http://www2.oanow.com/news/2011/oct/06/updyke-lawyer-asks-withdraw-counsel-ar-2517613/ Harvey Updyke Jr.'s attorney Glennon Threatt filed a motion to withdraw as counsel on Thursday, citing Updyke’s unwillingness to follow his advice.
A lawyer representing the man accused of poisoning the Toomer’s oaks is asking to withdraw from the case after his client appeared on a sports radio show against his advice.
“I just don’t feel I am the person anymore,” attorney Glennon F. Threatt said.
Threatt, who represents Harvey Updyke Jr., filed a motion to withdraw as counsel on Thursday, citing Updyke’s unwillingness to follow his advice against calling Paul Finebaum’s sports radio program on Sept. 28, according to court documents.
Lee County Circuit Court Judge Jacob A. Walker III must rule on whether Threatt may withdraw.
Fellow Birmingham lawyer Everett Wess also represents Updyke.
In the filing, Threatt said Updyke was advised against making an on-air apology to Auburn University fans for “all the damage I have done.”
“He needs somebody he will trust, and he needs somebody he will listen to,” Threatt said.
Threatt, who represents Updyke pro bono, said he was unsure why the relationship with his client deteriorated.
Threatt said he learned of Updyke’s on-air apology and prediction that he and fellow Wess would withdraw from reporters.
While Updyke did not admit to the poisonings, he apologized for the hurt he had caused and asked for forgiveness.
During an interview on the show in April, Updyke admitted to being “Al from Dadeville,” the caller who bragged in January about poisoning the trees. However, Updyke stopped short of admitting to the poisonings, saying, instead, the claims were an attempt to rile Auburn fans.
Traces of the potent defoliant Spike 80DF were found in the soil around the trees after a man calling himself “Al from Dadeville” phoned the Paul Finebaum sports radio show in January, claiming to have poisoned the trees.
In May, Updyke was indicted on two counts of first-degree criminal mischief, two counts of desecrating a venerated object and two counts of unlawful damage, vandalism or theft of property from a farm animal or crop facility in connection with the alleged poisoning of the oak trees at the corner of the AU campus and downtown Auburn.
Updyke is currently out on $125,000 bond and living with family in Louisiana.
Updyke is accused of poisoning the trees some time after the 2010 Iron Bowl.
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