🏈 Is Harvey Updyke Really Guilty of Killing Auburn’s Trees?

[crimsoncorner]

Why did Jimmie Cobb author an article titled "Bama's Enthusiasm Tide" in 2006?
Is he a hater of the Crimson Tide? Did he help Harvey Updyke by supplying him with the Spike 80DF? After all, Cobb has easy access to this potent herbicide. Wonder who Mr. Jimmie Cobb of Auburn, AL sold or gave this Spike80DF to?



Full Story Here</pre>

 

[Duder]

You have got to be kidding. Is the man that confessed to the crime guilty of said crime? In the eyes of the law, yes. A taped, uncoerced confession is as good as gold. Did he get it alone? Probably not. If you give me a gun and I shoot someone, I'm still guilty.

 

[Big_Fan]

You have got to be kidding. Is the man that confessed to the crime guilty of said crime? In the eyes of the law, yes. A taped, uncoerced confession is as good as gold. Did he get it alone? Probably not. If you give me a gun and I shoot someone, I'm still guilty.

Personally, I think ole Harv called in a hoax and two months later someone poisoned the trees. I don't know whether it was a Bama fan, or an attempt by Auburn to deflect attention from the NCAA investigation.

Your own people tested the trees 2 months after the alleged poisoning and they tested negative.

After the NCAA is done, AU football will be in the same shape as the Toomer trees.

 

[Duder]

Personally, I think ole Harv called in a hoax and two months later someone poisoned the trees. I don't know whether it was a Bama fan, or an attempt by Auburn to deflect attention from the NCAA investigation.

Your own people tested the trees 2 months after the alleged poisoning and they tested negative.

After the NCAA is done, AU football will be in the same shape as the Toomer trees.

Yes, the university jumped on someone calling the Finebaum show to deflect media attention from the NCAA investigation. The Cam Newton case isn't still big news. The investigation into Reed and the other kid hasn't made it past local news and message boards yet with the exception of Thayer Evans. The tree poisoning wouldn't impact media coverage of an investigation if one were to actually grow legs. The NCAA doesn't ignore any possibility of impropriety, I would've been concerned had they not attempted to make sure the recruitment of those kids was beyond reproach.

I assure you, it is no hoax. How the original soil samples tested negative I have no idea. The tree closest to Magnolia is already in shock. If Auburn were in on it they certainly wouldn't have used enough to run the risk of groundwater contamination--surely an AG school would know the EPA would get in on that

 

[joeman546]

You have got to be kidding. Is the man that confessed to the crime guilty of said crime? In the eyes of the law, yes. A taped, uncoerced confession is as good as gold. Did he get it alone? Probably not. If you give me a gun and I shoot someone, I'm still guilty.

It could easil y be that he bluffed on air and someone went through with it. If he says he is innocent, they better have something to peg him to the crime scene so there isnt reasonable doubt.

 

[AlabamaAubKiller]

As of today..yes he is inocent of all charges. He has yet to found guilty in a court of law, as is anyones right
under the constitution of this country. It's innocent UNTILL PROVEN guilty. Regardless of this mans crime
he is intitled to a certain rights under the law. I think we all to often in out out rage in this country are all too quick
to forget that.

other than that i agree with BigFan 100%.

 

[crimsoncorner]

You have got to be kidding. Is the man that confessed to the crime guilty of said crime? In the eyes of the law, yes. A taped, uncoerced confession is as good as gold. Did he get it alone? Probably not. If you give me a gun and I shoot someone, I'm still guilty.

No I am not kidding. Harvey Updyke may be guilty of making the threats on the Paul Finebaum Show. He may have poisoned the trees, but put simply, if the prosecutor cannot place this man with purchasing or borrowing from someone some of this stuff their case will be dropped. They may charge him with communicating a threat to vandalize, but that is totally different than actually carrying it out. Criminal Law 101.

 

[Duder]

No I am not kidding. Harvey Updyke may be guilty of making the threats on the Paul Finebaum Show. He may have poisoned the trees, but put simply, if the prosecutor cannot place this man with purchasing or borrowing from someone some of this stuff their case will be dropped. They may charge him with communicating a threat to vandalize, but that is totally different than actually carrying it out. Criminal Law 101.

