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re: Updyke evidence or proof he poisoned the trees

Posted on 4/22/11 at 9:40 am to
Posted by ThaKaptin
The Sultan of Swag
Member since Nov 2010
21741 posts
Posted on 4/22/11 at 9:40 am to
quote:

WDE24


We all know he did it, nobody is denying that. But he wasnt refering to the poisoning in that interview with Paul. He was talking about the phone call the entire time. Or at least he was leading us to believe that is what he was talking about.
Posted by auburntiger77
Glendale
Member since Dec 2010
2044 posts
Posted on 4/22/11 at 9:41 am to
I think that I shall never see
A story weird as the Toomer's tree.

A tree where TP hangs in fame
When Auburn wins a football game

A tree whose hungry roots were killed
A Bama fan the poison spilled

Updyke was the old man's name
Remembered now in ugly fame

Time in a jail cell he should spend
Even if the poor trees should mend

Updyke says now he was attacked
It's hard to swallow that as fact

-- With apologies to

Joyce Kilmer, author of "Trees"

LINK
Posted by DvlsAdvocat
Your Mom's House, AL
Member since Jul 2007
24491 posts
Posted on 4/22/11 at 9:42 am to
quote:

The fact that he called in and confessed, and in said confession he named the exact herbicide used to poison the trees is pretty convincing.


The Auburn Professor's initial statement that there was no poisoning done will be a component in Updyke's defense...they will argue that someone else did the deed after hearing his "shite-stirring" call on Finebaum.
Posted by WDE24
Member since Oct 2010
54838 posts
Posted on 4/22/11 at 9:42 am to
quote:

We all know he did it, nobody is denying that. But he wasnt refering to the poisoning in that interview with Paul. He was talking about the phone call the entire time. Or at least he was leading us to believe that is what he was talking about.

No, at one point he got caught up and his attorney jumped in to clarify that he wasn't confessing (basically reminding Harvey not to eff up). He didn't explicitly say it, but in his mind Harvey was talking about what he did, not just the phone call.
Posted by ThaKaptin
The Sultan of Swag
Member since Nov 2010
21741 posts
Posted on 4/22/11 at 9:42 am to
quote:

The fact that he called in and confessed, and in said confession he named the exact herbicide used to poison the trees is pretty convincing.


That only proves that the suggestion was given out over statewide airwaves (mabe national, cant remember if that was before or after Paul went XM).

Someone could have heard that and went and got the same poison so that they could hide behind the telephone call that Harvey made to Paul.

I dont think thats what happened, but it is MORE than possible. Wouldnt be the first time that someone used suggestion in the same way to commit a crime and get away with it by defelcting blame on someone else.
Posted by Ross
Member since Oct 2007
47827 posts
Posted on 4/22/11 at 9:44 am to
I'm of the understanding that Spike 80DF isn't that easy to get a handle of.

I'd bring that up to show the unlikelihood that someone else decided to imitate his call.
Posted by WDE24
Member since Oct 2010
54838 posts
Posted on 4/22/11 at 9:44 am to
quote:

That only proves that the suggestion was given out over statewide airwaves (mabe national, cant remember if that was before or after Paul went XM).

Someone could have heard that and went and got the same poison so that they could hide behind the telephone call that Harvey made to Paul.

I dont think thats what happened, but it is MORE than possible. Wouldnt be the first time that someone used suggestion in the same way to commit a crime and get away with it by defelcting blame on someone else.
That would be the argument if it has to be made (which I doubt it will), but I would expect some horticultural expert could determine that the poison had been there since before his call on the show.
Posted by auburntiger77
Glendale
Member since Dec 2010
2044 posts
Posted on 4/22/11 at 9:44 am to
quote:

The Auburn Professor's initial statement that there was no poisoning done will be a component in Updyke's defense...they will argue that someone else did the deed after hearing his "shite-stirring" call on Finebaum.


A different professor who looked for photosynthesis in the leaves using some piece of equipment.. at the same time, they took dirt samples, those came back positive for SPF80....
Posted by ThaKaptin
The Sultan of Swag
Member since Nov 2010
21741 posts
Posted on 4/22/11 at 9:45 am to
quote:

No, at one point he got caught up and his attorney jumped in to clarify that he wasn't confessing (basically reminding Harvey not to eff up). He didn't explicitly say it, but in his mind Harvey was talking about what he did, not just the phone call.


