The Alabama fan accused of poisoning Auburn's Toomer Oaks may face a jury this week in Lee County.
Jury selection in Harvey Updyke's trial is expected to begin Tuesday. Monday, Updyke and his wife Elva arrived at the Lee County Justice Center for a deposition of an analyst who tests soil samples.
Lawyer, Everett Wess, said Updyke is not doing well physically but wants the trial to go forward.
Updyke, 63, appeared in court alongside his attorney, but his health may affect his ability to participate in court, according to a notice filed by his defense attorneys last Friday.
Doctors indicated Updyke needs a neurological exam due to "passing out spells." He suffers from diabetes which is poorly controlled, according to the document. The prosecution has not commented on the notice.
The Crimson Tide fan allegedly poured an herbicide, called Spike80DF, on the trees the weekend after Auburn beat Alabama in the 2010 Iron Bowl.
Updyke is facing 6 federal charges including criminal mischief and desecration of a venerated object. The defense is challenging the value of the oaks and their status of venerated objects. Judge Jacob Walker says these concerns will be addressed during the proceeding.
Auburn says it has spent $80,000 trying to save the trees while the defense argues the damage to the oaks was $40.
If convicted, Updyke, could get up to 42 years in prison.
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