Katy Reynolds takes a photo of the poisoned oak trees near Auburn University at Toomer's Corner in Auburn, Ala., on Wednesday, June 29, 2011. (AP Photo/Jay Reeves)
Harvey Updyke is due in court Thursday in Opelika. A Lee County judge is set to consider expert reviews of Updyke's mental condition.
The 64-year-old Updyke is awaiting trial on criminal mischief and other charges alleging he spiked the Toomer's Corner oaks with a strong herbicide almost two years ago. The trees are nearly dead, and university officials already are considering plans to replace them.
Updyke says he is not guilty and could use an insanity defense. He was evaluated at a state-run mental health facility in Tuscaloosa.
Updyke is under the care of a daughter in Louisiana following his release.
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