Third lawyer quits defence of 'Auburn oak poisoner' Harvey Updyke

Charged: Harvey Updyke is accused of deliberately poisoning the 130-year-old oak trees in a revenge attack.Three lawyers have now refused the case

A third lawyer has stepped down from defending the man accused of poisoning the famous oak trees of Auburn University.

Jerry Blevins became the latest attorney seeking to withdraw from the emotive case, citing an 'irreconcilable conflict' between himself and defendant Harvey Updyke Jr.

The news comes as botanists dug contaminated soil out from under the trees for a second day, in a last ditch effort to save the poisoned oaks.

 

It was announced by the university that the Auburn oak's had been poisoned last Wednesday.

Spike 80DF,  the herbicide used to kill trees, was deliberately applied in lethal amounts and Auburn University experts believe the trees are not likely to survive.

Updyke's arrest on Thursday came after a man admitted on a radio show to poisoning the trees with an industrial herbicide in January - citing the fierce rivalry between nearby Alabama State and Auburn universities.

Mr Blevins replaced Jerry Hauser, who filed a motion to withdraw from the case because of a potential conflict of interest.

His wife, Margaret Fitch-Hauser, is head of Auburn's department of communication and journalism.

The court appointed Hauser on Friday after Philip Tyler was allowed to withdraw.

Tyler, who also had been appointed by the judge, cited conflicts - including his former job as an assistant professor at the university.

John Carroll, dean of the Cumberland School of Law at Samford University, said while such refusals are not uncommon, three in a row seemed, 'more than the normal number of folks that have conflicts.'

'It's not only whether or not you have an actual conflict of interest, it's also whether you and the client can get along.

Tribute: Toni Rich holds her son Gabriel, 5, as students and supporters gather to pay tribute to live oaks at Toomer's Corner

'In this particular case any lawyer who gets into it wants to make sure he can get in it for the long haul and can represent the client as zealously as the Canons of Judicial Ethics require.

Mr Carroll said the court might have to go outside of Auburn to find an attorney willing to handle this case, which has aroused the passion of many fans.

'In the Auburn community, it might be a very difficult thing to do.'

The famous oaks stand at Auburn's Toomer's Corner and are a symbol for university students who 'decorate' them by throwing toilet roll into the branches.

The tradition, known as 'rolling',  is used to celebrate events such as the winning of a football game.

Speaking today, Mike Clardy, the University's director of communications said: 'We've taken out as much of the poisoned soil as we can at this point.

'We're using high-pressure air and high-pressure water to remove it.'

Rescuers plan to replace the poisoned soil with fresh dirt mixed with charcoal, which it is hoped will absorb the herbicide.

Despite their best efforts however, experts are still sure the trees will eventually die.

On January 27 a man identifying himself as 'Al from Dadeville' rang up the Paul Finebaum radio talk show angry about the behaviour of Auburn university students.

The caller said he had witnessed Auburn students defacing the statue of legendary Alabama State University football coach Bear Bryant after the two clashed in the annual Iron Bowl game.

'The weekend after the Iron Bowl I went to Auburn, Alabama, because I live 30 miles away, and I poisoned the two Toomer's trees,' the caller said.

'There not dead yet but they definitely will die.'

The host of the show then asked if he knew that poisoning was illegal,  to which the caller replied: 'You think I care, well I don't.'

He finished off by alluding to a famous Alabama State football chant 'roll damn tide' a reference to the team's nick name 'crimson tide'.

The poisoning was kept a secret by police and university officials for fear of jeopardising the investigation, which has been active since January.

After the announcement hundreds of Auburn alumni and fans gathered to 'roll' the trees, possibly for the last time before they die.