Harvey Updyke will have a preliminary hearing in the Toomer’s Corner tree poisoning case on March 2 in Lee County District Court, according to court papers filed Tuesday, a day in which yet a new defensive attorney was assigned to the case.

Updyke’s first two attorneys filed motions to be removed from the case, citing a conflict of interest with Auburn University.

Updyke’s new attorney is Jerry M. Blevins of Montgomery, according to court papers.

Updyke was arrested March 17 for criminal mischief. Police believe Updyke poisoned the trees at Auburn in the fall after the Tigers beat Alabama in the Iron Bowl. The poisoning focused attention on the Auburn-Alabama rivalry because Updyke is an Alabama fan.

Updyke is free on $50,000 bond.

His second attorney, Jerry W. Hauser, filed a motion Tuesday morning to withdraw as Updyke’s court-appointed attorney, citing a conflict of interest. His wife, Dr. Margaret E. Fitch-Hauser, is the head of the Department of Communications and Journalism at Auburn.

Updyke’s first court-appointed attorney, Philip Tyler, was removed after he filed a motion to withdraw, also citing a conflict of interest.

via Preliminary hearing set, Harvey Updyke assigned new attorney in Toomer’s Corner poisoning case | al.com.

Talk-radio lightning rod Paul Finebaum said Thursday that the venom spewed on his syndicated sports show played a role in the poisoning of the historic Toomer’s Corner oaks in Auburn, but he has no plans to tell his callers to tone it down.

“I think we would be less than honest to say that we don’t play a role,” Finebaum said off-the-air Thursday. “This is not a milquetoast, politically correct radio show. A lot of things are said, and a lot of things are said with a lot of anger. And I let it go.

“So if someone wants to blame me for what happened, they are welcome to do that,” he added. “But I don’t think just because people engage on a radio show equates to what this guy is accused of doing.”

On Jan. 27, a listener who identified himself as “Al in Dadeville” and said he was an Alabama fan called into the Paul Finebaum Radio Network and said he poisoned two Toomer’s Corner trees with Spike 80DH herbicide.

Earlier today, Auburn police arrested Harvey Almorn Updyke, 62, from Dadeville, and charged him with criminal mischief for applying an herbicide to the Toomer’s Corner oaks.

Thursday afternoon on ESPN’s “Pardon The Interruption,” Finebaum said that he “absolutely” believes that Updyke and the caller to his show are the same person.

via Toomer’s Corner tree poisoning: Radio host Paul Finebaum says his show played a role and he won’t tone it down | al.com.