I may have missed that part because I admittedly didnt hear the entire thing, I took a couple calls on my cell during the interview and also stopped by Krystals drive through to feed my fatass.
Posted by graves1
Birmingham, Alabama
Member since Mar 2011
2167 posts
Posted on 4/22/11 at 9:46 am to
If Spike is hard to get, do they know where he bought it?
Posted by auburntiger77
Glendale
Member since Dec 2010
2044 posts
Posted on 4/22/11 at 9:46 am to
Posted before, but worth repeating...

The Updyke also called an Auburn professor and left a voice message... that KILLS his story..
Posted by DvlsAdvocat
Your Mom's House, AL
Member since Jul 2007
24491 posts
Posted on 4/22/11 at 9:46 am to
Yep. To be clear, I think he's 100% guilty as hell, but I can see the crack in the window the will try to exploit, and they are signaling to the Prosecutors that they might want to accept a plea than take this to trial, because who knows what the jury will go for, if we build this reasonable doubt.
Posted by WDE24
Member since Oct 2010
54838 posts
Posted on 4/22/11 at 9:47 am to
quote:

If Spike is hard to get, do they know where he bought it?

I suspect they do, but it hasn't been publicly released as far as I know.

His attorney is expecting federal charges to be brought as well, which would lead me to believe they have more evidence than just the phone call.
This post was edited on 4/22/11 at 9:48 am
Posted by ThaKaptin
The Sultan of Swag
Member since Nov 2010
21741 posts
Posted on 4/22/11 at 9:48 am to
quote:

but I would expect some horticultural expert could determine that the poison had been there since before his call on the show.


The only problem with this is that they would have to know the exact dosage to be able to know how long it had been there. Half-life and effectiveness on the tree itself are both dependent on the amount of poison used. Which is unknown at this time because nobody saw how much was poured on there and nobody knows for sure how long after it happened the ground was tested.

I'm playing devils advocate here though, just shooting holes in the defense cause its fun, not cause I think he is innocent.

I keep repeating this cause I am waiting on someone to call me a stupid delusional bammer.
Posted by graves1
Birmingham, Alabama
Member since Mar 2011
2167 posts
Posted on 4/22/11 at 9:48 am to
Is Spike a powder or liquid?
Posted by NorthGwinnettTiger
Member since Jun 2006
53001 posts
Posted on 4/22/11 at 9:48 am to
quote:

That only proves that the suggestion was given out over statewide airwaves (mabe national, cant remember if that was before or after Paul went XM).

Someone could have heard that and went and got the same poison so that they could hide behind the telephone call that Harvey made to Paul.

I dont think thats what happened, but it is MORE than possible. Wouldnt be the first time that someone used suggestion in the same way to commit a crime and get away with it by defelcting blame on someone else.


This might be a defense if he hadn't also called an AU professor and stated the same thing. They pulled his phone number off caller id.
Posted by DvlsAdvocat
Your Mom's House, AL
Member since Jul 2007
24491 posts
Posted on 4/22/11 at 9:50 am to
quote:

I'm of the understanding that Spike 80DF isn't that easy to get a handle of.

I'd bring that up to show the unlikelihood that someone else decided to imitate his call.



That was flying around the internet for a while, but I checked the Dow website and it is not listed as a controlled poison.
Besides, even if it WAS, it doesn't mean that it can't be found...with all the agricultural activity in the area, I'm sure there are several sources for it within easy driving range.
Posted by WDE24
Member since Oct 2010
54838 posts
Posted on 4/22/11 at 9:50 am to
quote:

The only problem with this is that they would have to know the exact dosage to be able to know how long it had been there. Half-life and effectiveness on the tree itself are both dependent on the amount of poison used
Are you a horticulturalist or just repeating what the Bama message board defenders are arguing. I have no idea if that is true, but I suspect some scientist would be able to prove it. Maybe not.
Posted by Ross
Member since Oct 2007
47827 posts
Posted on 4/22/11 at 9:50 am to
quote:

This might be a defense if he hadn't also called an AU professor and stated the same thing. They pulled his phone number off caller id.



This guy went to some serious lengths to screw himself over.
Posted by Ross
Member since Oct 2007
47827 posts
Posted on 4/22/11 at 9:51 am to
oh well, if it was that'd damage his case.

Hell, I think his case is built with flimsy playing cards as it is.
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