure that would be used for rolling.

The tradition will likely continue this year with the existing oaks whether they survive or not.

"I don't expect to see significant change in the trees until at least spring when they typically put forth new leaf growth," said professor of horticulture Gary Keever. "Even if they die before next fall, they should still be strong enough to sustain rolling during the football season."

Keever said there would be several options for replacing the oaks.

"The live oak is not native to this area, so we might consider a different species," Keever said. "Either way, we want to make sure that we plant an attractive and long-living tree, one that would enhance the beauty and character of our campus."

[djsimp]

http://www.wltz.com/story/17103528/toomers-corner-oaks-showing-signs-of-growth

Toomer's Corner Oaks showing signs of growth
Posted: Mar 07, 2012 2:47 PM CST
Updated: Mar 07, 2012 2:47 PM CST
 
 Auburn, AL

Auburn University Horticulturist Gary Keever says the oaks at Toomer's Corner are showing signs of growth. "This means the trees still have food, and are still alive," he said.

The oaks were allegedly poisoned in 2010 with Spike 80 DF. "This gives us hope that the trees might make it if they are starting to produce more foliage," Keever said.

Keever along with other university officials will go up in a lift on Friday to check the leaf development and the branches up top.

[GH2001]

http://www.wltz.com/story/17103528/toomers-corner-oaks-showing-signs-of-growth

Saw the headline this morning and had to do a double take at it. Good news.

Would be some shit if they made it eh?

[JR4AU]

Saw the headline this morning and had to do a double take at it. Good news.

Would be some shit if they made it eh?

Would seriously undermine many of the charges against Updyke too.

[GH2001]

Would seriously undermine many of the charges against Updyke too.

Doesn't change the fact though that he dumped a shit ton of a lethal substance on public ground and caused an endangerment to the public and the environment. The shitbag did damage, and could have done more whether the trees live or not.

[djsimp]

Saw the headline this morning and had to do a double take at it. Good news.

Would be some shit if they made it eh?

Seriously would, not only because of the intent to kill the trees but it would show that the guys taking care and treating the Oaks did one HELLUVA job. That would be one giant feather in the hat.

[JR4AU]

Doesn't change the fact though that he dumped a shit ton of a lethal substance on public ground and caused an endangerment to the public and the environment. The shitbag did damage, and could have done more whether the trees live or not.

I'm not saying I'd perfer them to die, but if they don't, it seriously undermines the charges, as all depend on there being actual damage. 

This is from al.com:

He was indicted in May on two counts of criminal mischief, two counts of desecrating a venerable object and two counts of a state law that includes making it unlawful to damage, vandalize or steal any property on or from an animal or crop facility.

If the trees don't die, then I see it being very difficult to prove any of those, none of which has anything to do with the environmental concerns.  How do you quantify the damage?  By the amount of money it took to save them?  Maybe.  I don't know, it's sort of new ground legally.   It's not like keying a car, where the damage is immediate, and apparent.   Then there's always "Attempted Criminal Mischief" but that takes it down to a misdemeanor.   I don't know about the desecrating venerable objects charge, or the crop facility charges.  Hopefully the trees can live AND they can still nail his ass.