http://www.oanow.com/news/crime_courts/article_667a456e-f000-11e2-96fc-0019bb30f31a.htmlA hearing has been scheduled to determine whether Harvey Updyke should owe more than $1 million to Auburn University for the poisoning of Toomer’s Oaks.
Lee County Circuit Judge Jacob A. Walker III issued an order Thursday that sets a Sept. 18 hearing at the Elmore County Courthouse to discuss the state’s pending restitution request against Updyke.
Updyke pleaded guilty to one count of unlawful damage of an animal or crop facility in March. The state is currently seeking $1.042 million in restitution.
The request, which was filed by the Lee County District Attorney’s Office on May 29, states the amount was determined based on the expenses incurred by Auburn University ever since the trees were poisoned after the 2010 Iron Bowl. According to the request, the amount was doubled due to Alabama law requiring anyone convicted of animal or crop damage to pay double to amount of damages.
Updyke’s attorneys, Andrew Stanley and Margaret Young Brown, have objected to the amount, calling the request restitution “unduly excessive, burdensome, and will result in unjust enrichment for the victim, Auburn University,†in a response filed June 12.
In the response, Stanley and Brown requested the state provide them with various documents, such as Auburn’s previous plans to keep the trees alive, as well as any documents noting fees or revenue projections made from Toomer’s Oaks merchandise.
Stanley previously stated that Updyke, who is reportedly living with his family in Louisiana, would not need to attend future proceedings.
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