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Updyke was arrested in late February for the poisoning after he confessed on a radio show. Until that point, there had been no suspects. He later recanted that confession and said subsequent confessions on various blogs in the southeast were not his. Many of Updyke's friends say he has been ''down on his luck'' for years but that he is a loyal Alabama football fan and was disappointed when Auburn walked away with the one point victory.
He'd been in seclusion since he was released in February after posting bond and when he made his first appearance in an Alabama courtroom, he was assaulted following the hearing. His attorney, Glennon Threatt, Jr., disputed the accusations that many made that Updyke had not been attacked, but that it was nothing more than a publicity stunt.
Updyke insists the attack occurred at the Tiger Express Gas Station in Opelika, Ala. He showed scratches and abrasions to Lee County Sheriff's deputies who'd responded to the 911 calls. Before long, when the press contacted the sheriff's department, they said Updyke had been uncooperative and therefore, they were limited in what they could do. His lawyer said his client was just upset and impatient to leave Opelika. ''He didn't want to cooperate with them at the time because he didn't believe people would give a dog-gone about him'', said Threatt to local media.
Soon, calls were pouring in to local radio and television stations. Callers said they doubted the legitimacy of the attack and said they wouldn't put it past him to deliberately strike himself to create the appearance of an attack. Updyke fired back through his lawyer and said that had he planned this, he'd have done it elsewhere.
Updyke sought medical treatment at East Alabama Medical Center and was released shortly thereafter according to a hospital spokesperson.
Updyke's been charged with first degree criminal mischief. It carries a possible sentence of ten years in prison. It's been handed over to the grand jury and in the meantime, Updyke is out on a $50,000 bond.