AUBURN, Ala. (AP) - Defense lawyers for a University of Alabama fan accused of poisoning the iconic oaks at Toomer's Corner in Auburn say they plan to be ready for trial this week even though their client's poor health may affect his participation.
Harvey Updyke Jr.'s trial is expected to begin sometime after the planned Monday pre-trial deposition of an analyst who tests soil samples.
The Opelika-Auburn News reports (http://bit.ly/KHX2aq) that Updyke's lawyers on Thursday filed a notice saying that the doctor treating Updyke for his "poorly controlled" diabetes recommended that the 63-year-old get a neurological exam.
Lawyer Everett Wess says the defense still plans to be ready but wanted the court to know that Updyke's health could affect his ability to participate.
Prosecutors declined to comment on the notice.