OPELIKA, Ala. (AP) - The judge in the case of a man accused of poisoning the Toomer's Corner oak trees at Auburn University will not step down over concerns about his impartiality.
The Opelika-Auburn News reports that Lee County Circuit Court Judge Jacob A. Walker III has denied a motion by attorney Everett Wess, who represents Harvey Updyke Jr. Updyke is charged with multiple counts of felony criminal mischief and other charges in connection with the damage of the iconic oaks.
The 63-year-old Updyke has pleaded not guilty to the charges.
Wess had raised questions about Walker's ties to Auburn, but the judge ruled that Wess did not present evidence that Walker show partiality toward the university.
The trial in the case is scheduled to start March 5.
