Mental evaluation done, Updyke free from custody - WSFA.com: News Weather and Sports for Montgomery, AL.

Mental evaluation done, Updyke free from custody

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OPELIKA, Ala. (AP) - The Alabama football fan charged with poisoning Auburn University's landmark oak trees is free from custody following the completion of a mental evaluation.

A Lee County judge has released Harvey Updyke into the supervision of his daughter in Louisiana now that the psychiatric testing is done.

The Opelika-Auburn News (http://bit.ly/QtiQwJ ) reported Friday that the judge scheduled a competency hearing for Updyke for Dec. 10 in Opelika. Prosecutors requested the hearing.

Updyke remains free on bond, and the judge set new restrictions for him to live with his daughter.

Updyke is awaiting trial on criminal mischief and other charges alleging he spiked the Toomer's Corner oaks with a powerful herbicide nearly two years ago. The trees are nearly dead.

Updyke says he is not guilty and could use an insanity defense.

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