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Harvey Updyke's bond revoked

OPELIKA, Ala. -- A judge revoked bond Wednesday for a
University of Alabama fan accused of poisoning Auburn University's
landmark oak trees.

Officers hand-cuffed Harvey Updyke and took him to jail after
the ruling by Circuit Judge Jacob A. Walker III in Opelika. Walker
said he would review any additional evidence from the defense and
could order Updyke's release later.

Assistant District Attorney Kisha Abercrombie urged the judge to
revoke Updyke's bond because of his arrest over an altercation with
a Lowes employee in Louisiana. A court there issued an arrest
warrant for Updyke in November -- while he was in Alabama state
custody undergoing mental evaluations, Abercrombie said. She added
that Updyke still hasn't cleared up the Louisiana case despite
being free for weeks.

Defense attorneys Margaret Brown and Andrew Stanley argued
Updyke should be allowed to remain free. They said his arrest in
Louisiana was improper and the Alabama judge lacked enough evidence
to determine whether charges were still pending.

Updyke violated terms of his bond by getting arrested, Walker
said.

Walker noted on his arrest video that Updyke said, "'I know
it's a terroristic threat but I'm going to prison anyway,'" an
apparent reference to his legal troubles in Alabama.

Walker granted prosecutors' request to jail Updyke after
watching the video that shows the man calmly talking with a police
officer outside the store and complaining that he bought five
different lawn mowers, "and they all messed up."

He told police he was having a hard time getting refunds and
became upset when an officer suggested that he hire a lawyer. The
video shows Updyke becoming increasingly agitated and cursing while
one officer told another, "He told me he ain't got nothing to
lose."

Updyke is set for trial April 8. He has pleaded not guilty by
reason of mental disease or defect to charges that include criminal
mischief and desecrating a venerable object.

Updyke is charged with poisoning the Toomer's Corner oak trees
during Auburn's run to the national championship in the 2010
football season. Auburn football fans traditionally roll the trees
with toilet paper after a win.

Once full and green, the university says the trees are all but
dead and will be removed.