Let's be frank--you think a guy like Updyke is intelligent enough to cover his tracks? It won't be difficult. He will most likely have to deal with a freebie attorney. We shall see how that goes.

 

[AlabamaAubKiller]

Let's be frank--you think a guy like Updyke is intelligent enough to cover his tracks? It won't be difficult. He will most likely have to deal with a freebie attorney. We shall see how that goes.

It's a high profile national case mr. rocket scientist. The national exposure will draw a decant lawyer on pro bono.
Some of these guys get thier rocks off on winning impossible cases. I doubt he'll have a problem finding a good lawyer no matter what his finacial situation is. Right now if i were making odds....he's got a 65% chance of getting off the hook with zero jail time. Considering he's former law enforcement, his record should be spotless. Which would make him a 1st offender. And they will typically get off easy, especially on a non violent offenese. If a deal goes down i look for his lawer to go after a reduction in charges, as well as probation.

 

[joeman546]

Well, i think some of us think he might walk like O.J.

i doubt anyone who would do that would cover their tracks. But you know, theere are so many ways and times he couldve gotten the chemicals. Maybe he has had them laying around for years(im serious, my family does things like that too) No idea, but you guys really need to peg him to the crime scene before anything

 

[Duder]

It's a high profile national case mr. rocket scientist. The national exposure will draw a decant lawyer on pro bono.
Some of these guys get thier rocks off on winning impossible cases. I doubt he'll have a problem finding a good lawyer no matter what his finacial situation is. Right now if i were making odds....he's got a 65% chance of getting off the hook with zero jail time. Considering he's former law enforcement, his record should be spotless. Which would make him a 1st offender. And they will typically get off easy, especially on a non violent offenese. If a deal goes down i look for his lawer to go after a reduction in charges, as well as probation.

Reading is fun

1996 Updyke was arrested and charged with criminal mischief
2004 Updyke was arrested and charged with theft.

He certainly doesn't have a spotless record. I'd gladly take the under on your odds

 

[srollins]

Personally, I think he's guilty. However, I don't know that he'll be convicted.

I know about law and the burden of proof. But, this is an internet forum and not a court. We are all entitled to our opinions here and it has no bearing on this man's rightful day in court.

I do hope that somehow our mutual fan bases can learn from this and swing the pendulum back to center and make this a respectful rivalry again and rise back above all the hate that's out there. Our traditions at Alabama are built on class and honor, this act was neither classy or honorable, nor was it funny as I have seen many people say. Its a damn shame and should be condemned by all.

 

[foshman]

It's a high profile national case mr. rocket scientist. The national exposure will draw a decant lawyer on pro bono.
Some of these guys get thier rocks off on winning impossible cases. I doubt he'll have a problem finding a good lawyer no matter what his finacial situation is. Right now if i were making odds....he's got a 65% chance of getting off the hook with zero jail time. Considering he's former law enforcement, his record should be spotless. Which would make him a 1st offender. And they will typically get off easy, especially on a non violent offenese. If a deal goes down i look for his lawer to go after a reduction in charges, as well as probation.

I think we should probably wait for some proof to come out before we hang the guy. It sure looks like he's factually guilty, and I would imagine the FBI will be able to dig up conclusive proof if he is, but until he's convicted he may not be legally guilty.

As for his lawyer, currently he has a court appointed attorney. His first court appointed attorney asked to be removed. He does have a criminal past, courts are not always sympathetic to former law enforcement agents that commit crimes, and I would be very willing to bet the prosecutor wants to make an example out of him, assuming their is good evidence that he is factually guilty.

I don't know if he'll be convicted but it seems like there's a decent chance.

 

['65 Cobra]

Let's be frank--you think a guy like Updyke is intelligent enough to cover his tracks? It won't be difficult. He will most likely have to deal with a freebie attorney. We shall see how that goes.

