Will Dr. Treevorkian ever be tried?

Dr. Treevorkian, aka Harvey Updyke, stands accused of attempted herbicide in the poisoning of the two landmark trees at Toomer’s Corner in Auburn. But the judge presiding over the trial ended two days of jury selection by delaying the trial (indefinitely) and essentially throwing up his hands.

Evan Woodbery has been providing solid coverage of this saga.

According to the story:

Judge Jacob Walker ruled this morning that the jury pool was so tainted that it was impossible for Updyke to receive a fair trial.

Walker, a Lee County Circuit Court judge who had presided over two days of jury selection, issued a continuance in the case and said he would consider ordering a change of venue later.

It seems likely that the trial will be moved to another location, and it seems most likely that if Updyke actually does go to trial it won’t be in front of a jury anywhere near the 334 area code.

Indeed, one has to wonder: given the amount of press this story has received, is it possible to seat an untainted jury anywhere in the state?

I’m skeptical.

Perhaps in the interest of justice and closure, the prosecution could offer a new plea deal to the defense that doesn’t include jail time. It would be politically unpopular for the prosecution to offer such an agreement, and just as unpopular for Judge Walker to accept it.

Updyke is said to be in poor health. It’s entirely likely that the trees he’s accused of poisoning outlive him.

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Harvey Updyke alleges assault. Has the rivalry gone too far?

Yesterday, after a scheduled court appearance in a Lee County Courthouse, Harvey Updyke—the man accused of attempted herbicide in the infamous Toomer’s Corner Tree Massacre—claimed that he had been assaulted at a gas station. Updyke says he stopped to get gas and a drink and suddenly “went black” as he stepped out of his vehicle, possibly losing consciousness. He was later treated and released from the East Alabama Medical Center for minor cuts and bruises on his face.

No suspects have been identified but the smart money is on a perp that wears orange and blue.

The story first came to light when Updyke’s court appointed lawyer, Glennon Threatt, spoke on the air to Paul Finebaum during the regularly scheduled broadcast of the Paul Finebaum Radio Network.

Twitter and teh innerwebs promptly blew up.

The next step was completely predictable—indie bloggers and network sportswriters from everywhere outside the state of Alabama wagged their heads, shook their fingers and tsk’ed tsk’ed over the “shocking” new development and the ferocity of the Iron Bowl Rivalry.

Ladies and gentlemen, please get over yourselves.

The latest freak turn in the Iron Bowl rivalry is just the most recent installment in a Hatfield-McCoy squabble that’s been going on in this state for decades. Do you honestly think this is the first time an avowed Alabama fan was assaulted while in “enemy territory?” Do you honestly think the reverse hasn’t happened? Trust me, it has. It happens a lot.

Here’s the real shocker—it’s not unique to the state of Alabama, and it’s not even unique to sports rivalries in the United States. The savagery in the Giants-Dodgers rivalry isn’t new, either. Giants fan Marc Antenorcruz was shot and killed by Dodger fan Pete Marron on September 19, 2003, and in 2009, a man stabbed his friend in the Dodger Stadium parking lot. In fact, none of what’s transpired here over the last few months even comes close to what’s happened out west and across the pond. The Celtic – Rangers rivalry even includes a religious sectarian twist. Good luck ever getting rid of the bad blood there.

Remember Malice in the Palace, when a Detroit Pistons fan threw a half-full beer at Ron Artest, who promptly led a charge of players into the stands for a brawl against the fans? Remember Dodger Reggie Smith charging into the stands to beat a fan that had thrown something at him? At least the Iron Bowl keeps the players on the field.

There are other intense rivalries in college sports, and I’m sure if you were willing to do the research, you’d find instances of vandalism and violence in long-running rivalries like Michigan – Ohio State, West Virginia – Pitt, Florida – Florida State, Duke – North Carolina and so forth and so on.

Alabama is a small state. The vast majority of Alabama and Auburn fans live, work, play and worship together and for most Alabamians, the Iron Bowl really is just a football game, albeit a very big and very important one for bragging rights and the next season’s wardrobe selection.

Very small fringe elements on both sides of the rivalry are guilty of excesses, but the fact remains that it is a miniscule proportion of the state’s population and the two schools’ fanbases. The proliferation of loosely moderated internet message boards (i.e, the ones not named TideFans.com), Twitter, Facebook and talk radio has put those fringe groups closer together than ever before, and this allows the whole world to give witness to their antics.

These two football programs have accounted for the last two BCS National Championships and the last two Heisman Trophy winners. The last three Iron Bowls have had national championship implications and the 2011 installment probably will, too.

