Harvey Updyke

OPELIKA, Ala. (AP) -- Attorneys for Harvey Updyke say the University of Alabama fan is mentally competent to stand trial on charges of poisoning Auburn University's landmark oak trees.

But the lawyers said Thursday that Updyke still plans to use an insanity defense to fight the charges.

Attorney Margaret Brown told a judge in Opelika that Updyke's mental condition at the time of the offense is an entirely different question than his competency now, about two years after the incident.

A judge delayed a planned competency hearing for Updyke. He will meet with attorneys in the case on Jan. 9 to discuss a trial date for Updyke, possibly in the spring.

The judge said Updyke can remain free in the care of a daughter.

AP-WF-12-20-12 1745GMT7