I don't know much about accused tree-killer Harvey Updyke's 62 years on earth prior to last week, other than his extremely unhealthy obsession with Alabama, a school he never attended in a state in which he apparently hasn't lived for most of those years. But if the last six days somehow haven't been the worst of his life, then man, he's had a rough go of it: Since Auburn first announced last Wednesday that the beloved oak trees at its traditional on-campus celebration site, Toomer's Corner, had been drenched with an extremely lethal dose of herbicide, Updyke has been arrested, had his mugshot splashed across the nation, endured death threats against him and his family and , according to a Montgomery TV report, may be scraping together an existence out of his car as he awaits trial. (Let's sincerely hope not.)
Before he gets to trial, though, Updyke needs a lawyer, which – considering he's accused of committing a crime against Auburn, in Auburn – is proving to be something of a problem in Lee County, where it seems everyone who's ever passed the bar can plausibly claim some connection to the university, and is more than willing to do so. His first court-appointed attorney begged out of the assignment on Friday, claiming "numerous personal and family ties" to the school. The second bailed out this morning. As of this afternoon, the Updyke non-defense fund has already added its third member, and counting:
Jerry M. Blevins, who was assigned the case Tuesday morning, filed a motion Tuesday afternoon asking to be removed from the case. He's the third defense attorney to ask to be removed. … Blevins, in court papers, said he asked to be removed because an "irreconcilable conflict arose" between he and Updyke.
[…]
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.
Blevins did have the decency to request that Updyke's hearing date (currently set for March 2) be pushed back to allow more time to get someone on board who can't wriggle out. At this rate, Updyke will eventually be reduced to calling on either non-practicing columnist-attorney Clay Travis (who's waiting on the call) or fictional 31st Century civil rights lawyer Old Man Waterfall, who may not agree with poisoning trees, but will defend to the death anyone's right to do pretty much anything. But I think we can safely say that Atticus Finch is not walking through that door.
[UPDATE, 5:35 p.m. ET] A hero emerges: Glennon Threatt Jr., who represented Birmingham mayor Larry Langford, went on (where else?) the Paul Finebaum Show this afternoon to confirm that he is Updyke's new attorney, and "proud to represent him." He also confirmed that Updyke is "living in a car in the woods," and doesn't know him well enough yet to determine whether "[Updyke's] belief system is consistent with the truth."
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Matt Hinton is on Twitter: Follow him @DrSaturday.
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