Most Alabamians are proud of those accomplishments.

Y’all jealous, much? With a few notable exceptions, not many of the programs mentioned in the paragraphs above have won anything of significance in years. Florida and Duke have won recent national championships in football and basketball, but when was the last time West Virginia or Michigan mattered in anything?

The attempted herbicide at Toomer’s Corner and the alleged assault of the Dr. Treevorkian in the case are examples of fringe element behavior. The vast majority of both fanbases condemn this kind of activity.

It’s not war. It’s just a big football game in a place where football is a big deal.

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Coincidence: Dr. Treevorkian’s new lawyer has connections to Bobby Lowder

Amid news reports that Dr. Treevorkian, aka Harvey Almorn Updike, has gone hermit and is now living in a van down by the river or something, the man accused of attempted herbicide and criminal mischief in the poisoning of the Toomer’s Corner has finally found a lawyer.

The first three attorneys appointed by the court to represent him have, one by one, asked to be excused from the case due to alleged conflicts of interest and irreconcilable differences.  The first two claimed conflicts of interest based on ties to Auburn University. The third cited “irreconcilable differences” which, to me, suggests that despite never apparently attending class at Auburn, he’s all in with teh fambly (If you think that’s something, wait until we get to jury selection in the Lee County courthouse).

Along comes Glennon Threatt, Jr.

Mr. Threatt, as you may recall, represented former Birmingham Mayor Larry Langford in his trial on federal bribery and corruption charges in 2009. Langford was convicted of those charges and later sentenced to 15 years in the federal pen, where he remains to this day, professing his innocence.

Langford also made news when a lawsuit was filed, alleging that he walked into an Alabama casino and was escorted to certain bingo machines, that delivered eye-popping jackpots in the tens of thousands.

Take a wild-assed guess at who owned the casino at the center of that controversy.  If you guessed Milton McGregor, you win the Daily Jackpot and will receive one free year of IBCR blog content! Stay on the line and we’ll get your details…

But back to Dr. Treevorkian’s new defender, Glennon Threatt, Jr.  He is not a first, second or even third year criminal defense attorney who works for peanuts taking court appointed lawyer assignments. The dude is a white collar criminal defense lawyer and is reportedly well compensated for his services in criminal defense. Maybe he can afford to take Dr. Treevorkian’s case pro bono, but it’s curious that such a high powered white collar criminal defense attorney is defending a man accused of the most notorious incident of criminal mischief in modern state history.

Or, is it?

According to this website, Mr. Threatt either once worked for or is still affiliated with the law firm of Miller Hamilton Snider & Odom, one of Alabama’s largest and most prominent law firms. One of the founders of the Miller Hamilton legal juggermaut was Jack Miller.

Who was Jack Miller?

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Lowder is now coming home to his beloved Auburn. He is building a mansion in the scholarly neighborhood of Pinedale, home to many present and former Auburn professors and administrators.

There goes the neighborhood.

Drive by and look at the place. During the past week, from 30 to 40 cars and trucks have crowded the block in a mad scramble to finish work on the house.

It’s rather a sad spectacle. Without his big money, his big bank, his big jet, his powerful control of the AU board, I doubt he will find many real friends. Money does buy friends, but those so bought are as plastic as Colonial credit cards.

Coming to Auburn, he has said he can remain more focused on family and Auburn University. Maybe the family side will work out; being more focused, involved in Auburn will not.

That focus may have played a role in the loss of his bank. His input at AU is not wanted and he will quickly get that message. His power on the “new” board is all but gone.

He lost the left side of his brain with the recent death of Jack Miller, Lowder’s $4 million-per-year Mobile lawyer. Gone is his chief ally in the Alabama Senate, Lowell Barron, and an Auburn trustee about as slimy as Lowder. Death claimed two good guys on the board, Jack Venable and Charlie Glover.

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There are other publications documenting the relationship between Lowder and his “left brain”. As with many of Lowder’s associates, Mr. Miller served on the AU board of trustees and had a multimillion dollar business relationship with the Money Man.

Mr. Miller also once employed the man now charged with defending Dr. Treevorkian against charges that he poisoned Auburn’s beloved 130-year old Live Oaks at Toomer’s Corner. If I was Updyke, I think I’d go live in a van down by the river, too.

There are just too damned many coincidences, with too many of the same faces showing up the most unusual places.

Exit question:  Does Mr. Threatt use the TiderInsider.com postings as a means of creating reasonable doubt at trial, or does this case even go to trial?

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