Judge Delays Updyke Trial

[The Six]

http://www2.oanow.com/news/2012/feb/27/toomers-oaks-judge-postpones-updyke-trial-ar-3309701/

Toomer's Oaks: Judge delays Updyke trial
Trial scheduled to begin next month pushed back; rescheduling hearing set for March 14

The judge in the case of the man accused of poisoning the Toomer’s Oaks has granted a defense motion to delay the trial, which was scheduled to begin in March.

On Friday, Lee County Circuit Court Judge Jacob A. Walker III granted a motion for continuance by Harvey A. Updyke Jr.’s attorneys, who say they need more time to prepare expert witnesses for the trial. Prosecutors also said they could use more time to finish gathering evidence. Walker scheduled a hearing for March 14 to discuss rescheduling the trial.

Walker also denied a second motion by the defense to recuse himself over his ties to Auburn University. The defense says a reasonable person could believe Walker is biased because he is an AU fan who has visited the trees on game days.

Walker, who agues he can remain impartial despite being a fan, denied the motion, saying Updyke’s attorneys failed to show evidence that he showed partiality toward the university while presiding over the case.

Updyke, 63, pleaded not guilty to multiple counts of felony criminal mischief, misdemeanor desecration of a venerated object and felony unlawful damage, vandalism or theft of property from a farm animal or crop facility in connection with the alleged poisoning of the oaks at the edge of AU’s campus with Spike 80DF in 2010.

Motions by the defense to change the trial’s location, dismiss the desecration of a venerated object charges and reduce the felony charges to misdemeanors remain pending.

Look for the Finebaum and Bammer spin machines to continue the barrage to make this just go away without any trial.

[The Six]

"Walker also denied a second motion by the defense to recuse himself over his ties to Auburn University. The defense says a reasonable person could believe Walker is biased because he is an AU fan who has visited the trees on game days.

Walker, who agues he can remain impartial despite being a fan, denied the motion, saying Updyke’s attorneys failed to show evidence that he showed partiality toward the university while presiding over the case."

See Alabama fans KNOW they would never be able to remain impartial when it came to a matter against "Tha Unaversitah" and thereby assume no one else could in a similar situation with another school/team.

Bammers make me want to puke. 

[GH2001]

Walker is a tough judge for the most part. I sat on one of his juries last summer for a murder case. He didn't smile, didn't small talk. He seemed real blunt and to the point.

[Kaos]

So wait a minute here. 

A judge should remove himself from a case because he has visited Toomer's Corner and therefore can't be impartial, but the professionalism and integrity of Alabama grad and Auburn beatwriter Evan Woodbery is above reproach?  He can't be questioned? It's unreasonable for Auburn fans to assume that he can't contain his ingrained bias?

Fucked up world. 

[dallaswareagle]

Walker is a tough judge for the most part. I sat on one of his juries last summer for a murder case. He didn't smile, didn't small talk. He seemed real blunt and to the point.

Jake Walker was in my graduation class in High school. He was a little guy who was smart but got picked on.

I always knew he would be in a postion to get even with alot of mofo's.

[Saniflush]

Jake Walker was in my graduation class in High school. He was a little guy who was smart but got picked on.

I always knew he would be in a postion to get even with alot of mofo's.

Did he have a sweet assed car?

[Snaggletiger]

Did he have a sweet assed car?

He drove a Pacer. 

[Godfather]

It was keen!

[The Six]

So wait a minute here. 

A judge should remove himself from a case because he has visited Toomer's Corner and therefore can't be impartial, but the professionalism and integrity of Alabama grad and Auburn beatwriter Evan Woodbery is above reproach?  He can't be questioned? It's unreasonable for Auburn fans to assume that he can't contain his ingrained bias?

Fucked up world.

Media do what they want.

[dallaswareagle]

Did he have a sweet assed car?

Didn’t need one, while guys like me we out doing stuff he was home studying. That’s why he a judge now and I work in an office.

But my car is still super keener this his.

[GH2001]

But my car is still super keener this his.

Atta Boy!

[The Six]

[dallaswareagle]

Sometimes to find your (Inner Keen) you have to go a different direction than everybody else.