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Auburn Toomer's Corner poisoning trial delayed

Toomer's Corner in Auburn Alabama
hz536n/George Thomas

A judge is delaying the trial of an Alabama fan accused of poisoning Auburn's cherished Toomer's Corner oak trees.

Defense attorneys for Harvey Updyke have asked the judge to move the trial to a different location. Judge Jacob Walker said Thursday that he would set a hearing date to consider the request.

Attorney Everett Wess had previously asked the judge to prevent statements made by Updyke from being used at trial. One was an interview Updyke gave to police, and the other was an interview with the student newspaper in which he admitted to poisoning the trees. He later denied poisoning the oaks.

Walker says ``we have a very unusual set of circumstances that happened right here at the justice center.''

Updyke has pleaded not guilty by reason of mental defect or disease. 

(Copyright 2012 by The Associated Press. All Rights Reserved.)

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