Updyke’s lawyers balk at restitution amount

This June 20, 2012 file photo shows Harvey Updyke arriving to court as jury selection continues in his trial at the Lee County Justice Center in Opelika, Ala. A judge has revoked the bond of Updyke, an Alabama fan charged with poisoning Auburn University's landmark oak trees in a fit of football rivalry. Updyke was taken into custody following a brief court hearing Thursday, Sept. 27, 2012, in Lee County. (AP Photo/Opelika-Auburn News, Vasha Hunt, Pool, File)
This June 20, 2012 file photo shows Harvey Updyke arriving to court as jury selection continues in his trial at the Lee County Justice Center in Opelika, Ala. A judge has revoked the bond of Updyke, an Alabama fan charged with poisoning Auburn University's landmark oak trees in a fit of football rivalry. Updyke was taken into custody following a brief court hearing Thursday, Sept. 27, 2012, in Lee County. (AP Photo/Opelika-Auburn News, Vasha Hunt, Pool, File)

OPELIKA, Ala. (AP) – Lawyers representing Harvey Updyke Jr., the Alabama fan who poisoned the Toomer’s Oaks at Auburn University, are objecting to the amount of restitution prosecutors want him to pay.

The attorneys say in court records that the state’s preferred restitution of $1.04 million is excessive and would result in “unjust enrichment” for Auburn University.

The Opelika-Auburn News reports that the figure is double the amount of the anticipated final cost of treatment and removal of the trees and renovation of the corner, among other expenses. The amount is based on a doubling of the costs incurred under a state law that requires anyone convicted of such an offense to pay twice the reasonable costs of replacing materials.

Updyke was freed from jail this month after serving 76 days for the crime.

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Information from: Opelika-Auburn News, http://www.oanow.com/

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