Harvey Updyke's fmr. lawyer explains split

Accused Toomer's Corner tree poisoner Harvey Updyke's trial has been pushed back, and Updyke has a new Birmingham attorney. "Because I believed our relationship had  deteriorated  to the point I couldn't help him any more," Glennon Threatt, Updyke's former attorney said.

Threatt says he asked a Lee County judge to officially let him out of the case because last month Updyke appeared on the Paul Finebaum Radio Network against his advice. "Paul to the truly Auburn fan, not the haters, but the true Auburn fans I can't tell you how sorry I am," Updyke said September 28th.

Threatt says Updyke was hurting efforts to strike a deal in the case. "Then, when we got to the point it was hurting the case, I advised him we are getting to the point where you are hurting our ability for potentially settling the case. You need to be quiet," Threatt said.

Thursday Lee County Judge Jacob Walker named Birmingham attorney Everett Wess as Updyke's attorney. "First, my job is to get Harvey Updyke acquitted or get the charges dismissed," Wess said.

Wess has already filed a motion to drop the class C felony charge to a misdemeanor for poisoning the two live oak trees at Toomer's Corner. "In our particular case, we are talking about the value of trees. We have a specific statute that calls for $20 being paid to the victim of trees that are damaged or deadened," Wess said.

Wess is also working to get a deal where Updyke can possibly escape jail time. In the meantime, Wess is also asking Updyke to keep his mouth shut and stay off of Finebaum's show. "I have talked to him and I've advised him to not talk to media outlets. Not talking to Paul Finebaum. He has assured me he is not going to be talking to any media," Wess said.

A motion hearing is now set for January 17th. Lee County District Attorney Robert Treese agreed to the delay because of a heavy case load.

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