Actually, it's entirely possible he just didn't do it. I admit, when I heard the replay of the PF Show call, the guy sounded very emotional and charged up while saying he did it. But a radio show call-in isn't exactly an enforcable confession. The simple fact is, he may not have actually done it. Due process is something we should all respect.

This, in no way, diminishes how terrible the act was - just casts doubt at who may have actually done it.

As an aside, if you read the whole piece, it does pose interesting questions related to the level of knowledge/expertise required to select and then acquire an effective herbicide.

Lastly, while I don't buy into the whole deflect-the-NCAA thing (as it is a bit far-fetched), if someone WERE compelled to go so far as to commit such an act, worrying about groundwater and the EPA would probably not be a detterent for such a person.

 

[TerryP]

I think we should probably wait for some proof to come out before we hang the guy. It sure looks like he's factually guilty, and I would imagine the FBI will be able to dig up conclusive proof if he is, but until he's convicted he may not be legally guilty.

As for his lawyer, currently he has a court appointed attorney. His first court appointed attorney asked to be removed. He does have a criminal past, courts are not always sympathetic to former law enforcement agents that commit crimes, and I would be very willing to bet the prosecutor wants to make an example out of him, assuming their is good evidence that he is factually guilty.

I don't know if he'll be convicted but it seems like there's a decent chance.

They should be able to trace the buyer, easily.

The culprit? Seems like there's video of Toomer's, right?

 

[mhardiman]

If the guy did it I would think too that there would be proof around or near his property; I would think he would have the remainder storied, or would have some dead vegetation around him if he tried to disposed of it. I would think that whoever did it probably used the pellet form because it may (I'm not sure) send red flags if someone is lugging a sprayer around toomer's corner late at night, but if it was applied from a sprayer I would think that his sprayer would still contain some of the herbicides residue. I typically don't use the same sprayer when I go from Round-up to Fusilade II or Acclaim (Zoysia doesn't agree with Round-up even when dormant), but if I do I fill the sprayer with pure water and spray till I'm confident there is little to no remainder of what I'm trying to clean out left, and again I think if this were done they could find traces of this Spike80 in his soil. But if pellet form was used it would be harder to trace unless they could find dead vegetation around his property that test positive for this herbicide.

 

[AlabamaAubKiller]

Reading is fun

1996 Updyke was arrested and charged with criminal mischief
2004 Updyke was arrested and charged with theft.

He certainly doesn't have a spotless record. I'd gladly take the under on your odds

Well i'm sure the crack invetigation team @ ITAT already know everything about the man. I don't. That being said if he's got a record it would result in a stiffer penelty under the law.
IMO he should do some kind of jail time....IF he is found guilty. (not saying he isn't just that courts have yet to find him so, and untill then he isn't guilty)

 

[AlabamaAubKiller]

I think we should probably wait for some proof to come out before we hang the guy. It sure looks like he's factually guilty, and I would imagine the FBI will be able to dig up conclusive proof if he is, but until he's convicted he may not be legally guilty.

As for his lawyer, currently he has a court appointed attorney. His first court appointed attorney asked to be removed. He does have a criminal past, courts are not always sympathetic to former law enforcement agents that commit crimes, and I would be very willing to bet the prosecutor wants to make an example out of him, assuming their is good evidence that he is factually guilty.

I don't know if he'll be convicted but it seems like there's a decent chance.

agrees with this. (oddly enough)

 

[bear facts]

Let's be frank--you think a guy like Updyke is intelligent enough to cover his tracks? It won't be difficult. He will most likely have to deal with a freebie attorney. We shall see how that goes.

Neither do I think Cam or Cecil Newton are sharp enough to cover their tracks. Eventually, the truth will surface, and when it does the Barner Nation will go deeper into denial, only this time with an added void--a NC title removed. We shall see how that goes.

 

[Duder]

Neither do I think Cam or Cecil Newton are sharp enough to cover their tracks. Eventually, the truth will surface, and when it does the Barner Nation will go deeper into denial, only this time with an added void--a NC title removed. We shall see how that goes.

That's relevant. When all else fails, bring up Cecil Newton?