Philip Tyler, who was originally appointed to represent Harvey Updyke Jr., who faces charges of criminal mischief in the first degree, requested and received a withdrawal from the case. Tyler cited a conflict of interest as the reason for ditching the case. Before being appointed to the Updyke case, Tyler not only lived in Auburn for more than twenty years, but he has actually served as a part-time professor for the University.
Among Tyler's other reasons for not being able to represent Updyke, Jr., he says he has represented the University in the past and has many friends and family members associated with the University. Lee Country District Court Judge Russell K. Bush granted Tyler's motion for withdrawal from the case. Bush then appointed Jerry W. Hawser as Updyke's representative in the case.
Updyke has implicated himself in the case, after he made a call to The Paul Finebaum Show on January 27th, where he claimed to have poisoned the trees. ''The weekend after the Iron Bowl, I went to Auburn, Ala. because I live 30 miles away, and I poisoned the Toomer's trees,'' said the caller, who is alleged to be Updyke. He declined to state his real name, telling the talk show host that he was ''Al from Dadevill.''
Currently, Updyke, who is unemployed, is being held on $50,000 bail.
